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A02092 Summary:

A02092 Actions:

A02092 Committee Votes:

Committee:ELECTION LAW   Chair:Cusick      
DATE:01/30/2017AYE/NAY:16/0  Action: Favorable         
Cusick
Aye
Norris
Aye
Galef
Aye
McKevitt
Aye
Dinowitz
Aye
Lupinacci
Aye
Lentol
Aye
Brabenec
Aye
Lifton
Aye
Kavanagh
Aye
Abinanti
Aye
Buchwald
Aye
Blake
Aye
Walker
Aye
Carroll
Aye
Vanel
Aye

A02092 Floor Votes:

A02092 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2092
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  KAVANAGH,  WALKER, QUART, FAHY, OTIS, SIMON,
          ABINANTI, ROZIC, RYAN, GOTTFRIED, CUSICK, PAULIN,  SKOUFIS  --  Multi-
          Sponsored by -- M. of A. DINOWITZ, THIELE -- read once and referred to
          the Committee on Election Law
 
        AN  ACT  to  amend  the  election  law,  in relation to establishing the
          "Uniform Election Night Procedure Act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Uniform Election Night Procedure Act".
     3    § 2. Section 9-102 of the election law, as amended by chapter  334  of
     4  the laws of 2013, is amended to read as follows:
     5    §  9-102.  Canvass;  general provisions for. 1. [Except in the city of
     6  New York, as] As soon as the polls  of  the  election  are  closed,  the
     7  inspectors  of election thereat shall, in the order set forth herein[;]:
     8  (a) place an inspector at the ballot scanner to prevent further  voting;
     9  (b) reconcile the paper ballots pursuant to section 9-106 of this title;
    10  (c)  remove  surplus  ballots, if any, pursuant to section 9-108 of this
    11  title; (d) scan the ballots contained in  the  emergency  box  or  other
    12  secure  storage  container  pursuant to section 9-110 of this title; (e)
    13  hand count and secure ballots that cannot be scanned pursuant to section
    14  9-110 of this title; (f) initiate the ballot  scanner,  close  the  poll
    15  mechanism,  print  the tabulated results tape, and post the results tape
    16  or announce [the result] its contents or both; (g)  remove  one  of  the
    17  portable  memory  devices  from  the  ballot  scanner for the purpose of
    18  reporting the unofficial tally of election results pursuant  to  section
    19  9-126 of this title; (h) post or announce the results of any hand counts
    20  and  sign the return of canvass pursuant to subdivisions 2 and 3 of this
    21  section; [(g)] (i) close, lock and seal the machine; and [(h)] (j)  sign
    22  the close of poll certificate, as provided by the board of elections.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02943-01-7
        A. 2092                             2
 
     1    [1-a.  In  the  city of New York, as soon as the polls of the election
     2  are closed, the inspectors of election thereat shall, in the  order  set
     3  forth  herein:  (a)  place an inspector at the ballot scanner to prevent
     4  further voting; (b) scan the ballots contained in the emergency  box  or
     5  other  secure storage container pursuant to section 9-110 of this title,
     6  unless it is not possible to determine which such ballots should  be  so
     7  scanned  because  the  accounting and reconciliation required by section
     8  9-106 of this title cannot  be  completed  without  first  printing  the
     9  results  tape;  (c)  initiate  the ballot scanner's close the poll mech-
    10  anism, print the tabulated results tape, and post the  results  tape  or
    11  announce  its  contents  or  both; (d) remove one of the portable memory
    12  devices from the ballot scanner for the purpose of reporting the unoffi-
    13  cial tally of election results pursuant to section 9-126 of this  title;
    14  (e) reconcile the paper ballots pursuant to section 9-106 of this title;
    15  (f) remove surplus ballots, if any, pursuant to this section and section
    16  9-108  of  this  title; (g) hand count and secure ballots that cannot be
    17  scanned pursuant to this section and section 9-110 of  this  title;  (h)
    18  post  or  announce the results of any hand counts and sign the return of
    19  canvass pursuant to subdivisions two and  three  of  this  section;  (i)
    20  close, lock and seal the machine; and (j) sign the close of poll certif-
    21  icate, as provided by the board of elections.]
    22    2.  (a)  The  inspectors  shall  canvass  the ballot scanner tabulated
    23  results by printing the results tape in the presence of the watchers and
    24  all other persons who may be lawfully within the polling  place,  giving
    25  full  view  of  the  tabulated results tape numbers. An inspector shall,
    26  under the scrutiny of an  inspector  of  a  different  political  party,
    27  either  post  the  results tape or read and announce in the order of the
    28  offices as their titles are arranged on the tabulated results  tape,  in
    29  distinct  tones  the  public  office  or party position, candidate name,
    30  political party and the results as shown on the tabulated  results  tape
    31  and  then  shall announce the number of write-in votes recorded for each
    32  office.  The inspectors shall also in the same manner post  or  announce
    33  the results for each ballot proposal.
    34    (b)  The  results on the tabulated results tape shall be entered on or
    35  the tabulated results tape (representing the aggregate results of  votes
    36  cast on the ballot scanner or the results by election district as appli-
    37  cable) shall be affixed to the return of canvass for that ballot scanner
    38  or  election  district  pursuant  to  section  9-120 of this title by an
    39  inspector under the scrutiny of an inspector of  a  different  political
    40  party,  in  the  space indicated. If any election day paper ballots were
    41  hand counted pursuant to this section and  subdivision  two  of  section
    42  9-110  of  this  title,  an  inspector  shall,  under the scrutiny of an
    43  inspector of a different  political  party,  either  post  or  read  and
    44  announce  the  results  of  such hand count. The tally sheet of any such
    45  hand counting shall be signed by  the  inspectors  conducting  same  and
    46  affixed  to  or recorded on the return of canvass. The return of canvass
    47  and tabulated results tape shall be signed by  two  inspectors  of  each
    48  major political party.
    49    (c)  The results tape shall include a certificate which the inspectors
    50  shall sign, stating the number of voters as shown on the public  counter
    51  and the number on the protective counter.
    52    (d)  If the machine is provided with a removable electronic or comput-
    53  erized device which records the total of the votes cast on such  machine
    54  ([such  device,]  for  purposes  of  this  section  a  "portable  memory
    55  device"), such device shall be removed from the machine after copies  of
    56  the  results  tape,  sufficient to meet the requirements of this chapter
        A. 2092                             3
 
     1  and the regulations of the board of elections, have been produced. After
     2  the portable memory device is removed from the machine,  the  inspectors
     3  shall place such device in the secure envelope or other secure container
     4  provided for its return to the board of elections. Such secure container
     5  shall be signed by the inspectors upon the securing of the device there-
     6  in.
     7    3. (a) During the canvass time any candidate or duly accredited watch-
     8  er  who may desire to be present shall be admitted to the polling place.
     9  During the proclamation of the result, ample opportunity shall be  given
    10  to  any  person  lawfully  present  to  compare the results so posted or
    11  announced with the sum of the votes appearing on the  tabulated  results
    12  tape  and  any hand counted election day ballots, if any, and any neces-
    13  sary corrections shall then and there be made on the return  of  canvass
    14  by  the inspectors.   Thereafter, the voting machine shall be closed and
    15  locked. The first copy of the  results  tape  for  each  voting  machine
    16  should  be  posted on the wall of the polling place forthwith; provided,
    17  however, that if only one copy of such results tape can  be  printed  by
    18  any such machine at any election, such copy shall be used in preparation
    19  of the returns of canvass required by this title.
    20    (b)  Election  day  paper  ballots that have not been scanned shall be
    21  canvassed and tallied pursuant to this section and  sections  9-108  and
    22  9-110 of this title.
    23    (c)  At  a primary election, the ballots of the parties represented on
    24  the board of inspectors shall be canvassed before the ballots  of  other
    25  parties are canvassed.
    26    4. All types of ballots, enclosed in properly sealed envelopes respec-
    27  tively, and properly endorsed shall be filed with the original return of
    28  canvass, as provided for in section 9-106 of this title.
    29    5.  The  inspector  or  other courier assigned by the board filing the
    30  returns shall deliver to the board or officer from  whom  received,  the
    31  keys  of  the  voting  machine,  enclosed  in  a  sealed envelope having
    32  indorsed thereon a certificate of the inspectors stating the  number  of
    33  the  machine,  the election district(s), ward(s) or assembly district(s)
    34  where it has been used, the number on the seal and  the  number  on  the
    35  protective  counter.  In  the city of New York, police officers or peace
    36  officers designated by  the  police  commissioner  of  such  city  shall
    37  provide such delivery of the devices.
    38    6.  The  room  in which such canvass is made shall be clearly lighted,
    39  ingress and egress through the main entrance  thereto  shall  be  freely
    40  permitted,  and  such canvass shall be made in plain view of those enti-
    41  tled to be present. The ballots shall at all times be kept on top of the
    42  table and in plain view of all persons entitled to examine  them,  until
    43  they  have  been  re-packaged  and  sealed  for  return  to the board of
    44  elections as elsewhere provided. If requested by any person entitled  to
    45  be  present  the  inspectors  shall,  during the canvass of any ballots,
    46  exhibit to him or her the ballot then being canvassed, fully opened  and
    47  in  such  a  condition  that  he or she may fully and carefully read and
    48  examine it, but no inspector shall allow any ballot to be taken from his
    49  or her hand or to be touched by any person but an inspector.
    50    § 3. Section 9-106 of the election law, as amended by chapter  334  of
    51  the laws of 2013, is amended to read as follows:
    52    § 9-106. Official ballots; accounting for number used. After the polls
    53  of  the election are closed and before any boxes or envelopes containing
    54  voted ballots are opened, the clerks, or if  there  be  no  clerks,  two
    55  inspectors representing different parties designated by the chair, shall
    56  account  for all of the paper ballots furnished to the election district
        A. 2092                             4
 
     1  or poll site.  On  a  reconciliation  form  supplied  by  the  board  of
     2  elections,  they  shall count, verify and record on such form the number
     3  of unused ballots, the number of  ballots  spoiled  before  delivery  to
     4  voters  in  the poll site, the number of ballots spoiled and returned by
     5  voters and the number of affidavit ballots cast. These numbers shall  be
     6  added  to  the  number of ballots cast as recorded by the public counter
     7  number appearing on the ballot scanner screen(s) or results tape(s). The
     8  sum shall be recorded on the ballot reconciliation form. This  resulting
     9  number shall be deducted from the number of ballots originally delivered
    10  to the election district or poll site, and the remainder number shall be
    11  determined  to  be the number of ballots secured in the emergency ballot
    12  box(es) or other secure storage container(s) provided by  the  board  of
    13  elections.  This remainder number shall be recorded on the ballot recon-
    14  ciliation form. If such remainder  number  is  zero  and  there  are  no
    15  ballots   in   the   emergency  ballot  box(es)  or  other  such  secure
    16  container(s), inspectors shall initiate the ballot scanners'  close  the
    17  polls  mechanism  and  produce results tapes[, unless in the city of New
    18  York such scanners' close the polls mechanism has already been initiated
    19  and the results tapes already produced  pursuant  to  paragraph  (c)  of
    20  subdivision one-a of section 9-102 of this title]. The clerks or inspec-
    21  tors shall then separate, label and place each type of ballot in the box
    22  or  container  provided  by the board of elections, and securely lock or
    23  seal each such box or container and  record  such  seal  number  on  the
    24  ballot  reconciliation  form.  They  shall then sign such reconciliation
    25  form. If such remainder number is not zero or there are unscanned  voted
    26  election  day  ballots  in  the  emergency  ballot box(es) or other such
    27  secure container(s), the inspectors or clerks  shall  proceed  with  the
    28  process  provided  for  in  section 9-108 and 9-110 of this title.  Upon
    29  completion of such process, the clerks or inspectors  shall  then  sepa-
    30  rate, label and place each type of ballot in the box(es) or container(s)
    31  provided  by the board of elections, and securely lock or seal each such
    32  box(es) or container(s). They shall then  sign  such  amended  reconcil-
    33  iation form.
    34    §  4.  Section 9-110 of the election law, as amended by chapter 334 of
    35  the laws of 2013, is amended to read as follows:
    36    § 9-110. Canvass; election  day  paper  ballots  that  have  not  been
    37  scanned;  method  of.  1.  Election day paper ballots that have not been
    38  scanned because a ballot scanner was not available or because the ballot
    39  has been abandoned by a voter at the ballot scanner shall  be  canvassed
    40  as follows: a bipartisan team of inspectors shall cast such ballots on a
    41  ballot  scanner,  if  one is available, at the close of the polls before
    42  the tabulated results tape is printed. If a ballot does not scan because
    43  of an overvote or blank ballot warning on the ballot scanner screen, the
    44  inspectors shall cause the ballot scanner to eject  such  ballot  to  be
    45  hand counted pursuant to subdivision two of this section.
    46    2.  Election  day paper ballots that cannot be scanned, as provided in
    47  subdivision one [or one-a] of section 9-102 of this title as  applicable
    48  and  subdivision  one of this section shall be canvassed as follows: The
    49  inspectors shall unfold each ballot of the kind then to be canvassed and
    50  shall place all such ballots upon the table in one pile face  down.  The
    51  chair  shall  take up each ballot in order, turn it face up and announce
    52  loudly and distinctly the vote registered on each section, in the  order
    53  of  the  sections  upon  the  ballot,  or that the ballot is void or the
    54  section blank, as the case may be. If more than  one  person  is  to  be
    55  elected to the same office or party position the chair, if the ballot is
    56  void  or  the  ballot or section is wholly blank, shall announce as many
        A. 2092                             5

     1  void or blank votes as there are persons to be elected to the office  or
     2  party  position.  On  a  primary ballot a "section," as the term is used
     3  above, shall mean the space occupied by the title of an office or  party
     4  position, names of candidates therefor and the voting squares therewith.
     5  The  canvass  of each ballot must be completed before the next ballot is
     6  taken up. When the tallies of the votes of all such ballots are  proven,
     7  and the results announced, the inspectors shall affix tally sheets to or
     8  record the results from same on the return of canvass.
     9    3.  Nothing  in  this  section shall be construed to require or permit
    10  affidavit ballots to be canvassed at the poll site on election day.
    11    § 5. Subdivision 2 of section 9-112 of the election law, as amended by
    12  chapter 334 of the laws of 2013, is amended to read as follows:
    13    2. A cross X mark or a check V mark, made by the voter,  in  a  voting
    14  square at the left of a candidate's name, or the voter's filling in such
    15  voting  square,  [or  punching  a  hole in the voting square of a ballot
    16  intended to be counted by machine,] shall be counted as a vote for  such
    17  candidate.
    18    § 6. Subdivision 1 of section 9-114 of the election law, as amended by
    19  chapter 334 of the laws of 2013, is amended to read as follows:
    20    1.  If  objection  be  made to the counting of any ballot or as to any
    21  section of any such ballot, the board of inspectors shall forthwith  and
    22  before  canvassing  any  other  ballot or section thereof, rule upon the
    23  objection. If the objection be continued after this ruling, the chair or
    24  an inspector under the scrutiny of an inspector of  the  opposite  party
    25  shall  write  in  ink  upon  the  back of the ballot a memorandum of the
    26  ruling and objection. The memorandum of the ruling shall be in the words
    27  "Counted void", or "Counted blank", or "Counted for (naming  the  candi-
    28  date  or  candidates  or the presidential ticket)", or, in the case of a
    29  ballot proposal "Counted for Proposal No.......,"  or  "Counted  against
    30  Proposal  No........",  as  the  case  may  be.  The  memorandum  of the
    31  objection shall be in the words  "Objected  to",  followed  by  a  brief
    32  statement  of  the  nature of the objection, the name and address of the
    33  challenger and the signature of the chair or inspector.
    34    § 7. Section 9-124 of the election law, as amended by chapter  334  of
    35  the laws of 2013, is amended to read as follows:
    36    §  9-124. Returns of canvass, procedure after. 1. After the returns of
    37  the canvass are made out and signed, the inspectors  shall  enclose  the
    38  ballot stubs, protested and void ballots and the ballots cast in affida-
    39  vit envelopes in [a] separate sealed [envelope] envelopes or [envelopes]
    40  containers  and  endorse  thereon  a  certificate signed by each of them
    41  stating the number of the district and the number of  ballots  contained
    42  in  such [envelope] envelopes or [envelopes] containers.  The inspectors
    43  shall enclose the unscanned voted ballots canvassed in  accordance  with
    44  section  9-110  of this title in a separate sealed envelope or container
    45  and endorse thereon a certificate signed by each  of  them  stating  the
    46  number  of  the  district, ballot scanner identification information and
    47  the number of ballots contained in such  envelope  or  container.    The
    48  inspectors shall then package and seal the other voted ballots and place
    49  them  in  one or more boxes or containers, and include within such boxes
    50  or containers one portable memory device from each ballot scanner pursu-
    51  ant to paragraph (d) of subdivision two of section 9-102 of this  title,
    52  and  any  absentee,  military,  special federal, or special presidential
    53  ballots which may have been delivered to the poll site  during  election
    54  day,  and securely lock and seal such boxes or containers. Notwithstand-
    55  ing the preceding sentence, such portable memory device from each ballot
    56  scanner with the corresponding results tape may be enclosed in a  sealed
        A. 2092                             6
 
     1  container  and  transported prior to and separately from other materials
     2  referenced in this section for the  purpose  of  using  such  device  to
     3  provide  an  unofficial tally of results as required by section 9-126 of
     4  this title.
     5    2.  Each box, envelope, or container containing the ballots and stubs,
     6  if any, and all items described in subdivision one of this section shall
     7  be deposited by an inspector designated for that purpose with the  offi-
     8  cer  or board from whom or which the board of inspectors received it. In
     9  the city of New York, every such box, envelope, or  container  shall  be
    10  delivered at the polling place to police or peace officers designated by
    11  the  police  commissioner  of such city, who shall deposit them with the
    12  board of elections.
    13    3. (a) Except in the city of New York, the registration  poll  records
    14  or  computer  generated  registration lists, the returns of canvass with
    15  results tapes and tally sheets, if  any,  annexed,  the  voted  ballots,
    16  stubs,  opened  packages  of  unused  ballots  and ballot envelopes, any
    17  absentee, military, special federal,  or  special  presidential  ballots
    18  which  may have been delivered to the poll site during election day, the
    19  challenge report records, keys and the package  of  protested  and  void
    20  ballots shall be filed with the board of elections.
    21    (b)  Records  and  supplies  to  be filed with a city, town or village
    22  clerk shall be so filed or delivered immediately after the completion of
    23  the returns of the canvass, by an inspector designated by the  board  of
    24  inspectors.  Returns,  papers  and registration poll records or computer
    25  generated registration lists to be filed with  the  board  of  elections
    26  shall  be  so  filed  by  the chairman of the board of inspectors within
    27  twenty-four hours after the  completion  of  such  returns.  The  person
    28  receiving  such  returns  in  the  board  of elections shall give to the
    29  person delivering the returns a receipt stating  therein  the  date  and
    30  hour  of  delivery,  the  name of the person making the delivery, and to
    31  whom said returns were delivered and shall  keep  a  duplicate  of  said
    32  receipt on file in the office of the board of elections.
    33    (c) [The county legislative body of any county in the state except the
    34  counties comprising the city of New York may, by a resolution, ordinance
    35  or  act as required, provide that all returns, papers, registration poll
    36  records or computer generated registration lists, books, records,  docu-
    37  ments,  and  other election supplies and materials shall be filed by the
    38  chairman of the board of inspectors of elections in a city or  town  and
    39  in a village in which elections are conducted by the board of elections,
    40  with  the  city,  town or village clerk of such city, town or village in
    41  the county within eighteen hours after the closing of the polls  at  any
    42  primary,  general,  special  or  village  election and the city, town or
    43  village clerk upon receiving such returns, papers, registers  or  lists,
    44  books,  records,  documents,  and  other election supplies and materials
    45  shall give to the person making the delivery, a receipt stating  therein
    46  the  date  and  hour of the delivery and the name of such person. Within
    47  twenty-four hours after the closing of the polls at any primary,  gener-
    48  al,  special  or village election, the city, town or village clerk shall
    49  file all returns, papers, registration poll records or  computer  gener-
    50  ated  registration  lists,  books, records, documents and other election
    51  supplies and materials filed with him by the inspectors of the  election
    52  districts  of  the city, town or village, with the board of elections of
    53  the county and the board of elections shall give to the  city,  town  or
    54  village  clerk  a  receipt therefor stating therein the date and hour of
    55  the delivery and the name of the person making the delivery and to  whom
        A. 2092                             7

     1  it  was  made, and shall keep a duplicate of said receipt on file in the
     2  office of the board of elections.
     3    (d)] In the city of New York, the board of inspectors shall deliver to
     4  police  or  peace officers designated by the police commissioner of such
     5  city, at the polling place the registration  poll  records  or  computer
     6  generated  registration  lists,  challenge  report, records, keys, other
     7  election supplies, including two copies of the returns  of  the  canvass
     8  and  any  absentee,  military,  special federal, or special presidential
     9  ballots which may have been delivered to the poll site  during  election
    10  day,  voted  ballots,  stubs, open packages of unused ballots and ballot
    11  envelopes. Such police or peace officers shall  file  the  returns,  the
    12  package  of  void and protested ballots, if any, and the absentee, mili-
    13  tary, special federal, special presidential[,] ballots  which  may  have
    14  been  delivered  to  the  poll  site  during election day; and emergency
    15  ballots, stubs and ballot envelopes, if any,  within  twenty-four  hours
    16  after the close of the polls, in the office of the board of elections or
    17  its branch office within the borough, as the case may be.
    18    § 8. This act shall take effect immediately.