§ 9-108. Canvass; ballots, verifying number cast. 1. For all election
day paper ballots cast when a ballot scanner is not available, ballots
abandoned by a voter at the ballot scanner, as defined in 9 NYCRR
6210.13(a)(11)(a) or ballots submitted by the voter which are otherwise
non-machine processable, as defined in 9 NYCRR 6210.13(a)(8), the board
of inspectors, at the beginning of the canvass, shall count the number
of unscanned ballots found in each emergency box or other secure storage
container provided by the board of elections, ascertaining that each
ballot is single, and shall compare the number of ballots found in such
box or container with the remainder number of ballots, as determined
pursuant to section 9-106 of this title.

2. If the ballots found in any box shall be more than the number of
ballots so shown to have been deposited therein, such ballots shall all
be replaced, without being unfolded, in the box from which they were
taken, and shall be thoroughly mingled therein, and one of the
inspectors shall, with his or her back to the box, publicly draw out as
many ballots as shall be equal to such excess and, without unfolding
them forthwith shall enclose them in an envelope which he or she shall
then and there seal and endorse "excess ballots for the general
election, presidential electors, or party ballots or otherwise", as the
case may be, and shall sign his or her name thereto, and place such
envelope in the box for defective or spoiled ballots.

3. If two or more ballots shall be found in a ballot box so folded
together as to present the appearance of a single ballot, and if the
whole number of ballots in such box exceeds the whole number of ballots
so shown to have been deposited therein, those ballots, or enough of
them to reduce the ballots to the proper number, selected without
examination of any voting mark thereon, shall be similarly removed as
excess ballots.

4. If, however, there lawfully be more than one ballot box for the
reception of ballots, no ballot found in the wrong ballot box shall for
that reason be rejected, but it shall be placed in its proper box by the
inspectors upon the count of the ballots before the canvass, and counted
in the same manner as if it was found in the proper ballot box, if such
ballot shall not, together with the ballots found in the proper ballot
box, make a total of more ballots than are shown to have been deposited
in such box.

5. No ballot that is not an official ballot prepared for the election
shall be counted except for those ballots voted in accordance with the
provisions for emergency ballots.