§ 9-102 — Canvass; general provisions for

§ 9-102. Canvass; general provisions for. 1. As soon as the polls of\nthe election are closed, the inspectors of election thereat shall, in\nthe order set forth herein: (a) place an inspector at the ballot scanner\nto prevent further voting; (b) reconcile the paper ballots pursuant to\nsection 9-106 of this title; (c) remove surplus ballots, if any,\npursuant to section 9-108 of this title; (d) scan the ballots contained\nin the emergency box or other secure storage container pursuant to\nsection 9-110 of this title; (e) hand count and secure ballots that\ncannot be scanned pursuant to section 9-110 of this title; (f) initiate\nthe ballot scanner, close the poll mechanism, print the tabulated\nresults tape, and post the results tape or announce its contents or\nboth; (g) remove one of the portable memory devices from the ballot\nscanner for the purpose of reporting the unofficial tally of election\nresults pursuant to section 9-126 of this title; (h) post or announce\nthe results of any hand counts and sign the return of canvass pursuant\nto subdivisions 2 and 3 of this section; (i) close, lock and seal the\nmachine; and (j) sign the close of poll certificate, as provided by the\nboard of elections.\n 2. (a) The inspectors shall canvass the ballot scanner tabulated\nresults by printing the results tape in the presence of the watchers and\nall other persons who may be lawfully within the polling place, giving\nfull view of the tabulated results tape numbers. An inspector shall,\nunder the scrutiny of an inspector of a different political party,\neither post the results tape or read and announce in the order of the\noffices as their titles are arranged on the tabulated results tape, in\ndistinct tones the public office or party position, candidate name,\npolitical party and the results as shown on the tabulated results tape\nand then shall announce the number of write-in votes recorded for each\noffice. The inspectors shall also in the same manner post or announce\nthe results for each ballot proposal.\n (b) The results on the tabulated results tape shall be entered on or\nthe tabulated results tape (representing the aggregate results of votes\ncast on the ballot scanner or the results by election district as\napplicable) shall be affixed to the return of canvass for that ballot\nscanner or election district pursuant to section 9-120 of this title by\nan inspector under the scrutiny of an inspector of a different political\nparty, in the space indicated. If any election day paper ballots were\nhand counted pursuant to this section and subdivision two of section\n9-110 of this title, an inspector shall, under the scrutiny of an\ninspector of a different political party, either post or read and\nannounce the results of such hand count. The tally sheet of any such\nhand counting shall be signed by the inspectors conducting same and\naffixed to or recorded on the return of canvass. The return of canvass\nand tabulated results tape shall be signed by two inspectors of each\nmajor political party.\n (c) The results tape shall include a certificate which the inspectors\nshall sign, stating the number of voters as shown on the public counter\nand the number on the protective counter.\n (d) If the machine is provided with a removable electronic or\ncomputerized device which records the total of the votes cast on such\nmachine ( for purposes of this section a "portable memory device"), such\ndevice shall be removed from the machine after copies of the results\ntape, sufficient to meet the requirements of this chapter and the\nregulations of the board of elections, have been produced. After the\nportable memory device is removed from the machine, the inspectors shall\nplace such device in the secure envelope or other secure container\nprovided for its return to the board of elections. Such secure container\nshall be signed by the inspectors upon the securing of the device\ntherein.\n 3. (a) During the canvass time any candidate or duly accredited\nwatcher who may desire to be present shall be admitted to the polling\nplace. During the proclamation of the result, ample opportunity shall\nbe given to any person lawfully present to compare the results so posted\nor announced with the sum of the votes appearing on the tabulated\nresults tape and any hand counted election day ballots, if any, and any\nnecessary corrections shall then and there be made on the return of\ncanvass by the inspectors. Thereafter, the voting machine shall be\nclosed and locked. The first copy of the results tape for each voting\nmachine should be posted on the wall of the polling place forthwith;\nprovided, however, that if only one copy of such results tape can be\nprinted by any such machine at any election, such copy shall be used in\npreparation of the returns of canvass required by this title.\n (b) Election day paper ballots that have not been scanned shall be\ncanvassed and tallied pursuant to this section and sections 9-108 and\n9-110 of this title.\n (c) At a primary election, the ballots of the parties represented on\nthe board of inspectors shall be canvassed before the ballots of other\nparties are canvassed.\n 4. All types of ballots, enclosed in properly sealed envelopes\nrespectively, and properly endorsed shall be filed with the original\nreturn of canvass, as provided for in section 9-106 of this title.\n 5. The inspector or other courier assigned by the board filing the\nreturns shall deliver to the board or officer from whom received, the\nkeys of the voting machine, enclosed in a sealed envelope having\nindorsed thereon a certificate of the inspectors stating the number of\nthe machine, the election district(s), ward(s) or assembly district(s)\nwhere it has been used, the number on the seal and the number on the\nprotective counter. In the city of New York, police officers or peace\nofficers designated by the police commissioner of such city shall\nprovide such delivery of the devices.\n 6. The room in which such canvass is made shall be clearly lighted,\ningress and egress through the main entrance thereto shall be freely\npermitted, and such canvass shall be made in plain view of those\nentitled to be present. The ballots shall at all times be kept on top of\nthe table and in plain view of all persons entitled to examine them,\nuntil they have been re-packaged and sealed for return to the board of\nelections as elsewhere provided. If requested by any person entitled to\nbe present the inspectors shall, during the canvass of any ballots,\nexhibit to him or her the ballot then being canvassed, fully opened and\nin such a condition that he or she may fully and carefully read and\nexamine it, but no inspector shall allow any ballot to be taken from his\nor her hand or to be touched by any person but an inspector.\n