§ 8-102 — Polls; opening of

New York § 8-102

• Jurisdiction: New York
• Law ELN: Election
• Title 1: Polling Places
• Art. 8: Conduct of Elections

Text

§ 8-102. Polls; opening of. 1. The inspectors of election, and clerks,\nif any, shall meet at the polling place at least one-half hour before\nthe time set for opening the polls of election. The inspectors of\nelection shall:\n (a) See that the American flag is displayed.\n (b) Cause the facsimile ballots and voter information posting to be\nposted conspicuously within the polling place.\n (c) Cause the distance markers to be placed at a distance of one\nhundred feet from the polling place.\n (d) Establish a guard-rail by delineating and marking out the voting\narea by a suitable means. The ballot scanner, ballot marking device,\nballot boxes and secure storage containers, privacy booths, all ballots\nand all equipment shall be kept within such guard-rail.\n (e) Place the books, ballots and sample ballots, blanks, stationery\nand supplies so that they will be ready and convenient for use.\n (f) Affix or attach to their clothing and cause the clerks, if any, to\naffix or attach to their clothing the proper identification buttons,\nbadges or emblems issued by the board of elections pursuant to the\nprovisions of this chapter. The inspectors and clerks shall wear no\nother buttons, badges or emblems which are similar in design.\n (g) See that the privacy booths contain conspicuous instructions on\nhow to properly mark ballots and that voters are provided with\nappropriate writing instruments for marking ballots.\n (h) Unlock all ballot boxes and secure storage containers to be used\nto hold election day paper ballots, see that they are empty, allow them\nto be examined by the watchers present, and lock them up again in such a\nmanner that the watchers and the persons just outside the guard-rail may\nsee that the boxes are empty when re-locked; provided, however, the\nballot boxes or secure storage containers holding unused ballots shall\nbe inspected to confirm that only the number of unused election day\npaper ballots provided by the board of elections are contained therein.\n (i) Inspect the ballot scanner and ballot marking device to see that\nit is in good working order. Inspect the placement of privacy booths to\npreserve the secrecy of voting; inspect the screen of the ballot scanner\nand ballot marking device; inspect the polling place to make certain\nthere is no way that anyone can view any voting action by a voter at the\nballot scanner, ballot marking device, or in a privacy booth; and affix\na conspicuous notice, in the form prescribed by the state board of\nelections, in a prominent place near the ballot scanner and in the\nprivacy booth, instructing the voter on how to properly mark a ballot in\norder to have his or her vote counted. Such notice shall be printed in\nEnglish and such other languages as the board of elections may determine\nto be appropriate.\n (j) Announce that the polls are open for voting and the time when the\npolls will close.\n (k) Voting at each polling place for early voting shall be conducted\nin a manner consistent with the provisions of this article, with the\nexception of the tabulation and proclamation of election results which\nshall be completed according to subdivisions eight and nine of section\n8-600 of this article.\n 2. The keys to the ballot scanner and ballot marking device shall be\ndelivered to the inspectors at least one-half hour before the time set\nfor the opening of the polls, in a sealed envelope, on which shall be\nwritten or printed the ballot scanner or ballot marking device serial\nnumber and location of the polling place, as reported by the voting\nmachine custodian. The envelope containing the keys shall not be opened\nuntil at least one inspector from each of the two parties shall be\npresent in the polling place and shall have examined the envelope to see\nthat it has not been opened. Before opening the envelope, such election\ninspectors present shall examine the serial number on the machine, and\nshall see if they are the same as the numbers written on the envelope\ncontaining the keys. If found not to agree, the envelope must not be\nopened until the voting machine custodian, or other authorized person,\nshall have been notified and shall have arrived at the polling place for\nthe purpose of re-examining such machine and shall certify that it is\nproperly arranged. If the serial number on the machine is found to agree\nwith the number on the envelope, the inspectors, except as hereinafter\nprovided, shall turn on the machine. The inspectors shall carefully\nexamine the printed record produced by the machine to see that each\ncounter registers zero, and shall allow watchers to examine the printed\nrecord. The inspectors shall then sign a certificate showing the\ndelivery of the keys in a sealed envelope, the serial number on the\nmachine, the number registered on the protective counter, that all the\ncounters are set at zero and that the public counter is set at zero. The\nmachine shall remain secured against voting until the polls are formally\nopened and shall not be operated except by voters when voting or by\nelection officials upon the instructions of the board of elections. If\nany counter is found not to register zero, the inspectors of election\nshall immediately notify the board of elections.\n