§ 9-108. Canvass; ballots, verifying number cast. 1. For all election\nday paper ballots cast when a ballot scanner is not available, ballots\nabandoned by a voter at the ballot scanner, as defined in 9 NYCRR\n6210.13(a)(11)(a) or ballots submitted by the voter which are otherwise\nnon-machine processable, as defined in 9 NYCRR 6210.13(a)(8), the board\nof inspectors, at the beginning of the canvass, shall count the number\nof unscanned ballots found in each emergency box or other secure storage\ncontainer provided by the board of elections, ascertaining that each\nballot is single, and shall compare the number of ballots found in such\nbox or container with the remainder number of ballots, as determined\npursuant to section 9-106 of this title.\n 2. If the ballots found in any box shall be more than the number of\nballots so shown to have been deposited therein, such ballots shall all\nbe replaced, without being unfolded, in the box from which they were\ntaken, and shall be thoroughly mingled therein, and one of the\ninspectors shall, with his or her back to the box, publicly draw out as\nmany ballots as shall be equal to such excess and, without unfolding\nthem forthwith shall enclose them in an envelope which he or she shall\nthen and there seal and endorse "excess ballots for the general\nelection, presidential electors, or party ballots or otherwise", as the\ncase may be, and shall sign his or her name thereto, and place such\nenvelope in the box for defective or spoiled ballots.\n 3. If two or more ballots shall be found in a ballot box so folded\ntogether as to present the appearance of a single ballot, and if the\nwhole number of ballots in such box exceeds the whole number of ballots\nso shown to have been deposited therein, those ballots, or enough of\nthem to reduce the ballots to the proper number, selected without\nexamination of any voting mark thereon, shall be similarly removed as\nexcess ballots.\n 4. If, however, there lawfully be more than one ballot box for the\nreception of ballots, no ballot found in the wrong ballot box shall for\nthat reason be rejected, but it shall be placed in its proper box by the\ninspectors upon the count of the ballots before the canvass, and counted\nin the same manner as if it was found in the proper ballot box, if such\nballot shall not, together with the ballots found in the proper ballot\nbox, make a total of more ballots than are shown to have been deposited\nin such box.\n 5. No ballot that is not an official ballot prepared for the election\nshall be counted except for those ballots voted in accordance with the\nprovisions for emergency ballots.\n
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