Laws of New York (Last Updated: November 21, 2014) |
ELN Election |
Article 9. CANVASS OF RESULTS |
Title 1. CANVASS AT POLLING PLACES |
Section 9-104. Casting of ballot; absentee, military, special federal and special presidential ballots
Latest version.
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1. (a) Before opening the ballot box, or canvassing the paper ballots, any absentee, military, special federal or special presidential voters' ballot envelopes received at the polling place shall be examined by the inspectors. (b) If a person whose name is on an envelope as a voter has already voted in person at such election, or if his name and residence as stated on the envelope are not on a registration poll record, or the computer generated list of registered voters or the list of special presidential voters, or if there is no name on the envelope, or if the envelope is not sealed, such envelope shall be laid aside unopened and returned unopened to the board of elections with the other returns of the election. (c) If there is more than one ballot envelope executed by the same voter, the one bearing the earlier date of execution shall be accepted and the other rejected. If it cannot be determined which envelope bears the earlier date, then all such envelopes shall be rejected. (d) If such person is found to be registered and has not voted in person, an inspector shall compare the signature, if any, on each envelope with the signature, if any, on the registration poll record, the computer generated list of registered voters or the list of special presidential voters, of the person of the same name who registered from the same address. If the signatures are found to correspond, such inspector shall certify thereto by signing his initials in the "Inspector's Initials" column on the last blank line of the spaces reserved for the voter's signature on the back of his registration poll record, or on the computer generated list of registered voters or in the "remarks" column as appropriate. (e) If such person is found to be registered and has not voted in person, and if no challenge is made, or if a challenge made is not sustained, the envelope shall be opened, the ballot or ballots withdrawn without unfolding, and the ballot or ballots and stubs, if any, deposited in the proper ballot box or boxes, or envelopes, provided however that, in the case of a primary election, the stub, if any, shall be removed and the ballot and stub, if any, deposited in the box only if the ballot is of the party with which the voter is enrolled according to the entry on the back of his registration poll record or next to his name on the computer generated registration list; if not, the ballot shall be rejected without inspection or unfolding and shall be returned to the envelope which shall be endorsed "not enrolled" and returned to the board of elections with the unopened envelopes, if any. At the time of the deposit of such ballot or ballots in the box or envelopes, the inspectors shall enter the words "absentee vote" or "military vote" in the space reserved for the voter's signature on the aforesaid last blank line or list or in the "remarks" column as appropriate, and shall enter the year and month of the election on the same line in the spaces provided therefor. 2. As each envelope is opened, if one or more of the different kinds of ballots to be voted at the election are not found therein, the clerks, or inspectors, shall make a memorandum showing what ballot or ballots are missing. If a ballot envelope shall contain more than one ballot for the same offices, all the ballots in such envelope shall be rejected. When the casting of such ballots shall have been completed the clerks or inspectors shall ascertain the number of such ballots of each kind which have been deposited in the ballot box by deducting from the number of envelopes opened the number of missing ballots, and shall make a return thereof in duplicate. The number of absentee voters' ballots deposited in the ballot box shall be added to the number of other ballots deposited in the ballot box, in order to determine the number of all ballots of each kind to be accounted for in the ballot box.