Laws of New York (Last Updated: November 21, 2014) |
ELN Election |
Article 8. CONDUCT OF ELECTIONS |
Title 1. POLLING PLACES |
Section 8-102. Polls; opening of
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1. The inspectors of election, and clerks, if any, shall meet at the polling place at least one-half hour before the time set for opening the polls of election. The inspectors of election shall: (a) See that the American flag is displayed. (b) Cause the facsimile ballots and voter information posting to be posted conspicuously within the polling place. (c) Cause the distance markers to be placed at a distance of one hundred feet from the polling place. (d) Establish a guard-rail by delineating and marking out the voting area by a suitable means. The voting machine, ballots and all equipment shall be kept within such guard-rail. (e) Place the books, ballots and sample ballots, blanks, stationery and supplies so that they will be ready and convenient for use. (f) Affix or attach to their clothing and cause the clerks, if any, to affix or attach to their clothing the proper identification buttons, badges or emblems issued by the board of elections pursuant to the provisions of this chapter. The inspectors and clerks shall wear no other buttons, badges or emblems which are similar in design. (g) See that the voting booths are supplied with pencils having black lead only. (h) Unlock the ballot boxes, see that they are empty, allow them to be examined by the watchers present, and lock them up again in such a manner that the watchers and the persons just outside the guard-rail may see that the boxes are empty when re-locked. (i) Inspect the voting machine to see that it is in good working order and has a curtain to preserve the secrecy of voting; inspect the screen of the voting booth; inspect the polling place to make certain there is no way that anyone can view any action of a voter inside the voting machine or booth; and affix a conspicuous notice, in the form prescribed by the state board of elections, in a prominent place in the machine or booth, instructing the voter that, in order to have his vote counted, he must leave the voting levers in a down position when he operates the handle to open the curtain. Such notice shall be printed in English and such other languages as the board of elections may determine to be appropriate. (j) Announce that the polls are open for voting and the time when the polls will close. 2. The keys to the voting machine shall be delivered to the inspectors at least one-half hour before the time set for the opening of the polls, in a sealed envelope, on which shall be written or printed the number and location of the voting machine, the number of the seal, and the number registered on the protective counter, as reported by the voting machine custodian. The envelope containing the keys shall not be opened until at least one inspector from each of the two parties shall be present in the polling place and shall have examined the envelope to see that it has not been opened. Before opening the envelope, all the election officers present shall examine the number on the seal on the machine, also the number registered on the protective counter, and shall see if they are the same as the numbers written on the envelope containing the keys. If found not to agree, the envelope must not be opened until the voting machine custodian, or other authorized person, shall have been notified and shall have presented himself at the polling place for the purpose of re-examining such machine and shall certify that it is properly arranged. If the numbers on the seal and protective counter, are found to agree with the numbers on the envelope, the inspectors, except as hereinafter provided, shall open the doors concealing the counters and, before the polls are open, each inspector shall carefully examine every counter and see that it registers zero and allow the watchers to examine them. If the machine is provided with a device for printing or photographing candidate and amendment counters, the door concealing the counters shall not be opened and the inspectors shall instead carefully examine the printed or photographic record produced by the machine to see that each counter registers zero, and shall allow watchers to examine the printed or photographic record. The inspectors shall then sign a certificate showing the delivery of the keys in a sealed envelope, the number on the seal, the number registered on the protective counter, if all the counters are set at zero (000), if the public counter is set at zero (000), and if the ballot labels are properly placed in the machine. The machine shall remain locked against voting until the polls are formally opened, and shall not be operated except by voters in voting. If any counter is found not to register zero (000), the inspectors of election shall immediately notify the custodian who shall if practicable adjust the counters at zero (000), but if it shall be impracticable for the custodian to arrive in time to adjust such counters before the time set for opening the polls, the inspectors shall immediately make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post the same upon the wall of the polling place, where it shall remain throughout election day, and in filling out the return of canvass they shall subtract such number from the number then registered on such counter.