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A02264 Summary:

A02264 Actions:

A02264 Committee Votes:

Committee:ELECTION LAW   Chair:Lavine      
DATE:03/12/2019AYE/NAY:15/0  Action: Favorable         
Lavine
Aye
Norris
Aye
Galef
Aye
Brabenec
Aye
Dinowitz
Aye
Mikulin
Aye
Lentol
Aye
Tague
Aye
Lifton
Aye
Buchwald
Aye
Blake
Aye
Walker
Absent
Carroll
Aye
Taylor
Aye
Jacobson
Aye
D'Urso
Aye

A02264 Floor Votes:

A02264 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2264
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  M.  of  A. LAVINE, FAHY, ABINANTI, SIMON, ROZIC, CUSICK,
          PAULIN -- 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.
    23    [1-a. In the city of New York, as soon as the polls  of  the  election
    24  are  closed,  the inspectors of election thereat shall, in the order set
    25  forth herein: (a) place an inspector at the ballot  scanner  to  prevent

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02359-01-9
        A. 2264                             2

     1  further  voting;  (b) scan the ballots contained in the emergency box or
     2  other secure storage container pursuant to section 9-110 of this  title,
     3  unless  it  is not possible to determine which such ballots should be so
     4  scanned  because  the  accounting and reconciliation required by section
     5  9-106 of this title cannot  be  completed  without  first  printing  the
     6  results  tape;  (c)  initiate  the ballot scanner's close the poll mech-
     7  anism, print the tabulated results tape, and post the  results  tape  or
     8  announce  its  contents  or  both; (d) remove one of the portable memory
     9  devices from the ballot scanner for the purpose of reporting the unoffi-
    10  cial tally of election results pursuant to section 9-126 of this  title;
    11  (e) reconcile the paper ballots pursuant to section 9-106 of this title;
    12  (f) remove surplus ballots, if any, pursuant to this section and section
    13  9-108  of  this  title; (g) hand count and secure ballots that cannot be
    14  scanned pursuant to this section and section 9-110 of  this  title;  (h)
    15  post  or  announce the results of any hand counts and sign the return of
    16  canvass pursuant to subdivisions two and  three  of  this  section;  (i)
    17  close, lock and seal the machine; and (j) sign the close of poll certif-
    18  icate, as provided by the board of elections.]
    19    2.  (a)  The  inspectors  shall  canvass  the ballot scanner tabulated
    20  results by printing the results tape in the presence of the watchers and
    21  all other persons who may be lawfully within the polling  place,  giving
    22  full  view  of  the  tabulated results tape numbers. An inspector shall,
    23  under the scrutiny of an  inspector  of  a  different  political  party,
    24  either  post  the  results tape or read and announce in the order of the
    25  offices as their titles are arranged on the tabulated results  tape,  in
    26  distinct  tones  the  public  office  or party position, candidate name,
    27  political party and the results as shown on the tabulated  results  tape
    28  and  then  shall announce the number of write-in votes recorded for each
    29  office.  The inspectors shall also in the same manner post  or  announce
    30  the results for each ballot proposal.
    31    (b)  The  results on the tabulated results tape shall be entered on or
    32  the tabulated results tape (representing the aggregate results of  votes
    33  cast on the ballot scanner or the results by election district as appli-
    34  cable) shall be affixed to the return of canvass for that ballot scanner
    35  or  election  district  pursuant  to  section  9-120 of this title by an
    36  inspector under the scrutiny of an inspector of  a  different  political
    37  party,  in  the  space indicated. If any election day paper ballots were
    38  hand counted pursuant to this section and  subdivision  two  of  section
    39  9-110  of  this  title,  an  inspector  shall,  under the scrutiny of an
    40  inspector of a different  political  party,  either  post  or  read  and
    41  announce  the  results  of  such hand count. The tally sheet of any such
    42  hand counting shall be signed by  the  inspectors  conducting  same  and
    43  affixed  to  or recorded on the return of canvass. The return of canvass
    44  and tabulated results tape shall be signed by  two  inspectors  of  each
    45  major political party.
    46    (c)  The results tape shall include a certificate which the inspectors
    47  shall sign, stating the number of voters as shown on the public  counter
    48  and the number on the protective counter.
    49    (d)  If the machine is provided with a removable electronic or comput-
    50  erized device which records the total of the votes cast on such  machine
    51  ([such  device,]  for  purposes  of  this  section  a  "portable  memory
    52  device"), such device shall be removed from the machine after copies  of
    53  the  results  tape,  sufficient to meet the requirements of this chapter
    54  and the regulations of the board of elections, have been produced. After
    55  the portable memory device is removed from the machine,  the  inspectors
    56  shall place such device in the secure envelope or other secure container
        A. 2264                             3
 
     1  provided for its return to the board of elections. Such secure container
     2  shall be signed by the inspectors upon the securing of the device there-
     3  in.
     4    3. (a) During the canvass time any candidate or duly accredited watch-
     5  er  who may desire to be present shall be admitted to the polling place.
     6  During the proclamation of the result, ample opportunity shall be  given
     7  to  any  person  lawfully  present  to  compare the results so posted or
     8  announced with the sum of the votes appearing on the  tabulated  results
     9  tape  and  any hand counted election day ballots, if any, and any neces-
    10  sary corrections shall then and there be made on the return  of  canvass
    11  by  the inspectors.   Thereafter, the voting machine shall be closed and
    12  locked. The first copy of the  results  tape  for  each  voting  machine
    13  should  be  posted on the wall of the polling place forthwith; provided,
    14  however, that if only one copy of such results tape can  be  printed  by
    15  any such machine at any election, such copy shall be used in preparation
    16  of the returns of canvass required by this title.
    17    (b)  Election  day  paper  ballots that have not been scanned shall be
    18  canvassed and tallied pursuant to this section and  sections  9-108  and
    19  9-110 of this title.
    20    (c)  At  a primary election, the ballots of the parties represented on
    21  the board of inspectors shall be canvassed before the ballots  of  other
    22  parties are canvassed.
    23    4. All types of ballots, enclosed in properly sealed envelopes respec-
    24  tively, and properly endorsed shall be filed with the original return of
    25  canvass, as provided for in section 9-106 of this title.
    26    5.  The  inspector  or  other courier assigned by the board filing the
    27  returns shall deliver to the board or officer from  whom  received,  the
    28  keys  of  the  voting  machine,  enclosed  in  a  sealed envelope having
    29  indorsed thereon a certificate of the inspectors stating the  number  of
    30  the  machine,  the election district(s), ward(s) or assembly district(s)
    31  where it has been used, the number on the seal and  the  number  on  the
    32  protective  counter.  In  the city of New York, police officers or peace
    33  officers designated by  the  police  commissioner  of  such  city  shall
    34  provide such delivery of the devices.
    35    6.  The  room  in which such canvass is made shall be clearly lighted,
    36  ingress and egress through the main entrance  thereto  shall  be  freely
    37  permitted,  and  such canvass shall be made in plain view of those enti-
    38  tled to be present. The ballots shall at all times be kept on top of the
    39  table and in plain view of all persons entitled to examine  them,  until
    40  they  have  been  re-packaged  and  sealed  for  return  to the board of
    41  elections as elsewhere provided. If requested by any person entitled  to
    42  be  present  the  inspectors  shall,  during the canvass of any ballots,
    43  exhibit to him or her the ballot then being canvassed, fully opened  and
    44  in  such  a  condition  that  he or she may fully and carefully read and
    45  examine it, but no inspector shall allow any ballot to be taken from his
    46  or her hand or to be touched by any person but an inspector.
    47    § 3. Section 9-106 of the election law, as amended by chapter  334  of
    48  the laws of 2013, is amended to read as follows:
    49    § 9-106. Official ballots; accounting for number used. After the polls
    50  of  the election are closed and before any boxes or envelopes containing
    51  voted ballots are opened, the clerks, or if  there  be  no  clerks,  two
    52  inspectors representing different parties designated by the chair, shall
    53  account  for all of the paper ballots furnished to the election district
    54  or poll site.  On  a  reconciliation  form  supplied  by  the  board  of
    55  elections,  they  shall count, verify and record on such form the number
    56  of unused ballots, the number of  ballots  spoiled  before  delivery  to
        A. 2264                             4
 
     1  voters  in  the poll site, the number of ballots spoiled and returned by
     2  voters and the number of affidavit ballots cast. These numbers shall  be
     3  added  to  the  number of ballots cast as recorded by the public counter
     4  number appearing on the ballot scanner screen(s) or results tape(s). The
     5  sum  shall be recorded on the ballot reconciliation form. This resulting
     6  number shall be deducted from the number of ballots originally delivered
     7  to the election district or poll site, and the remainder number shall be
     8  determined to be the number of ballots secured in the  emergency  ballot
     9  box(es)  or  other  secure storage container(s) provided by the board of
    10  elections. This remainder number shall be recorded on the ballot  recon-
    11  ciliation  form.  If  such  remainder  number  is  zero and there are no
    12  ballots  in  the  emergency  ballot  box(es)  or   other   such   secure
    13  container(s),  inspectors  shall initiate the ballot scanners' close the
    14  polls mechanism and produce results tapes[, unless in the  city  of  New
    15  York such scanners' close the polls mechanism has already been initiated
    16  and  the  results  tapes  already  produced pursuant to paragraph (c) of
    17  subdivision one-a of section 9-102 of this title]. The clerks or inspec-
    18  tors shall then separate, label and place each type of ballot in the box
    19  or container provided by the board of elections, and  securely  lock  or
    20  seal  each  such  box  or  container  and record such seal number on the
    21  ballot reconciliation form. They shall  then  sign  such  reconciliation
    22  form.  If such remainder number is not zero or there are unscanned voted
    23  election day ballots in the  emergency  ballot  box(es)  or  other  such
    24  secure  container(s),  the  inspectors  or clerks shall proceed with the
    25  process provided for in section 9-108 and 9-110 of  this  title.    Upon
    26  completion  of  such  process, the clerks or inspectors shall then sepa-
    27  rate, label and place each type of ballot in the box(es) or container(s)
    28  provided by the board of elections, and securely lock or seal each  such
    29  box(es)  or  container(s).  They  shall then sign such amended reconcil-
    30  iation form.
    31    § 4. Section 9-110 of the election law, as amended by chapter  334  of
    32  the laws of 2013, is amended to read as follows:
    33    §  9-110.  Canvass;  election  day  paper  ballots  that have not been
    34  scanned; method of. 1. Election day paper ballots  that  have  not  been
    35  scanned because a ballot scanner was not available or because the ballot
    36  has  been  abandoned by a voter at the ballot scanner shall be canvassed
    37  as follows: a bipartisan team of inspectors shall cast such ballots on a
    38  ballot scanner, if one is available, at the close of  the  polls  before
    39  the tabulated results tape is printed. If a ballot does not scan because
    40  of an overvote or blank ballot warning on the ballot scanner screen, the
    41  inspectors  shall  cause  the  ballot scanner to eject such ballot to be
    42  hand counted pursuant to subdivision two of this section.
    43    2. Election day paper ballots that cannot be scanned, as  provided  in
    44  subdivision  one [or one-a] of section 9-102 of this title as applicable
    45  and subdivision one of this section shall be canvassed as  follows:  The
    46  inspectors shall unfold each ballot of the kind then to be canvassed and
    47  shall  place  all such ballots upon the table in one pile face down. The
    48  chair shall take up each ballot in order, turn it face up  and  announce
    49  loudly  and distinctly the vote registered on each section, in the order
    50  of the sections upon the ballot, or that  the  ballot  is  void  or  the
    51  section  blank,  as  the  case  may be. If more than one person is to be
    52  elected to the same office or party position the chair, if the ballot is
    53  void or the ballot or section is wholly blank, shall  announce  as  many
    54  void  or blank votes as there are persons to be elected to the office or
    55  party position. On a primary ballot a "section," as  the  term  is  used
    56  above,  shall mean the space occupied by the title of an office or party
        A. 2264                             5
 
     1  position, names of candidates therefor and the voting squares therewith.
     2  The canvass of each ballot must be completed before the next  ballot  is
     3  taken  up. When the tallies of the votes of all such ballots are proven,
     4  and the results announced, the inspectors shall affix tally sheets to or
     5  record the results from same on the return of canvass.
     6    3.  Nothing  in  this  section shall be construed to require or permit
     7  affidavit ballots to be canvassed at the poll site on election day.
     8    § 5. Subdivision 2 of section 9-112 of the election law, as amended by
     9  chapter 334 of the laws of 2013, is amended to read as follows:
    10    2. A cross X mark or a check V mark, made by the voter,  in  a  voting
    11  square at the left of a candidate's name, or the voter's filling in such
    12  voting  square,  [or  punching  a  hole in the voting square of a ballot
    13  intended to be counted by machine,] shall be counted as a vote for  such
    14  candidate.
    15    § 6. Subdivision 1 of section 9-114 of the election law, as amended by
    16  chapter 334 of the laws of 2013, is amended to read as follows:
    17    1.  If  objection  be  made to the counting of any ballot or as to any
    18  section of any such ballot, the board of inspectors shall forthwith  and
    19  before  canvassing  any  other  ballot or section thereof, rule upon the
    20  objection. If the objection be continued after this ruling, the chair or
    21  an inspector under the scrutiny of an inspector of  the  opposite  party
    22  shall  write  in  ink  upon  the  back of the ballot a memorandum of the
    23  ruling and objection. The memorandum of the ruling shall be in the words
    24  "Counted void", or "Counted blank", or "Counted for (naming  the  candi-
    25  date  or  candidates  or the presidential ticket)", or, in the case of a
    26  ballot proposal "Counted for Proposal No.......,"  or  "Counted  against
    27  Proposal  No........",  as  the  case  may  be.  The  memorandum  of the
    28  objection shall be in the words  "Objected  to",  followed  by  a  brief
    29  statement  of  the  nature of the objection, the name and address of the
    30  challenger and the signature of the chair or inspector.
    31    § 7. Section 9-124 of the election law, as amended by chapter  334  of
    32  the laws of 2013, is amended to read as follows:
    33    §  9-124. Returns of canvass, procedure after. 1. After the returns of
    34  the canvass are made out and signed, the inspectors  shall  enclose  the
    35  ballot stubs, protested and void ballots and the ballots cast in affida-
    36  vit envelopes in [a] separate sealed [envelope] envelopes or [envelopes]
    37  containers  and  endorse  thereon  a  certificate signed by each of them
    38  stating the number of the district and the number of  ballots  contained
    39  in  such [envelope] envelopes or [envelopes] containers.  The inspectors
    40  shall enclose the unscanned voted ballots canvassed in  accordance  with
    41  section  9-110  of this title in a separate sealed envelope or container
    42  and endorse thereon a certificate signed by each  of  them  stating  the
    43  number  of  the  district, ballot scanner identification information and
    44  the number of ballots contained in such  envelope  or  container.    The
    45  inspectors shall then package and seal the other voted ballots and place
    46  them  in  one or more boxes or containers, and include within such boxes
    47  or containers one portable memory device from each ballot scanner pursu-
    48  ant to paragraph (d) of subdivision two of section 9-102 of this  title,
    49  and  any  absentee,  military,  special federal, or special presidential
    50  ballots which may have been delivered to the poll site  during  election
    51  day,  and securely lock and seal such boxes or containers. Notwithstand-
    52  ing the preceding sentence, such portable memory device from each ballot
    53  scanner with the corresponding results tape may be enclosed in a  sealed
    54  container  and  transported prior to and separately from other materials
    55  referenced in this section for the  purpose  of  using  such  device  to
        A. 2264                             6

     1  provide  an  unofficial tally of results as required by section 9-126 of
     2  this title.
     3    2.  Each box, envelope, or container containing the ballots and stubs,
     4  if any, and all items described in subdivision one of this section shall
     5  be deposited by an inspector designated for that purpose with the  offi-
     6  cer  or board from whom or which the board of inspectors received it. In
     7  the city of New York, every such box, envelope, or  container  shall  be
     8  delivered at the polling place to police or peace officers designated by
     9  the  police  commissioner  of such city, who shall deposit them with the
    10  board of elections.
    11    3. (a) Except in the city of New York, the registration  poll  records
    12  or  computer  generated  registration lists, the returns of canvass with
    13  results tapes and tally sheets, if  any,  annexed,  the  voted  ballots,
    14  stubs,  opened  packages  of  unused  ballots  and ballot envelopes, any
    15  absentee, military, special federal,  or  special  presidential  ballots
    16  which  may have been delivered to the poll site during election day, the
    17  challenge report records, keys and the package  of  protested  and  void
    18  ballots shall be filed with the board of elections.
    19    (b)  Records  and  supplies  to  be filed with a city, town or village
    20  clerk shall be so filed or delivered immediately after the completion of
    21  the returns of the canvass, by an inspector designated by the  board  of
    22  inspectors.  Returns,  papers  and registration poll records or computer
    23  generated registration lists to be filed with  the  board  of  elections
    24  shall  be  so  filed  by  the chairman of the board of inspectors within
    25  twenty-four hours after the  completion  of  such  returns.  The  person
    26  receiving  such  returns  in  the  board  of elections shall give to the
    27  person delivering the returns a receipt stating  therein  the  date  and
    28  hour  of  delivery,  the  name of the person making the delivery, and to
    29  whom said returns were delivered and shall  keep  a  duplicate  of  said
    30  receipt on file in the office of the board of elections.
    31    (c) [The county legislative body of any county in the state except the
    32  counties comprising the city of New York may, by a resolution, ordinance
    33  or  act as required, provide that all returns, papers, registration poll
    34  records or computer generated registration lists, books, records,  docu-
    35  ments,  and  other election supplies and materials shall be filed by the
    36  chairman of the board of inspectors of elections in a city or  town  and
    37  in a village in which elections are conducted by the board of elections,
    38  with  the  city,  town or village clerk of such city, town or village in
    39  the county within eighteen hours after the closing of the polls  at  any
    40  primary,  general,  special  or  village  election and the city, town or
    41  village clerk upon receiving such returns, papers, registers  or  lists,
    42  books,  records,  documents,  and  other election supplies and materials
    43  shall give to the person making the delivery, a receipt stating  therein
    44  the  date  and  hour of the delivery and the name of such person. Within
    45  twenty-four hours after the closing of the polls at any primary,  gener-
    46  al,  special  or village election, the city, town or village clerk shall
    47  file all returns, papers, registration poll records or  computer  gener-
    48  ated  registration  lists,  books, records, documents and other election
    49  supplies and materials filed with him by the inspectors of the  election
    50  districts  of  the city, town or village, with the board of elections of
    51  the county and the board of elections shall give to the  city,  town  or
    52  village  clerk  a  receipt therefor stating therein the date and hour of
    53  the delivery and the name of the person making the delivery and to  whom
    54  it  was  made, and shall keep a duplicate of said receipt on file in the
    55  office of the board of elections.
        A. 2264                             7

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