Laws of New York (Last Updated: November 21, 2014) |
ELN Election |
Article 9. CANVASS OF RESULTS |
Title 2. CANVASS BY BOARD OF ELECTIONS |
Section 9-208. Provisions for recanvass of vote in every election district in the state; procedure in case of discrepancy
Latest version.
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1. Within fifteen days after each general, special or primary election, and within seven days after every village election conducted by the board of elections at which voting machines are used, the board of elections, or a bipartisan committee of or appointed by said board, shall in each county using voting machines, make a record of the number on the seal and the number on the protective counter, of each voting machine used in each election district in such general, special or primary election, shall open the counter compartment of each of such machine, and, without unlocking such machine against voting, shall recanvass the vote cast thereon or, if the machine is provided with a device for printing or photographing the counters, such board or committee shall recanvass such printed or photographic record or, if the machine is provided with a removable electronic or computerized device which records the vote cast on such machine and from which a printed copy of such vote may be made mechanically or electronically and also a device for printing or photographing such vote directly from the voting machine, such board or committee shall recanvass the vote by comparing the vote on the printed copy of the canvass made from such removable device with the printed or photographed copy of the canvass made directly from the voting machine at the close of the polls. No person who was a candidate at such election shall be appointed to membership on the committee. The said board or committee shall during such time, make a recanvass of any absentee and military, special federal, special presidential, emergency and write-in ballots which were canvassed at polling places on election night and delivered to the board of elections by the person filing returns. Before making such canvass the board of elections, with respect to each election district to be recanvassed, shall give notice in writing to the voting machine custodian thereof, to the state and county chairman of each party or independent body which shall have nominated candidates for the said general or special election or nominated or elected candidates at the said primary election and to each individual candidate whose name appears on said machine, of the time and place where such canvass is to be made; and the state and county chairman of each such party or independent body and each such individual candidate may send a representative to be present at such recanvass. Each candidate whose name appears on said machine, or his representative, shall have the right personally to examine and make a copy of the vote recorded on such machine and ballots. 2. If upon such recanvass, it shall be found that the original canvass of the returns has been incorrectly made from any machine or machines or upon the result of any absentee and military, special federal, special presidential, emergency or alleged write-in ballot, a statement in writing shall be prepared giving in detail for each such machine or total of such ballots or alleged write-in ballots cast, the result of the recanvass, and such statement shall be witnessed by the persons required to be present and shall be filed with the board of elections. Such recanvass of votes made pursuant hereto shall thereupon supersede the returns filed by the inspectors of election of the election district in which the canvass was made. 3. If upon such recanvass, it shall be found that a discrepancy still remains unaccounted for, the board of elections, or the committee thereof, with the assistance of the custodian of the machine, shall unlock the voting and counting mechanism of the machine and shall proceed thoroughly to examine and test the machine to determine and reveal the true cause or causes, if any, of the discrepancy in the returns from such machine. Before testing, the counters shall be reset at zero and each counter shall be operated at least one hundred times. After the completion of such examination and test, the custodian shall then and there prepare a statement in writing giving in detail the result thereof, and such statement shall be witnessed by the persons required to be present and shall be filed in the office of the board of elections.