Improves transparency regarding boards of elections; improves voter centricity; includes boards of elections in open meetings requirements; requires certain notices be given regarding elections; requires additional transparency during the tabulation of votes.
STATE OF NEW YORK
________________________________________________________________________
6226
2025-2026 Regular Sessions
IN ASSEMBLY
February 27, 2025
___________
Introduced by M. of A. R. CARROLL -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to improving transparency
regarding boards of elections and improving voter centricity
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 3-227
2 to read as follows:
3 § 3-227. Open meetings. Boards of elections shall be deemed public
4 bodies for the purposes of article seven of the public officers law, and
5 meetings of commissioners of boards of elections shall be subject to
6 open meetings requirements of such article.
7 § 2. Subdivision 2 of section 4-104 of the election law is amended and
8 a new subdivision 1-d is added to read as follows:
9 1-d. Any determinations regarding the designation of poll sites shall
10 be proposed publicly at least thirty days prior to an election, and an
11 opportunity shall be given for the public to comment. Such comments
12 shall be purely advisory. The board of elections shall have the authori-
13 ty to make changes to poll sites at any time without public comment if
14 deemed necessary, so long as five days' notice is provided, pursuant to
15 subdivision two of this section.
16 2. If the board of elections, after designating a polling place, and
17 after sending written notice of such polling place to each registered
18 voter, designates an alternative polling place, it must, at least five
19 days before the next election or day for registration, send by mail a
20 written notice to each registered voter notifying [him] such voter of
21 the changed location of such polling place. If such notice is not possi-
22 ble the board of elections must provide for an alternative form of
23 notice to be given to voters at the location of the previous polling
24 place. The board of elections shall also provide such notice by elec-
25 tronic mail and text message if such contact information is available.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08242-01-5
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1 § 3. Section 4-118 of the election law is amended by adding a new
2 subdivision 3 to read as follows:
3 3. At least thirty days prior to a primary election, each county board
4 of elections shall publish a notice specifying: (a) the day of such
5 primary election; (b) the hours during which such primary election will
6 be held; (c) the public offices for which nominations are to be made and
7 the party positions which are to be filled at such primary elections;
8 (d) the registration deadline; (e) the mail ballot request deadline; (f)
9 the mail ballot postmark deadline; (g) dates and times of early voting;
10 (h) a mechanism by which voters can find their polling places, including
11 information on the accessibility of such polling places; and (i) sample
12 ballots for each polling place. Such publication shall be published
13 prominently on the county board of elections website and social media
14 channels and shall remain prominently displayed until the conclusion of
15 the primary election. Such notices shall be available in all major
16 languages spoken within the county. At least twenty-five days prior to a
17 primary election, and consistently through the date of the primary
18 election, the state board of elections shall use its website and social
19 media channels to notify voters of such election and direct voters to
20 information contained in the relevant county board's online notice
21 pursuant to this subdivision.
22 § 4. Section 4-119 of the election law is amended by adding a new
23 subdivision 3 to read as follows:
24 3. Every board or body authorized to designate places for registration
25 shall consistently have voter registration instructions prominently
26 displayed on its website.
27 § 5. Subdivision 1 of section 4-120 of the election law, as amended by
28 chapter 413 of the laws of 2019, is amended to read as follows:
29 1. The board of elections shall publish once in each of the two weeks
30 preceding a general election, or a special or village election conducted
31 by the board of elections, a notice specifying the day of the election,
32 and the public officers to be voted for within such county, or any part
33 thereof at such election. The board of elections shall, as soon as prac-
34 ticable, but not less than [two weeks] thirty days prior to any general,
35 special, or village election, and consistently through the date of such
36 election, prominently display on its website and social media channels
37 the date and hours of the election, the offices to be voted on in the
38 county, part of a county, or the city of New York, [and a link to any
39 poll site information or poll location tools, where available] the
40 registration deadline, the mail ballot request deadline, the mail ballot
41 postmark deadline, dates and times of early voting, and a mechanism by
42 which voters can find their polling places, including information on the
43 accessibility of such polling places, and sample ballots. Such notice
44 shall appear in all major languages spoken in the jurisdiction of such
45 election. Such information shall also be made available to local govern-
46 ments, municipalities, and community boards for publication on any publ-
47 ic-facing internet website, web application, web domain or digital
48 application, including a social network or search engine, to the extent
49 that such publication is practicable. If constitutional amendments, or
50 questions are to be submitted to the voters of the state, the notice,
51 including any online notice, shall state that fact and that a copy of
52 each such amendment or question may be obtained at the board of
53 elections, by any voter. Such publication shall [be in] include, but not
54 be limited to, two newspapers published within the county. If the county
55 contains a city or cities, at least one of such newspapers shall be
56 published in the city, or the largest city, if there be more than one.
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1 In the case of a village election, such publication shall be made in a
2 newspaper of general circulation in such village and shall include an
3 abstract of any proposition to be voted upon at such election.
4 At least twenty-five days prior to a general, special, or village
5 election, and consistently through the date of such election, the state
6 board of elections shall use its website and social media channels to
7 notify voters of such election and direct voters to information
8 contained in the relevant county board's online notice pursuant to this
9 subdivision.
10 § 6. Subdivision c of section 4-132 of the election law, as amended by
11 section 3 of part XX of chapter 55 of the laws of 2019, is amended to
12 read as follows:
13 c. A booth or device in each election district for the use of voters
14 marking ballots. Such booth or device shall be so constructed as to
15 permit the voter to mark [his or her] their ballot in secrecy and shall
16 be furnished at all times with [an appropriate marking device] a pencil
17 having black graphite or a pen having black or blue ink. Ballot marking
18 devices shall be maintained and serviced prior to each election. Paper-
19 work shall be created and signed by the commissioners that each ballot
20 marking device that is intended to be put into use in the upcoming
21 election has been serviced and is in good working condition.
22 § 7. Section 7-118 of the election law is amended by adding a new
23 subdivision 5 to read as follows:
24 5. Any determinations regarding the form and content of ballots and
25 ballot envelopes, including but not limited to the determination of
26 candidates and questions to appear on the ballot pursuant to section
27 4-114 of this chapter and the certification of ballots pursuant to this
28 title or any other relevant provision of this chapter, shall be proposed
29 publicly at least thirty days prior to adoption, and an opportunity
30 shall be given for the public to comment on the form and content of the
31 ballots. Such comments shall be purely advisory.
32 § 8. The election law is amended by adding a new section 8-107 to read
33 as follows:
34 § 8-107. Choice of polling place. Any voter registered to vote in any
35 election district within a county shall be entitled to vote at any poll-
36 ing place within that county. Each board of elections shall ensure that
37 each polling place within its jurisdiction shall have sufficient ballots
38 for each election district to facilitate this section. The state board
39 of elections shall promulgate regulations to ensure that auditing of
40 votes shall remain simple, accurate, affordable, and secure, including
41 by requiring marks on ballots to determine the relevant election
42 district so ballots can be quickly and easily sorted by election
43 district. Nothing in this section shall be read to permit a board of
44 elections to reduce the number of polling places below existing require-
45 ments.
46 § 9. Subdivision 3 of section 8-600 of the election law, as added by
47 chapter 6 of the laws of 2019, is amended to read as follows:
48 3. Any voter may vote at any polling place for early voting estab-
49 lished pursuant to subdivision two of this section in the county where
50 such voter is registered to vote[; provided, however, if it is impracti-
51 cal to provide each polling place for early voting all of the election
52 district ballots or if early voting at any such polling place makes
53 ensuring that no voter has not previously voted early during such
54 election, the board of elections may assign election districts to a
55 particular early voting poll site]. All voters in each county shall have
56 one or more polling places at which they are eligible to vote throughout
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1 the early voting period on a substantially equal basis. [If the board of
2 elections does not agree by majority vote to plan to assign election
3 districts to early voting poll sites, all voters in the county must be
4 able to vote at any poll site for early voting in the county.]
5 § 10. Subdivision 1 of section 5-206 of the election law, as amended
6 by chapter 263 of the laws of 1991, is amended to read as follows:
7 1. Each political party or independent body duly nominating or enti-
8 tled to nominate candidates for offices to be filled at the election
9 may, by a writing signed by the duly authorized [chairman] chair or
10 secretary of the county, city, town or village committee of such poli-
11 tical party or independent body, and delivered to and filed with one of
12 the inspectors of election, appoint not more than two watchers to attend
13 any meeting or meetings of the inspectors for an election district held
14 for the registration of voters thereof. Additionally, the committee on
15 open government may, by a writing signed by a designee of the committee,
16 and delivered to and filed with one of the inspectors of election,
17 appoint as many watchers as the committee deems appropriate. Any resi-
18 dent of New York state may apply to be a watcher, and the committee
19 shall appoint all qualified applicants subject to limits in quantity
20 that they shall deem reasonable. If more qualified individuals apply
21 than the committee deems able to serve as watchers without creating a
22 disruption to the process, the committee shall select the most qualified
23 applicants to serve as watchers. Partisan affiliation, or lack thereof,
24 shall not be a valid criterion to determine qualification or lack there-
25 of.
26 § 11. Subdivision 9 of section 5-210 of the election law, as amended
27 by chapter 481 of the laws of 2023, is amended to read as follows:
28 9. The county board of elections shall, as soon as practicable and in
29 any event, not later than seven days after receipt by it of the applica-
30 tion, verify the identity of the applicant. In order to do so, the coun-
31 ty board of elections shall utilize the information provided in the
32 application and shall attempt to verify such information with the infor-
33 mation provided by the department of motor vehicles, social security
34 administration and any other lawful available information source. If the
35 county board of elections is unable to verify the identity of the appli-
36 cant within seven days of the receipt of the application, it shall imme-
37 diately take steps to confirm that the information provided by the
38 applicant was accurately utilized by such county board of elections, was
39 accurately verified with other information sources and that no data
40 entry error, or other similar type of error, occurred. Following
41 completion of the preceding steps, the county board of elections shall
42 mail (a) a notice of its approval, (b) a notice of its approval which
43 includes an indication that such board has not yet been able to verify
44 the identity of the applicant and a request for more information so that
45 such verification may be completed, or (c) a notice of its rejection of
46 the application to the applicant in a form approved by the state board
47 of elections. Notices of approval, notices of approval with requests for
48 more information or notices of rejection shall be sent by nonforwardable
49 first class or return postage guaranteed mail on which is endorsed such
50 language designated by the state board of elections to ensure postal
51 authorities do not forward such mail but return it to the board of
52 elections with forwarding information, when it cannot be delivered as
53 addressed and which contains a request that any such mail received for
54 persons not residing at the address be dropped back in the mail. The
55 voter's registration and enrollment shall be complete upon receipt of
56 the application by the appropriate county board of elections. The fail-
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1 ure of a county board of elections to verify an applicant's identity
2 shall not be the basis for the rejection of a voter's application,
3 provided, however, that such verification failure shall be the basis for
4 requiring county board of elections to take the additional verification
5 steps provided by this chapter. The notice shall also advise the regis-
6 trant of the date when their registration and enrollment is effective,
7 of the date and the hours of the next regularly scheduled primary or
8 general election in which such registrant will be eligible to vote, of
9 the location of the polling [place] places of the election district and
10 county in which such registrant is or will be a qualified voter, whether
11 such polling [place is] places are accessible to physically handicapped
12 voters, an indication that any registered voter may vote early by mail
13 and information on how to obtain an early mail ballot, that physically
14 handicapped voters or voters who are ill or voters who will be out of
15 the city or county on the day of the primary or general election, may
16 obtain an absentee ballot and the phone number to call for absentee
17 ballot applications, the phone numbers to call for location of polling
18 places, to obtain registration forms and the phone number to call to
19 indicate that the voter is willing to serve on election day as an
20 inspector, poll clerk or interpreter. The notice of approval, notice of
21 approval with request for more information or notice of rejection shall
22 also advise the applicant to notify the board of elections if there is
23 any inaccuracy. The form of such mail notification shall be prescribed
24 by the state board of elections and shall contain such other information
25 and instructions as it may reasonably require to carry out the purposes
26 of this section. The request for more information shall inform the voter
27 that "THE FAILURE TO CONTACT THE BOARD OF ELECTIONS AND CORRECT ANY
28 INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMA-
29 TION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO
30 CAST A VOTE ON A VOTING MACHINE." If such notice is returned undelivered
31 without a new address, the board shall forthwith send such applicant a
32 confirmation notice pursuant to the provisions of section 5-712 of this
33 article and place such applicant in inactive status. The state board of
34 elections shall prepare uniform notices by this section as provided for
35 in subdivision eight of section 3-102 of this chapter.
36 § 12. Subdivision 1 of section 5-226 of the election law is amended to
37 read as follows:
38 1. If any voter has been registered in a wrong election district, the
39 board of elections shall, if [he] such voter is a qualified voter in any
40 election district within the jurisdiction of such board, change [his]
41 such voter's registration to the correct election district. The board of
42 elections shall thereupon give immediate notice by mail to such voter
43 that [his] such voter's registration has been corrected, and also the
44 location of the polling [place] places of the election district in which
45 [he] such voter is a qualified voter.
46 § 13. Subdivision 1 of section 5-500 of the election law, as amended
47 by chapter 373 of the laws of 1978, is amended to read as follows:
48 1. There shall be two records of the registration of each voter.
49 Except as otherwise provided in this chapter, one record shall be sent,
50 at the time of every election, to the polling [place] places where the
51 voter is entitled to vote, and shall be known as the "registration poll
52 record". Between elections it shall be kept in the main office or a
53 branch office of the board of elections. The other record shall be kept
54 constantly in such main office or branch office and shall be known as
55 the "central file registration record". The two types of records shall
56 be prepared in different colors.
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1 § 14. Subdivision 1 of section 5-601 of the election law, as amended
2 by chapter 599 of the laws of 1991, is amended to read as follows:
3 1. [A physically disabled voter whose polling place is located in a
4 building that is not accessible shall be entitled to vote in any other
5 election district whose polling place is located in a building which is
6 accessible, provided that the candidates and ballot proposals on the
7 ballot in such other election district are the same as those on the
8 ballot in the election district in which such voter resides.] Each coun-
9 ty is required to provide accessible polling places.
10 § 15. Subdivision 26 of section 7-104 of the election law, as added by
11 chapter 411 of the laws of 2019, is amended to read as follows:
12 26. All paper ballots of the same kind for the same [polling place]
13 election district shall be identical. Each voter is entitled to the use
14 of an individual, durable, voter-verifiable paper ballot of the voter's
15 vote that shall be privately and independently marked in the polling
16 place and made available for private and independent inspection and
17 verification by the voter before the voter's vote is cast and counted,
18 and provide for the voter's ability to privately and independently
19 change such votes or correct any error before the ballot is cast and
20 counted. For purposes of this subdivision, the term "individual,
21 voter-verifiable paper ballot" means either: (a) a paper ballot marked
22 by the voter by hand; or (b) a paper ballot marked through the use of a
23 nontabulating ballot marking device or system, provided that voters
24 shall have both options available in every polling place, and further
25 provided that machines purchased prior to the effective date of this
26 section may continue to be used.
27 § 16. Subdivision 3 of section 7-106 of the election law, as amended
28 by chapter 411 of the laws of 2019, is amended to read as follows:
29 3. All paper ballots of the same kind for the same [polling place]
30 election district shall be identical.
31 § 17. Subdivision 6 of section 7-122 of the election law, as amended
32 by chapter 411 of the laws of 2019, is amended to read as follows:
33 6. On the reverse side of such inner affirmation envelope shall be
34 printed the following statement:
35 AFFIRMATION
36 I do declare that I am a citizen of the United States, that I am duly
37 registered in the election district shown on the reverse side of this
38 envelope and I am qualified to vote in such district; that I will be
39 unable to appear personally on the day of the election for which this
40 ballot is voted at [the] a polling place [of the election district] in
41 which I am a qualified voter because of the reason given on my applica-
42 tion heretofore submitted; that I have not qualified nor do I intend to
43 vote elsewhere, that I have not committed any act nor am I under any
44 impediment which denies me the right to vote.
45 I hereby declare that the foregoing is a true statement to the best of
46 my knowledge and belief, and I understand that if I make any material
47 false statement in the foregoing statement of absentee voter, I shall be
48 guilty of a misdemeanor.
49 Date.................20..... .....................................
50 Signature or mark of voter
51 .....................................
52 Signature of Witness (required only
53 if voter does not sign [his or her] their own
54 name)
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1 .....................................
2 Address of Witness
3 § 18. Subdivision 3 of section 8-100 of the election law is amended to
4 read as follows:
5 3. In any election district in which a primary of any party is uncon-
6 tested, no primary of such party shall be held. In any election district
7 in which the primaries of all parties are uncontested on the day of any
8 primary election, no primaries shall be held on such day [and the poll-
9 ing place shall not be opened for voting].
10 § 19. Paragraph (i) of subdivision 1 of section 8-102 of the election
11 law, as amended by chapter 164 of the laws of 2010, is amended to read
12 as follows:
13 (i) Inspect and test the ballot scanner and ballot marking device to
14 see that [it is] they are in good working order. If the ballot marking
15 device is a tabulating machine, the tabulating function shall be tested.
16 Inspect the placement of privacy booths to preserve the secrecy of
17 voting; inspect the screen of the ballot scanner and ballot marking
18 device; inspect the polling place to make certain there is no way that
19 anyone can view any voting action by a voter at the ballot scanner,
20 ballot marking device, or in a privacy booth; and affix a conspicuous
21 notice, in the form prescribed by the state board of elections, in a
22 prominent place near the ballot scanner and in the privacy booth,
23 instructing the voter on how to properly mark a ballot in order to have
24 [his or her] such voter's vote counted. Such notice shall be printed in
25 English and such other languages as the board of elections may determine
26 to be appropriate.
27 § 20. Subdivision 14 of section 8-407 of the election law, as added by
28 chapter 296 of the laws of 1988, is amended to read as follows:
29 14. Any person, political committee or independent body entitled to
30 appoint watchers for the election district in which any such facility is
31 located at the election for which such absentee ballots are cast, shall
32 be entitled to appoint a watcher to attend such board of inspectors at
33 such facility. The committee on open government shall appoint any quali-
34 fied individual who has applied to be a watcher at such facility subject
35 to logistical limits of space and expediency.
36 § 21. Paragraph (g) of subdivision 3 of section 8-414 of the election
37 law, as added by chapter 727 of the laws of 2021, is amended to read as
38 follows:
39 (g) counted or rejected such voter's completed absentee ballot and, if
40 rejected, a brief statement of the reason for rejection and instructions
41 on how to cure pursuant to subdivision three of section 9-209 of this
42 chapter.
43 § 22. Subdivisions 1 and 2 of section 8-500 of the election law, as
44 amended by chapter 418 of the laws of 2019, are amended to read as
45 follows:
46 1. At any general, special, town or village election, any party
47 committee, any independent body whose candidates are upon the ballot,
48 and any political committee supporting or opposing a ballot proposal may
49 have for each [election district three] polling place four watchers at
50 any one time, not more than one of whom may be within the guard rail at
51 any one time. Watchers shall be appointed by the chair or other officer
52 of any such party committee, independent body or political committee.
53 Additionally, the committee on open government shall appoint all quali-
54 fied applicants to serve as watchers at any polling place for which they
55 apply, subject to limits in quantity that the committee shall deem
A. 6226 8
1 reasonable. If more qualified individuals apply than the committee deems
2 able to serve as watchers without creating a disruption to the process,
3 the committee shall select the most qualified applicants to serve as
4 watchers. Partisan affiliation, or lack thereof, shall not be a valid
5 criterion to determine qualification or lack thereof.
6 2. At any primary election, any party committee and any candidate on
7 the ballot may have for each [election district three] polling place
8 four watchers at any one time, not more than one of whom may be within
9 the guard rail at any one time. Watchers shall be appointed by the chair
10 or other officer of any such party committee or by any candidate. Addi-
11 tionally, the committee on open government shall appoint all qualified
12 applicants to serve as watchers at any polling place for which they
13 apply, subject to limits in quantity that the committee shall deem
14 reasonable. If more qualified individuals apply than the committee deems
15 able to serve as watchers without creating a disruption to the process,
16 the committee shall select the most qualified applicants to serve as
17 watchers. Partisan affiliation, or lack thereof, shall not be a valid
18 criterion to determine qualification or lack thereof.
19 § 23. Subdivision 1 of section 9-102 of the election law, as amended
20 by chapter 437 of the laws of 2019, is amended to read as follows:
21 1. As soon as the polls of the election are closed, the inspectors of
22 election thereat shall, in the order set forth herein: (a) place an
23 inspector at the ballot scanner to prevent further voting; (b) reconcile
24 the paper ballots pursuant to section 9-106 of this title; (c) remove
25 surplus ballots, if any, pursuant to section 9-108 of this title; (d)
26 scan the ballots contained in the emergency box or other secure storage
27 container pursuant to section 9-110 of this title; (e) hand count and
28 secure ballots that cannot be scanned pursuant to section 9-110 of this
29 title; (f) initiate the ballot scanner, close the poll mechanism, print
30 the tabulated results tape, [and] post the results tape [or] publicly,
31 outside the guard rail where any member of the public can view, photo-
32 graph, and video it, and announce its contents [or both]; (g) remove one
33 of the portable memory devices from the ballot scanner for the purpose
34 of reporting the unofficial tally of election results pursuant to
35 section 9-126 of this title; (h) post or announce the results of any
36 hand counts and sign the return of canvass pursuant to subdivisions 2
37 and 3 of this section; (i) close, lock and seal the machine; and (j)
38 sign the close of poll certificate, as provided by the board of
39 elections.
40 § 24. Paragraphs (a) and (b) of subdivision 2 of section 9-102 of the
41 election law, as amended by chapter 437 of the laws of 2019, are amended
42 to read as follows:
43 (a) The inspectors shall canvass the ballot scanner tabulated results
44 by printing the results tape in the presence of the watchers and all
45 other persons who may be lawfully within the polling place, giving full
46 view of the tabulated results tape numbers, and printing extra copies
47 thereof for each person present who requests a copy. An inspector shall,
48 under the scrutiny of an inspector of a different political party,
49 [either] both post the results tape [or] publicly, outside the guard
50 rail where any member of the public can view, photograph and video it
51 and read and announce in the order of the offices as their titles are
52 arranged on the tabulated results tape, in distinct tones the public
53 office or party position, candidate name, political party and the
54 results as shown on the tabulated results tape and then shall announce
55 the number of write-in votes recorded for each office. The inspectors
A. 6226 9
1 shall also in the same manner post [or] and announce the results for
2 each ballot proposal.
3 (b) The results on the tabulated results tape shall be entered on or
4 the tabulated results tape (representing the aggregate results of votes
5 cast on the ballot scanner or the results by election district as appli-
6 cable) shall be affixed to the return of canvass for that ballot scanner
7 or election district pursuant to section 9-120 of this title by an
8 inspector under the scrutiny of an inspector of a different political
9 party, in the space indicated. If any election day paper ballots were
10 hand counted pursuant to this section and subdivision two of section
11 9-110 of this title, an inspector shall, under the scrutiny of an
12 inspector of a different political party, [either] both post [or]
13 publicly, outside the guard rail where any member of the public can
14 view, photograph and video it and read and announce the results of such
15 hand count. The tally sheet of any such hand counting shall be signed by
16 the inspectors conducting same and affixed to or recorded on the return
17 of canvass. The return of canvass and tabulated results tape shall be
18 signed by two inspectors of each major political party.
19 § 25. Paragraph (a) of subdivision 3 of section 9-102 of the election
20 law, as amended by chapter 437 of the laws of 2019, is amended to read
21 as follows:
22 (a) During the canvass time any candidate or duly accredited watcher
23 who may desire to be present shall be admitted to the polling place.
24 Such candidate or duly accredited watcher shall be given a copy of the
25 poll tapes as long as such copies are able to be produced by the machine
26 and written requests of such copies are presented to the local board of
27 elections, in advance in writing, or in person to the inspector, either
28 verbally or in writing, at least half an hour prior to the closing of
29 the polls. During the proclamation of the result, ample opportunity
30 shall be given to any person lawfully present to compare the results so
31 posted or announced with the sum of the votes appearing on the tabulated
32 results tape and any hand counted election day ballots, if any, and any
33 necessary corrections shall then and there be made on the return of
34 canvass by the inspectors. Thereafter, the voting machine shall be
35 closed and locked. The first copy of the results tape for each voting
36 machine [should] shall be posted publicly outside the guard rail where
37 any member of the public can view, photograph and video it on the wall
38 of the polling place forthwith; provided, however, that if only one copy
39 of such results tape can be printed by any such machine at any election,
40 such copy shall be used in preparation of the returns of canvass
41 required by this title and any member of the public who is present and
42 wishes to may view, photograph and video it. Any poll watcher who has
43 requested access shall be permitted to view the number of voters who
44 have signed in at each table, the summary report of voters who have
45 signed in, the public and protective counter numbers for each scanner,
46 as well as verify that the electronic poll book router is working
47 correctly. Poll watchers may also confirm that the ballot-marking device
48 was working correctly and that access compliant with the Americans with
49 Disabilities Act of 1990 to the polling location is available.
50 § 26. Subdivision 5 of section 9-102 of the election law, as amended
51 by chapter 437 of the laws of 2019, is amended to read as follows:
52 5. The inspector or other courier assigned by the board filing the
53 returns shall deliver to the board or officer from whom received, the
54 keys of the voting machine, enclosed in a sealed envelope having
55 indorsed thereon a certificate of the inspectors stating the number of
56 the machine, the election district(s), ward(s) or assembly district(s)
A. 6226 10
1 where it has been used, the number on the seal and the number on the
2 protective counter. In the city of New York, at least two police offi-
3 cers or peace officers designated by the police commissioner of such
4 city shall provide such delivery of the devices.
5 § 27. Subdivision 2 of section 9-124 of the election law, as amended
6 by chapter 437 of the laws of 2019, is amended to read as follows:
7 2. Each box, envelope, or container containing the ballots and stubs,
8 if any, and all items described in subdivision one of this section shall
9 be deposited by [an inspector] at least two inspectors designated for
10 that purpose with the [officer or board] officers from whom or which the
11 board of inspectors received it. In the city of New York, every such
12 box, envelope, or container shall be delivered at the polling place to
13 at least two police or peace officers designated by the police commis-
14 sioner of such city, who shall deposit them with the board of elections.
15 § 28. Paragraphs (b) and (c) of subdivision 3 of section 9-124 of the
16 election law, as amended by chapter 481 of the laws of 2023, are amended
17 to read as follows:
18 (b) Records and supplies to be filed with a city, town or village
19 clerk shall be so filed or delivered immediately after the completion of
20 the returns of the canvass, by [an inspector] at least two inspectors
21 designated by the board of inspectors. Returns, papers and registration
22 poll records or computer generated registration lists to be filed with
23 the board of elections shall be so filed by the [chairman] chair of the
24 board of inspectors and at least one inspector of a different party
25 within twenty-four hours after the completion of such returns. [The
26 person] At least two people receiving such returns in the board of
27 elections shall give to the [person] people delivering the returns a
28 receipt stating therein the date and hour of delivery, the name of the
29 person making the delivery, and to whom said returns were delivered and
30 shall keep a duplicate of said receipt on file in the office of the
31 board of elections. Election returns shall always be under the super-
32 vision of at least two people at all times, or shall be in a locked,
33 unoccupied area under video surveillance.
34 (c) In the city of New York, the board of inspectors shall deliver to
35 at least two police or peace officers designated by the police commis-
36 sioner of such city, at the polling place the registration poll records
37 or computer generated registration lists, challenge report, records,
38 keys, other election supplies, including two copies of the returns of
39 the canvass and any early mail, absentee, military, special federal, or
40 special presidential ballots which may have been delivered to the poll
41 site during election day, voted ballots, stubs, open packages of unused
42 ballots and ballot envelopes. Such police or peace officers shall file
43 the returns, the package of void and protested ballots, if any, and the
44 early mail, absentee, military, special federal, or special presidential
45 ballots which may have been delivered to the poll site during election
46 day; and emergency ballots, stubs and ballot envelopes, if any, [within
47 twenty-four hours] immediately after the close of the polls, in the
48 office of the board of elections or its branch office within the
49 borough, as the case may be. Such returns and other election documents
50 shall be delivered into the custody of at least two election officials,
51 who after receiving such returns shall give the persons delivering the
52 returns a receipt stating therein the date and hour of delivery, the
53 name of the persons making the delivery, and to whom said returns were
54 delivered and shall keep a duplicate of said receipt on file in the
55 office of the board of elections.
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1 § 29. Subdivision 1 of section 9-126 of the election law, as amended
2 by chapter 334 of the laws of 2013, is amended to read as follows:
3 1. In an election district of the county of Nassau, the chair of the
4 board of inspectors, upon the completion of the return of canvass, and
5 the announcement thereof in a primary or general election, shall deliver
6 to [the] at least two police [officer] officers on duty at the polling
7 place a statement signed by the board of inspectors stating the number
8 of votes received by each person voted for and the number of votes cast
9 for and the number of votes cast against each ballot proposal. Such
10 [officer] officers forthwith shall convey the statement to the station-
11 house of the police precinct in which such place of canvass is located,
12 and shall deliver it inviolate to the officer in command thereof, who in
13 the presence of such officers shall immediately transmit by telegraph,
14 telephone or messenger, the contents of such statement to the officer
15 commanding the police department of such county who, in the presence of
16 such officers, shall immediately make the contents of such statement
17 available for the press. The chair of the board of inspectors in each
18 election district of such county shall make two copies of the statement
19 hereinbefore provided for, which shall be taken to the police station,
20 whence one such copy shall be transmitted without delay to police head-
21 quarters, or such other location as may be designated by the officer
22 commanding the police department, where it shall be made immediately
23 available to the press for purposes of tabulation. The other copy shall
24 be transmitted within twenty-four hours to the board of elections. All
25 statements made pursuant to this section shall be preserved for six
26 months by the police and shall be presumptive evidence of the result of
27 such canvass.
28 § 30. Subdivision 2 of section 9-126 of the election law, as amended
29 by chapter 334 of the laws of 2013, is amended to read as follows:
30 2. (a) Except in the county of Nassau, the chair of the board of
31 inspectors, upon completion of the return of canvass and the announce-
32 ment thereof, in a general or primary election, in the presence of such
33 officers, shall immediately communicate such results by telephone, or
34 delivery, to the board of elections. Such results shall include the
35 number of votes received by each person voted for and the number of
36 votes cast for and against each ballot proposal.
37 (b) The board of elections shall remain open after the close of the
38 polls and shall receive and tabulate the voting results as they are
39 received. The board of elections shall make such unofficial results
40 available to the media and the state board of elections, and shall post
41 running totals in a public place and on the internet as the results
42 become known to it. Such results shall be posted by election district,
43 broken down by category, including early, election day, absentee, mili-
44 tary, overseas, affidavit and write in. Results will be available in
45 spreadsheet format.
46 § 31. Subdivision 3 of section 9-126 of the election law, as amended
47 by chapter 334 of the laws of 2013, is amended to read as follows:
48 3. The results made public pursuant to this section shall be released
49 as the unofficial tally. (a) These results shall be released within
50 twenty-four hours of the close of the polls on election day for all
51 results tabulated before six o'clock a.m. on the day after the election.
52 Results shall be updated no less frequently than once every twenty-four
53 hours for results tabulated during each twenty-four hour period ending
54 at six o'clock a.m. until all results are tabulated.
A. 6226 12
1 (b) Results shall be released on an election district level and shall
2 include results broken down by if the ballot was an election day, early,
3 absentee, military, or provisional ballot.
4 (c) Results shall be available on the board of elections website and
5 shall be able to be downloaded in spreadsheet format.
6 (d) Upon final certification of an election, final results shall be
7 posted in the same manner as other results are posted in accordance with
8 this subdivision.
9 (e) The board of elections shall promulgate regulations to maximize
10 data transparency in reporting of results, while ensuring both data
11 security and the privacy of each voter's votes.
12 § 32. Paragraph (c) of subdivision 8 of section 9-209 of the election
13 law, as added by chapter 763 of the laws of 2021, is amended to read as
14 follows:
15 (c) Each such candidate, political party, government entity, and inde-
16 pendent body shall be entitled to appoint such number of watchers to
17 attend upon each central board of canvassers as the candidate, political
18 party, government entity, or independent body was entitled to appoint at
19 [the] such election in any [election district] one polling place for
20 which the central board of canvassers is designated to act. The commit-
21 tee on open government shall appoint any qualified individual who has
22 applied to be a watcher at such facility subject to logistical limits of
23 space and expediency.
24 § 33. Subdivision 1 of section 9-211 of the election law, as amended
25 by chapter 763 of the laws of 2021, is amended to read as follows:
26 1. Within fifteen days after each general or special election, within
27 thirteen days after every primary election, and within seven days after
28 every village election conducted by the board of elections, the board of
29 elections or a bipartisan committee appointed by such board shall audit
30 the voter verifiable audit records from three percent of voting machines
31 or systems within the jurisdiction of such board. Such audits may be
32 performed manually or via the use of any automated tool authorized for
33 such use by the state board of elections which is independent from the
34 voting system it is being used to audit. Voting machines or systems
35 shall be selected for audit through a random, manual process. At least
36 five days prior to the time fixed for such selection process, the board
37 of elections shall send notice by first class mail to each candidate,
38 political party and independent body entitled to have had watchers pres-
39 ent at the polls in any election district in such board's jurisdiction.
40 Such notice shall state the time and place fixed for such random
41 selection process. The audit shall be conducted in the same manner, to
42 the extent applicable, as a canvass of paper ballots. Each candidate,
43 political party, government entity or independent body entitled to
44 appoint watchers to attend at a polling place shall be entitled to
45 appoint such number of watchers to observe the audit. The committee on
46 open government shall appoint any qualified individual who has applied
47 to be a watcher at such facility subject to logistical limits of space
48 and expediency.
49 § 34. The election law is amended by adding a new section 9-213 to
50 read as follows:
51 § 9-213. Hearings. 1. Within two weeks of a board of elections trans-
52 mitting certified statements from canvassing boards, the board of
53 elections shall hold a public hearing to allow voters and non-voters to
54 give feedback on the election process.
A. 6226 13
1 2. Hearings shall be recorded and open to the public, and they shall
2 be made reasonably accessible for anyone who wishes to participate both
3 in person and virtually.
4 § 35. This act shall take effect on the first of January next succeed-
5 ing the date on which it shall have become a law and shall apply to any
6 general, primary, run-off primary, or special election held thereafter.
7 Effective immediately, the addition, amendment and/or repeal of any rule
8 or regulation necessary for the implementation of this act on its effec-
9 tive date are authorized to be made and completed on or before such
10 effective date.
