Section 53.04 - After The Polls Close(1)Votes Counted Continuously. The tabulation of the votes shall take place in the polling place. The tabulation shall continue without interruption until all the votes are counted and the results are announced.(2)Public May Observe Counting. The general public must be allowed inside the polling place after the polls close. The public must observe from outside the guard rail. Only election officers may touch voting machines. All voting machines must be kept in full view of the public while the counting is going on.(3)Take Count of Voters. The election officer in charge of the voting list shall count audibly and distinctly the number of names checked and shall announce the total number. The clerk shall record the number.(4)Clerk Shall Record Final Ballot Box Register Number in Election Record.(5)Read and Record the Number on the Public Counter. Election officers shall read and record the number on the public counter. The number, less any subtraction for machine failure, shall be recorded on the total precinct tally sheet.(6)Read and Record the Number on the Protective Counter. The election officers shall read off the number on the protective counter. The clerk shall record the final protective counter number on the proper key envelope.(7)Number of Voters Should Equal the Total of the Votes. The total number of voters checked in on the voting list should equal the sum of the number of votes recorded on the voting machine public counters (less any subtraction for machine failure) and the number of absentee ballots cast. The clerk shall note any discrepancies due to machine failure or other circumstances in the clerk's Election Record.(8)Seal Checked Voting Lists in Envelope. After tallying the voting list, an election officer shall place the tallied voting list in the envelope provided for that purpose. Election officers shall seal the envelope. The warden and clerk shall sign the certificate. This envelope shall be kept separate.(9)Open the Voting Machines and Record the Results on Tally Sheets. (a)AVM Printomatic Machines.1.Remove the Printer Pack. The election officers shall remove the printer pack from the machine. They shall tear off the original copy of the printer pack and give it to the clerk. The second copy may be posted for the public to examine.2.Read the Results Out Loud. One election officer shall read the counter results out loud from the printer pack copy. The officer shall read the number and letter of each voter counter and the number of votes recorded.3.Record Numbers on the Total Tally Sheet. As each number of votes is read aloud, it shall be recorded on the total tally sheet, one machine pack at a time, less any subtraction because of an initial non-zero reading under 950 CMR 52.02(15), by an election officer of a different political party than the reader.(b)AVM Non-Printomatic Machines and Shoup Machines. 1.Expose Counters. The election officers shall open the rear of the machine. They shall read all the counters used in that election.2.Two Election Officers Read Totals. Two election officers, one from each party, shall read the votes from the machines. As the officers read the votes aloud, the clerk shall record the votes on the total tally sheet, less anysubtraction because of an initial non-zero reading under 950 CMR 52.02(15). An election officer of the other party may observe the clerk.(c)Direct Electronic Voting Machines.1.Print Results. The election officers shall cause the vote tabulator to print the election results.2.Remove Results Paper Tape. The election officers shall remove the results paper tape from the machine and give it to the clerk.3.Read Results Out Loud. One election officer shall read the results paper tape out loud. The officer shall read the name of the candidate, number of each question, the number of votes recorded, and the number of over votes and under votes for each office.4.Record Numbers on Total Tally Sheet. As each number of votes is read aloud, it shall be recorded on the total tally sheet by an election officer of a different political party from the reader.(10)Read and Record Write-Ins. Election officers shall open the door to the write-in roll. If the signature and date from the morning still show, there are no write-ins. If there are write-in votes, election officers shall cut the paper and then read and record the write-in votes on the total tally sheet. A separate block tally sheet may be used for recording write-in votes and then the totals transferred to the total tally sheet.(11)Total votes. Election officers shall total the machine and write-in votes on the total tally sheet.(12)Candidates Can Check the Votes on the Machines. A candidate for public office whose name appears on the machine or his representative authorized in writing shall be allowed to check the vote count on the machines, or the printer pack or the results paper tape for one hour after the announcement of the vote for that office. (12A)Escrow ballot envelope. Two election officers shall count the number of escrow ballots contained in the escrow ballot envelope, and write this number on the outside of the envelope. They shall not count the votes on any escrow ballots. They shall then seal the escrow ballot envelope.(13)Remove Absentee and Challenged Ballots From Ballot Box. The warden shall unlock the ballot box with the key received from the police officer. The warden shall remove all ballots in the presence of other election officers.(14)Election Officers Shall Separate the Ballots into Blocks of a Convenient Number. In addition, in a primary, election officers shall first divide the ballots by party and then shall separate each party's ballots into a number which is convenient to handle. They shall not open the absentee ballots while separating them.(15)Count by Teams. Two tellers of different parties shall make a team; both shall review each absentee ballot. One person shall read the vote, and the other shall record the tally. Only the teller actually marking the tally sheet shall have any marking device, which must be a red pencil or pen.(16)Blocks of Absentee and Challenged Ballots. Each team shall receive a block of absentee ballots, the corresponding block tally sheet, and a long manila envelope. The block tally sheet and the envelope shall have a block number, and D or R on the front if it is a primary.(17)One Teller Reads Ballots Aloud. Tellers shall count each ballot in its entirety before proceeding to the next ballot. They shall begin with the office at the top of the ballot reading aloud the name of the candidates selected by the voter. They shall continue reading each office aloud in turn. They shall count all offices on one absentee ballot, and then proceed to the next. They shall keep the absentee ballots in the order counted.(18)Acceptable Method of Recording Votes. Tellers shall use red pencil or red pen. A teller shall read absentee ballot #1 and a marker shall record all votes for selected candidates or blanks in column #1. A teller shall read absentee ballot #2 and a marker shall record vote in first vacant consecutive space on the tally sheet for that candidate. Counting shall continue one ballot at a time working to the right using consecutive boxes as selected candidates are called until the entire stack of ballots is completely tallied.(19)Alternate Method of Recording Votes. Tellers shall use red pencil or red pen. The teller may record votes in the space corresponding to the order in which the ballot appears in the block. The teller shall read absentee ballot #1 and the marker shall record all votes for selected candidates or blanks in column #1. Teller shall read absentee ballot #2 and marker shall record all votes for selected candidates or blanks in column #2. Counting shall continue one ballot at a time working to the right using the box corresponding to the order of the ballot within the block.(20)Tally Blank Votes. If a voter does not cast a vote for a candidate, that vote for that office shall be tallied as a blank. If there is more than one position to be filled, there must be a vote tallied for a candidate or for a blank so that the total tally for that office equals the number of positions to be filled. If a vote for an office is spoiled or defective, it too shall be tallied as a blank. Each vote shall be recorded either in a candidate space or in a space for blanks on the tally sheet.(21)Total the Tally Marks for Each Office. The tellers shall record the total number of tally marks in each line for each candidate for each office. They shall total all candidates' votes and blank votes in each office. For example, if one person is to be elected, the sum of the votes for the candidates plus the blanks should equal 50 when counting a block of fifty absentee ballots. When two persons are to be elected to an office then all the votes plus the blanks should equal 100 in blocks of 50 absentee ballots. The last block counted may be incomplete and so may contain fewer votes.(22)Tellers Sign Blocks. After completing and agreeing to the totals, both tellers shall sign their block sheet and block envelope. They shall place the ballots and the tally sheet in the manila ballot envelope and return it to the clerk.(23)Count all Valid Absentee and Challenged Ballots. All ballots shall be counted accurately as marked. A ballot may not be rejected for any technical error if it is possible to determine the voter's choice. All votes shall be counted for the persons for whom they were intended, so far as the intent can be clearly ascertained from the ballots themselves.(24)Invalidating Marks. Electionofficersshall not count a ballot containing any mark clearly designed to let election officers know that a certain person voted in a certain way. If a voter writes his name or marks his absentee ballot with the letters of his name, these are distinguishing marks which identify a voter. The tellers shall count a blank vote for every office and question on such a ballot.(25)Over-Voted Offices. No votes shall be counted for an office when a voter marks more candidates than are to be elected. An over-vote shall be tallied as a blank vote, but the remaining valid votes for other offices on the ballot shall be counted.(26)Write-ins. A write-in or sticker vote shall be counted whenever the intent of the voter can reasonably be determined, whether or not the voter has omitted the address or has made a mistake in the name or address of the candidate. The voter is not required to mark an "X" beside the name.(27)Completing the Tallies. The clerk and warden shall enter the results of each block of absentee ballots on the total tally sheet.(28)Separate Tallies. The challenged and absentee votes shall be recorded separately from the voting machine totals on the tally sheets.(29)Total Results. To get the total results, the clerk shall add the machine totals, which include any write-in votes on the machines, and the absentee and challenged votes. The clerk shall record these totals on the total tally sheet.(30)Warden and Clerk Sign Total Tally Sheet. After all votes have been checked and tallied, the clerk shall write the date, ward and precinct, and city or town on the total tally sheet. The warden and clerk shall then sign the total tally sheet. They shall attach the results paper tape, if any, to the total tally sheet.(31)Place Total Tally Sheet Into Envelope. The warden and clerk shall place the total tally sheet and the results paper tape, if any, in an envelope, seal it and sign the outside of the envelope. This envelope shall be kept separate.(32)The Clerk Shall Complete All Official Records.(33)Close the Machines.(a) Election officers shall close up, lock, and seal the machine.(b) They shall fill out the form on the proper key envelope entering the machine number, precinct number, if any, poll location, new seal number and the number on the protective counter.(c) Election officers shall place machine keys in the envelope, seal the envelope, and place the sealed envelope in the container with the official election material, or in the custody of the warden.(34)Announce Final Returns. (34A)Reporting Results to Central Reporting Service. The clerk may report by telephone the results of final precinct tallies for any presidential preference primary, state primary or general election to a central media reporting service in consideration for a contribution, in an amount approved by the state secretary, to the respective state-wide municipal clerks association to be used for continuing education programs for municipal clerks.(35)Package all Election Materials. Election officers shall place any election materials in the container supplied by the election authority.(36)Election Officers shall not Throw Anything Away.