§ 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) initiate
the ballot scanner, close the poll mechanism, print the tabulated
results tape, and post the results tape or announce its contents or
both; (g) remove one of the portable memory devices from the ballot
scanner for the purpose of reporting the unofficial tally of election
results pursuant to section 9-126 of this title; (h) post or announce
the results of any hand counts and sign the return of canvass pursuant
to subdivisions 2 and 3 of this section; (i) close, lock and seal the
machine; and (j) sign the close of poll certificate, as provided by the
board of elections.

2. (a) The inspectors shall canvass the ballot scanner tabulated
results by printing the 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 results tape numbers. An inspector shall,
under the scrutiny of an inspector of a different political party,
either post the results tape or read and announce in the order of the
offices as their titles are arranged on the tabulated results tape, in
distinct tones the public office or party position, candidate name,
political party and the results as shown on the tabulated results tape
and then shall announce the number of write-in votes recorded for each
office. The inspectors shall also in the same manner post or announce
the results for each ballot proposal.

(b) The results on the tabulated results tape shall be entered on or
the tabulated results tape (representing the aggregate results of votes
cast on the ballot scanner or the results by election district as
applicable) 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. If any election day paper ballots were
hand counted pursuant to this section and subdivision two of section
9-110 of this title, an inspector shall, under the scrutiny of an
inspector of a different political party, either post or read and
announce the results of such hand count. The tally sheet of any such
hand counting shall be signed by the inspectors conducting same and
affixed to or recorded on the return of canvass. The return of canvass
and tabulated results tape shall be signed by two inspectors of each
major political party.

(c) The results tape 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.

(d) If the machine is provided with a removable electronic or
computerized device which records the total of the votes cast on such
machine ( for purposes of this section a "portable memory device"), such
device shall be removed from the machine after copies of the results
tape, sufficient to meet the requirements of this chapter and the
regulations of the board of elections, have been produced. After the
portable memory 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 posted
or announced with the sum of the votes appearing on the tabulated
results 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 results tape for each voting
machine should be posted on the wall of the polling place forthwith;
provided, however, that if only one copy of such results tape can be
printed by any such machine at any election, such copy shall be used in
preparation of the returns of canvass required by this title.

(b) Election day paper ballots that have not been scanned shall be
canvassed and tallied pursuant to this section and 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, as provided for in section 9-106 of this title.

5. The inspector or other courier assigned by the board 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(s), ward(s) or assembly district(s)
where it has been used, the number on the seal and the number on the
protective counter. In the city of New York, police officers or peace
officers designated by the police commissioner of such city shall
provide such delivery of the devices.

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 re-packaged and sealed for return to the board of
elections as elsewhere provided. If requested by any person entitled to
be present the inspectors shall, during the canvass of any ballots,
exhibit to him or her the ballot then being canvassed, fully opened and
in such a condition that he or she may fully and carefully read and
examine it, but no inspector shall allow any ballot to be taken from his
or her hand or to be touched by any person but an inspector.