At any general, special, town or village election, any party committee or independent body whose candidates are upon the ballot, and at any primary election, any two or more candidates and any political committee may have for each election district three watchers at any one time, not more than one of whom may be within the guard rail at any one time. Watchers shall be appointed by the chairman of any such party, committee or independent body or by the candidates.
Watchers may be present at the polling place at least fifteen minutes before the unlocking and examination of any voting machine or ballot box at the opening of the polls, until after the signing of the inspectors’ returns and proclamation of the result.
The appointment of watchers for any election shall be by a certificate in writing issued by the chairman or secretary of the political party or independent body, or the candidates. Such certificate shall be delivered to an inspector at the election district.
Each watcher must be a qualified voter of the city or county in which he is to serve.
§ 8-104. Polls.
The American flag shall be kept displayed at each polling place throughout the election. Facsimile ballots, voter information posting and distance markers shall not be taken down, torn or defaced during the election. While the polls are open no person shall do any electioneering within the polling place, or in any public street, within a one hundred foot radial measured from the entrances designated by the inspectors of election, to such polling place or within such distance in any place in a public manner; and no political banner, button, poster or placard shall be allowed in or upon the polling place or within such one hundred foot radial. While the polls are open no person shall consume any alcoholic beverages within the polling place.
1-a. The election inspectors shall conspicuously post in the polling place before the opening of the polls, a voter information posting, which shall include: (a) the sample ballot and instructions for the use of voting machines required pursuant to section 7-118 of this chapter; (b) information regarding the date of the election and the hours during which polling places will be open; (c) instructions on how to cast an affidavit ballot and a concise statement of a voter’s right to such a ballot; (d) instructions relating to requirements for voting on voting machines by those registrants who must provide identification pursuant to the federal Help America Vote Act of 2002; (e) instructions for first-time voters; (f) a voter’s bill of rights describing voter’s rights under applicable federal and state law, including the right of accessibility and alternate language accessibility; (g) information pertaining to voting by paper ballot, including information about the consequence of casting an overvote, steps to prevent unintentional undervoting and spoiled ballots; (h) instructions on how to contact the appropriate officials if a voter’s right to vote or right to otherwise participate in the electoral process has been violated; and (i) general information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation. The state board of elections shall prescribe the form and content of the voter information posting, which may be comprised of one or more pages, provided each page shall be posted separately. The state board of elections shall prescribe an official version of such voter information posting for every language which appears on any general, primary or special election ballot in any election district in the state and for such other languages as such board, in its opinion, determines is appropriate. Such posting shall be used in all jurisdictions, and a separate posting shall be made by election inspectors for each language appearing on the ballot and for such additional languages as the board of elections may require. A board of elections may modify or supplement the voter information posting used in its jurisdiction to provide additional or local information; provided, however, any such modification or supplementation shall be submitted to the state board of elections for prior approval.
2. The boxes and all official ballots shall be kept within the guard-rail, and at least six feet therefrom, from the opening of the polls until the annnouncement of the result of the canvass and the signing of the inspectors’ returns thereof. No person shall be admitted within the guard-rail during such period except the election officers, authorized watchers, persons admitted by the inspectors to preserve order or enforce the law, and voters duly admitted for the purpose of voting; provided, however, that candidates voted for at the polling place may be within the guard-rail during the canvass.
3. The provisions of this chapter concerning the preservation of order and apprehension for crime on a day of registration, shall apply to a day of election, but a person taken into custody shall not be prohibited thereby from voting.
4. After a ballot box shall have been locked for the purposes of election, it shall not be opened until it is opened at the close of the polls for purposes of canvass. Each inspector shall be responsible personally for the custody of each ballot box and its contents from the time the election begins until the box is delivered, according to law, to the person entitled to receive it.
5. Voters entitled to vote who are on line or in the polling place at the time fixed by law for the closing of the polls shall be allowed to vote.
6. In the city of New York, during days of primary, general, special and community school board elections, at each premises wherein a polling place or places are located, at least one police officer or peace officer designated by the police commissioner of such city pursuant to the provisions of article two of the criminal procedure law shall be assigned for duty from the opening until the closing of the polls. Additional police officers or peace officers may be assigned as is deemed appropriate by the police commissioner of such city.
§ 8-102. Polls; opening of.
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.
Poll Watchers Guide
poll watchers guide
§ 8-500. Watchers; provision for.
§ 8-104. Polls.
1-a. The election inspectors shall conspicuously post in the polling place before the opening of the polls, a voter information posting, which shall include:
(a) the sample ballot and instructions for the use of voting machines required pursuant to section 7-118 of this chapter;
(b) information regarding the date of the election and the hours during which polling places will be open;
(c) instructions on how to cast an affidavit ballot and a concise statement of a voter’s right to such a ballot;
(d) instructions relating to requirements for voting on voting machines by those registrants who must provide identification pursuant to the federal Help America Vote Act of 2002;
(e) instructions for first-time voters;
(f) a voter’s bill of rights describing voter’s rights under applicable federal and state law, including the right of accessibility and alternate language accessibility;
(g) information pertaining to voting by paper ballot, including information about the consequence of casting an overvote, steps to prevent unintentional undervoting and spoiled ballots;
(h) instructions on how to contact the appropriate officials if a voter’s right to vote or right to otherwise participate in the electoral process has been violated; and
(i) general information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation. The state board of elections shall prescribe the form and content of the voter information posting, which may be comprised of one or more pages, provided each page shall be posted separately. The state board of elections shall prescribe an official version of such voter information posting for every language which appears on any general, primary or special election ballot in any election district in the state and for such other languages as such board, in its opinion, determines is appropriate. Such posting shall be used in all jurisdictions, and a separate posting shall be made by election inspectors for each language appearing on the ballot and for such additional languages as the board of elections may require. A board of elections may modify or supplement the voter information posting used in its jurisdiction to provide additional or local information; provided, however, any such modification or supplementation shall be submitted to the state board of elections for prior approval.
2. The boxes and all official ballots shall be kept within the guard-rail, and at least six feet therefrom, from the opening of the polls until the annnouncement of the result of the canvass and the signing of the inspectors’ returns thereof. No person shall be admitted within the guard-rail during such period except the election officers, authorized watchers, persons admitted by the inspectors to preserve order or enforce the law, and voters duly admitted for the purpose of voting; provided, however, that candidates voted for at the polling place may be within the guard-rail during the canvass.
3. The provisions of this chapter concerning the preservation of order and apprehension for crime on a day of registration, shall apply to a day of election, but a person taken into custody shall not be prohibited thereby from voting.
4. After a ballot box shall have been locked for the purposes of election, it shall not be opened until it is opened at the close of the polls for purposes of canvass. Each inspector shall be responsible personally for the custody of each ballot box and its contents from the time the election begins until the box is delivered, according to law, to the person entitled to receive it.
5. Voters entitled to vote who are on line or in the polling place at the time fixed by law for the closing of the polls shall be allowed to vote.
6. In the city of New York, during days of primary, general, special and community school board elections, at each premises wherein a polling place or places are located, at least one police officer or peace officer designated by the police commissioner of such city pursuant to the provisions of article two of the criminal procedure law shall be assigned for duty from the opening until the closing of the polls. Additional police officers or peace officers may be assigned as is deemed appropriate by the police commissioner of such city.
§ 8-102. Polls; opening of.
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.