9-102 - Canvass; general provisions for.
§ 9-102. Canvass; general provisions for. 1. As soon as the polls of the election are closed, the inspectors of election thereat shall, in the order set forth herein; a.) place an inspector at the ballot scanner to prevent further voting; b.) reconcile the paper ballots pursuant to section 9-106 of this title; c.) remove surplus ballots, if any, pursuant to section 9-108 of this title; d.) scan the ballots contained in the emergency box or other secure storage container pursuant to section 9-110 of this title; e.) hand count and secure ballots that cannot be scanned pursuant to section 9-110 of this title; f.) close the poll, print the tabulated result tape, announce the result and sign the return of canvass pursuant to subdivisions 2 and 3 of this section; g.) close, lock and seal the machine; and h.) sign the close of poll certificate, as provided by the board of elections. 2.* (a) The inspectors shall canvass the machine vote by printing the ballot scanner tabulated results tape in the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of the tabulated result tape numbers. The chair of the board of inspectors shall, under the scrutiny of an inspector of a different political party, in the order of the offices as their titles are arranged on the tabulated result tape, read and announce in distinct tones the public office or party position, candidate name, political party and the result as shown on the tabulated result tape and then shall announce the aggregate number of write-in votes recorded for each office. The board of elections shall canvass the write-in votes cast for each office on the election day paper ballots at the time of the recanvass conducted pursuant to section 9-208 of this article. The chair shall also in the same manner announce the vote on each ballot proposal. The results on the tabulated result tape shall be entered on or the tabulated result tape shall be affixed to the return of canvass for that ballot scanner or election district pursuant to section 9-120 of this title, by an inspector, under the scrutiny of an inspector of a different political party, in the space indicated; provided, however, if any election day paper ballots were hand counted, the results of such hand counting shall be recorded on the return of canvass and be added to the numbers reported from the tabulated results tape to produce a single result for each candidate and ballot proposal. The return of canvass, which shall show the aggregate number of votes cast for each office, the number of votes cast for each candidate appearing on the ballot for each office and the aggregate number of write-in votes for each office, shall then be filled out. Such return and tabulated result tape shall be signed by each inspector. * NB Effective until July 10, 2010 * (a) The inspectors shall canvass the machine vote by printing the ballot scanner tabulated results tape in the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of the tabulated result tape numbers. The chair of the board of inspectors shall, under the scrutiny of an inspector of a different political party, in the order of the offices as their titles are arranged on the tabulated result tape, read and announce in distinct tones the public office or party position, candidate name, political party and the result as shown on the tabulated result tape and then shall announce the aggregate number of write-in votes recorded for each office. The chair shall also in the same manner announce the vote on each ballot proposal. The results on the tabulated result tape shall be entered on or the tabulated result tape shall be affixed to the return of canvass for that ballot scanner or election district pursuant to section 9-120 of this title by an inspector, under the scrutiny of an inspector of a different political party, in the space indicated;provided, however, if any election day paper ballots were hand counted pursuant to subdivision two of section 9-110 of this title, the results of such hand counting shall be recorded on the return of canvass and be added to the numbers reported from the tabulated results tape to produce a single total result for each candidate and ballot proposal. The return of canvass, which shall show the aggregate number of votes cast for each office, the number of votes cast for each candidate appearing on the ballot for each office and the aggregate number of write-in votes for each office, shall then be filled out. Such return and tabulated result tape shall be signed by each inspector. * NB Effective July 10, 2010 (b) The printed or photographic record produced by such machine shall include a certificate which the inspectors shall sign, stating the number of voters as shown on the public counter and the number on the protective counter. (c) If the machine is provided with a removable electronic or computerized device which records the total of the votes cast on such machine, such device shall be removed from the machine after copies of the printed record, sufficient to meet the requirements of this chapter and the regulations of the board of elections, have been produced. After the device is removed from the machine, the inspectors shall place such device in the secure envelope or other secure container provided for its return to the board of elections. Such secure container shall be signed by the inspectors upon the securing of the device therein. 3. (a) During the canvass time any candidate or duly accredited watcher who may desire to be present shall be admitted to the polling place. During the proclamation of the result, ample opportunity shall be given to any person lawfully present to compare the results so announced with the sum of the votes appearing on the tabulated result tape and any hand counted election day ballots, if any, and any necessary corrections shall then and there be made on the return of canvass by the inspectors. Thereafter, the voting machine shall be closed and locked. The first copy of the printed record for each voting machine should be posted on the wall of the polling place forthwith; provided, however, that if only one copy of such printed record can be printed by any such machine at any election, such copy shall be used in preparation of the statement of returns required by this title. (b) Election day paper ballots that have not been scanned shall be canvassed and tallied pursuant to sections 9-108 and 9-110 of this title. (c) At a primary election, the ballots of the parties represented on the board of inspectors shall be canvassed before the ballots of other parties are canvassed. 4. All types of ballots, enclosed in properly sealed envelopes respectively, and properly endorsed shall be filed with the original return of canvass. 5. The inspector filing the returns shall deliver to the board or officer from whom received, the keys of the voting machine, enclosed in a sealed envelope having indorsed thereon a certificate of the inspectors stating the number of the machine, the election district, ward or assembly district where it has been used, the number on the seal and the number on the protective counter. 6. The room in which such canvass is made shall be clearly lighted, ingress and egress through the main entrance thereto shall be freely permitted, and such canvass shall be made in plain view of those entitled to be present. The ballots shall at all times be kept on top of the table and in plain view of all persons entitled to examine them, until they have been tied into bundles as elsewhere provided. Ifrequested by any person entitled to be present the inspectors shall, during the canvass of any ballots, exhibit to him the ballot then being canvassed, fully opened and in such a condition that he may fully and carefully read and examine it, but no inspector shall allow any ballot to be taken from his hand or to be touched by any person but an inspector.