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A10175 Summary:

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A10175 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10175--B
                                                                    R. R. 65
 
                   IN ASSEMBLY
 
                                      May 10, 2012
                                       ___________
 
        Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
          tee  on Election Law -- amended on the special order of third reading,
          ordered reprinted as amended, retaining its place on the special order
          of third reading -- again amended on special order of  third  reading,

          ordered  reprinted,  retaining its place on the special order of third
          reading
 
        AN ACT to amend the election law, in relation to canvass procedures; and
          to repeal section 9-128 of the election law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This act shall be known and may be cited as the "election
     2  night poll site procedures act of 2012".
     3    § 2. Section 9-100 of the election law, as amended by chapter  234  of
     4  the laws of 1976, is amended to read as follows:
     5    §  9-100.  Canvass; required. At the close of the polls the inspectors
     6  of election shall, in the order set  forth  herein,  [lock  the  machine
     7  against  voting] close polls, account for the paper ballots, canvass the

     8  machine, cast and canvass all the ballots,  canvass  and  ascertain  the
     9  total  vote  and  they  shall  not  adjourn  until  the canvass be fully
    10  completed.
    11    § 3. Section 9-102 of the election law, subdivisions 1, 2,  and  3  as
    12  amended  by  section  3 and paragraph (a) of subdivision 2 as amended by
    13  section 4 of chapter 163 of the laws of 2010, subdivisions 4  and  6  as
    14  amended by chapter 9 of the laws of 1978, is amended to read as follows:
    15    §  9-102.  Canvass; general provisions for. 1. [As] Except in the city
    16  of New York, as soon as the  polls  of  the  election  are  closed,  the
    17  inspectors  of  election  thereat  shall, in the order set forth herein;
    18  [a.)] (a) place an inspector at the ballot scanner  to  prevent  further

    19  voting;  [b.)] (b) reconcile the paper ballots pursuant to section 9-106
    20  of this title; [c.)] (c) remove surplus ballots,  if  any,  pursuant  to
    21  section 9-108 of this title; [d.)] (d) scan the ballots contained in the
    22  emergency  box  or  other  secure  storage container pursuant to section
    23  9-110 of this title; [e.)] (e) hand count and secure ballots that cannot
    24  be scanned pursuant to section 9-110 of this title; [f.)] (f) close  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15772-06-2
        A. 10175--B                         2
 

     1  poll, print the tabulated [result] results tape, announce the result and
     2  sign  the  return  of  canvass  pursuant to subdivisions 2 and 3 of this
     3  section; [g.)] (g) close, lock and seal the machine; and [h.)] (h)  sign
     4  the close of poll certificate, as provided by the board of elections.
     5    1-a. In the city of New York, as soon as the polls of the election are
     6  closed, the inspectors of election thereat shall, in the order set forth
     7  herein:  (a) place an inspector at the ballot scanner to prevent further
     8  voting; (b) scan the ballots contained in the  emergency  box  or  other
     9  secure storage container pursuant to section 9-110 of this title, unless
    10  it  is not possible to determine which such ballots should be so scanned

    11  because the accounting and reconciliation required by section  9-106  of
    12  this  title cannot be completed without first printing the results tape;
    13  (c) initiate the ballot scanner's close the poll  mechanism,  print  the
    14  tabulated  results  tape,  and  post  the  results  tape or announce its
    15  contents or both; (d) remove one of the portable memory devices from the
    16  ballot scanner for the purpose of  reporting  the  unofficial  tally  of
    17  election  results pursuant to section 9-126 of this title; (e) reconcile
    18  the paper ballots pursuant to section 9-106 of this  title;  (f)  remove
    19  surplus  ballots,  if any, pursuant to this section and section 9-108 of
    20  this title; (g) hand count and secure ballots  that  cannot  be  scanned

    21  pursuant  to  this  section and section 9-110 of this title; (h) post or
    22  announce the results of any hand counts and sign the return  of  canvass
    23  pursuant  to subdivisions two and three of this section; (i) close, lock
    24  and seal the machine; and (j) sign the close  of  poll  certificate,  as
    25  provided by the board of elections.
    26    2. (a) The inspectors shall canvass the [machine vote by printing the]
    27  ballot  scanner  tabulated  results  by printing the results tape in the
    28  presence of the watchers and all other persons who may be lawfully with-
    29  in the polling place, giving full view of the tabulated [result] results
    30  tape numbers. [The chair of the board of inspectors] An inspector shall,

    31  under the scrutiny of an  inspector  of  a  different  political  party,
    32  either  post  the  results tape or read and announce in the order of the
    33  offices as their titles are arranged on the tabulated  [result]  results
    34  tape,  [read  and announce] in distinct tones the public office or party
    35  position, candidate name, political party and the  [result]  results  as
    36  shown on the tabulated [result] results tape and then shall announce the
    37  [aggregate]  number  of  write-in  votes  recorded  for each office. The
    38  [chair] inspectors shall also in the same manner post  or  announce  the
    39  [vote on] results for each ballot proposal.

    40    (b)  The  results  on  the  tabulated  [result]  results tape shall be
    41  entered on or the tabulated  [result]  results  tape  (representing  the
    42  aggregate  results of votes cast on the ballot scanner or the results by
    43  election district as applicable) shall  be  affixed  to  the  return  of
    44  canvass for that ballot scanner or election district pursuant to section
    45  9-120  of this title by an inspector[,] under the scrutiny of an inspec-
    46  tor of a different political party, in the space  indicated[;  provided,
    47  however, if]. If any election day paper ballots were hand counted pursu-
    48  ant  to this section and subdivision two of section 9-110 of this title,

    49  [the results] an inspector shall, under the scrutiny of an inspector  of
    50  a  different  political  party,  either  post  or  read and announce the
    51  results of such hand count. The tally sheet of any  such  hand  counting
    52  shall  be  signed  by  the  inspectors conducting same and affixed to or
    53  recorded on the return of canvass [and be added to the numbers  reported
    54  from  the  tabulated  results  tape to produce a single total result for
    55  each candidate and ballot proposal]. The return of canvass[, which shall
    56  show the aggregate number of votes cast for each office, the  number  of
        A. 10175--B                         3

     1  votes  cast  for  each candidate appearing on the ballot for each office

     2  and the aggregate number of write-in votes for each office,  shall  then
     3  be filled out. Such return] and tabulated [result] results tape shall be
     4  signed by two inspectors of each [inspector] major political party.
     5    [(b)]  (c)  The  [printed  or  photographic  record  produced  by such
     6  machine] results tape shall include a certificate which  the  inspectors
     7  shall  sign, stating the number of voters as shown on the public counter
     8  and the number on the protective counter.
     9    [(c)] (d) If the machine is provided with a  removable  electronic  or
    10  computerized  device  which  records the total of the votes cast on such
    11  machine (such device, for purposes of this section  a  "portable  memory

    12  device"),  such device shall be removed from the machine after copies of
    13  the [printed record] results tape, sufficient to meet  the  requirements
    14  of this chapter and the regulations of the board of elections, have been
    15  produced.  After the portable memory device is removed from the machine,
    16  the inspectors shall place such device in the secure envelope  or  other
    17  secure container provided for its return to the board of elections. Such
    18  secure  container shall be signed by the inspectors upon the securing of
    19  the device therein.
    20    3. (a) During the canvass time any candidate or duly accredited watch-
    21  er who may desire to be present shall be admitted to the polling  place.
    22  During  the proclamation of the result, ample opportunity shall be given
    23  to any person lawfully present to compare the results so announced  with

    24  the  sum  of  the votes appearing on the tabulated [result] results tape
    25  and any hand counted election day ballots, if  any,  and  any  necessary
    26  corrections shall then and there be made on the return of canvass by the
    27  inspectors.   Thereafter, the voting machine shall be closed and locked.
    28  The first copy of the [printed record]  results  tape  for  each  voting
    29  machine  should  be  posted  on the wall of the polling place forthwith;
    30  provided, however, that if  only  one  copy  of  such  [printed  record]
    31  results  tape  can  be printed by any such machine at any election, such
    32  copy shall be used in preparation  of  the  [statement  of]  returns  of
    33  canvass required by this title.
    34    (b)  Election  day  paper  ballots that have not been scanned shall be

    35  canvassed and tallied pursuant to this section and  sections  9-108  and
    36  9-110 of this title.
    37    (c)  At  a primary election, the ballots of the parties represented on
    38  the board of inspectors shall be canvassed before the ballots  of  other
    39  parties are canvassed.
    40    4. All types of ballots, enclosed in properly sealed envelopes respec-
    41  tively, and properly endorsed shall be filed with the original return of
    42  canvass, as provided for in section 9-106 of this title.
    43    5.  The  inspector  or  other courier assigned by the board filing the
    44  returns shall deliver to the board or officer from  whom  received,  the
    45  keys  of  the  voting  machine,  enclosed  in  a  sealed envelope having
    46  indorsed thereon a certificate of the inspectors stating the  number  of
    47  the   machine,  the  election  [district,  ward  or  assembly  district]

    48  district(s), ward(s) or assembly district(s) where it has been used, the
    49  number on the seal and the number on the protective  counter.    In  the
    50  city  of  New  York, police officers or peace officers designated by the
    51  police commissioner of such city shall  provide  such  delivery  of  the
    52  devices.
    53    6.  The  room  in which such canvass is made shall be clearly lighted,
    54  ingress and egress through the main entrance  thereto  shall  be  freely
    55  permitted,  and  such canvass shall be made in plain view of those enti-
    56  tled to be present. The ballots shall at all times be kept on top of the
        A. 10175--B                         4
 
     1  table and in plain view of all persons entitled to examine  them,  until

     2  they  have been [tied into bundles] re-packaged and sealed for return to
     3  the board of elections as elsewhere provided. If requested by any person
     4  entitled  to  be present the inspectors shall, during the canvass of any
     5  ballots, exhibit to him or her the ballot then  being  canvassed,  fully
     6  opened  and  in  such a condition that he or she may fully and carefully
     7  read and examine it, but no inspector shall allow any ballot to be taken
     8  from his or her hand or to be touched by any person but an inspector.
     9    § 4. Section 9-106 of the election law, as amended by chapter  163  of
    10  the laws of 2010, is amended to read as follows:
    11    §  9-106.  Official ballots; accounting for number used. [At the close

    12  of] After the polls of the election are closed and before any  boxes  or
    13  [envelope] envelopes containing voted ballots are opened, the clerks, or
    14  if  there  be  no  clerks, two inspectors representing different parties
    15  designated by the chair, shall account for  all  of  the  paper  ballots
    16  furnished  to  the  election  district or poll site. On a reconciliation
    17  form supplied by the board of elections, they shall  count,  verify  and
    18  record  on such form the number of unused ballots, the number of ballots
    19  [cancelled] spoiled before delivery to voters  in  the  poll  site,  the
    20  number of ballots spoiled and returned by voters and the number of affi-
    21  davit  ballots  cast.  These  numbers  shall  be  added to the number of

    22  ballots cast as recorded by the public counter number appearing  on  the
    23  ballot  scanner [screen] screen(s) or results tape(s).  The sum shall be
    24  recorded on the ballot reconciliation form. This resulting number  shall
    25  be  deducted  from  the  number  of  ballots originally delivered to the
    26  election district or poll site, and the remainder number shall be deter-
    27  mined to be the number of ballots secured in the emergency ballot  [box]
    28  box(es) or other secure storage [container] container(s) provided by the
    29  board  of  elections.  This  remainder  number  shall be recorded on the
    30  ballot reconciliation form[.
    31    Such]. If such remainder number is zero and there are  no  ballots  in

    32  the  emergency ballot box(es) or other such secure container(s), inspec-
    33  tors shall initiate the ballot scanners' close the polls  mechanism  and
    34  produce  results  tapes,  unless  in the city of New York such scanners'
    35  close the polls mechanism has already been  initiated  and  the  results
    36  tapes already produced pursuant to paragraph (c) of subdivision one-a of
    37  section  9-102 of this title.  The clerks or inspectors shall then sepa-
    38  rate, label and place each type  of  ballot  in  the  box  or  container
    39  provided  by the board of elections, and securely lock or seal each such
    40  box or container. They shall then sign such  reconciliation  form.    If
    41  such  remainder number is not zero or there are unscanned voted election

    42  day ballots in  the  emergency  ballot  box(es)  or  other  such  secure
    43  container(s),  the  inspectors  or clerks shall proceed with the process
    44  provided for in section 9-108 and 9-110 of this title.  Upon  completion
    45  of such process, the clerks or inspectors shall then separate, label and
    46  place each type of ballot in the box(es) or container(s) provided by the
    47  board  of  elections,  and  securely  lock  or seal each such box(es) or
    48  container(s). They shall then sign such amended reconciliation form.
    49    § 5. Subdivision 2 of section 9-108 of the election law is amended  to
    50  read as follows:
    51    2.  If  the  ballots found in any box shall be more than the number of
    52  ballots so shown to have been deposited therein, such ballots shall  all

    53  be  replaced,  without  being  unfolded, in the box from which they were
    54  taken, and shall be thoroughly mingled therein, and one of  the  inspec-
    55  tors  shall,  with his or her back to the box, publicly draw out as many
    56  ballots as shall be equal to such excess  and,  without  unfolding  them
        A. 10175--B                         5
 
     1  forthwith  shall  enclose them in an envelope which he or she shall then
     2  and there seal and endorse "excess ballots [from the  box  for  ballots]
     3  for  the  general  election,  presidential electors, or party ballots or
     4  otherwise",  as the case may be, and shall sign his or her name thereto,
     5  and place such envelope in the box for defective or spoiled ballots.
     6    § 6. Section 9-110 of the election law, as amended by chapter  163  of

     7  the laws of 2010, is amended to read as follows:
     8    §  9-110.  Canvass;  election  day  paper  ballots  that have not been
     9  scanned; method of. 1. Election day paper ballots  that  have  not  been
    10  scanned because a ballot scanner was not available or because the ballot
    11  has  been  abandoned by a voter at the ballot scanner shall be canvassed
    12  as follows: a bipartisan team of inspectors shall cast such ballots on a
    13  ballot scanner, if one is available, at the close of  the  polls  before
    14  the  tabulated  [result]  results  tape is printed. If a ballot does not
    15  scan because of an overvote or blank ballot warning on the ballot  scan-
    16  ner  screen, the inspectors shall cause the ballot scanner to eject such
    17  ballot to be hand counted pursuant to subdivision two of this section.
    18    2. Election day paper ballots that cannot be scanned, as  provided  in

    19  subdivision  one or one-a of section 9-102 as applicable and subdivision
    20  one of this section shall be canvassed as follows: The inspectors  shall
    21  unfold  each ballot of the kind then to be canvassed and shall place all
    22  such ballots upon the table in one pile face down. The chair shall  take
    23  up  each  ballot  in  order,  turn  it  face  up and announce loudly and
    24  distinctly the vote registered on each section,  in  the  order  of  the
    25  sections  upon  the  ballot,  or  that the ballot is void or the section
    26  blank, as the case may be. If more than one person is to be  elected  to
    27  the  same  office  or party position the chair, if the ballot is void or
    28  the ballot or section is wholly blank, shall announce as  many  void  or
    29  blank  votes  as  there are persons to be elected to the office or party
    30  position. On a primary ballot a "section," as the term  is  used  above,

    31  shall  mean  the space occupied by the title of an office or party posi-
    32  tion, names of candidates therefor and  the  voting  squares  therewith.
    33  The  canvass  of each ballot must be completed before the next ballot is
    34  taken up. When the tallies of the votes of all such ballots are  proven,
    35  and  the  results  announced,  the  [inspectors'] inspectors shall affix
    36  tally sheets to or record  the  results  from  same  on  the  return  of
    37  canvass.
    38    3.  Nothing  in  this  section shall be construed to require or permit
    39  affidavit ballots to be canvassed at the poll site on election day.
    40    § 7. Section 9-112 of the election law, subdivisions 1, 2, 4 and 5  as
    41  amended  by chapter 352 of the laws of 1986, subdivision 6 as amended by
    42  chapter 647 of the laws of 1982, is amended to read as follows:

    43    § 9-112. Canvass ballots; validity of ballot. 1. The whole  ballot  is
    44  void  if  the  voter  (a)  does  any act extrinsic to the ballot such as
    45  enclosing any paper or other article in the folded ballot or (b) defaces
    46  or tears the ballot except that a ballot card  which  is  in  perforated
    47  sections  shall  not be void because it has been separated into sections
    48  or (c) makes any erasure thereon or (d) makes  any  mark  thereon  other
    49  than  a cross X mark or a check V mark in a voting square, or filling in
    50  the voting square, or [punching a hole in the voting square of a  ballot
    51  intended  to  be  counted  by  machine or] (e) writes, other than in the
    52  space provided, a name for the purpose of voting; except that an erasure
    53  or a mark other than a valid mark made in a voting square shall not make

    54  the ballot void, but shall render it blank as to the office, party posi-
    55  tion or ballot proposal in connection with which it is made.  No  ballot
    56  shall  be  declared  void  or  partially blank because a mark thereon is
        A. 10175--B                         6
 
     1  irregular in form. The term "voting square"  shall  include  the  voting
     2  space  provided  for  a voter to mark his or her vote for a candidate or
     3  ballot proposal.
     4    2.  A  cross  X mark or a check V mark, made by the voter, in a voting
     5  square [at the left of] corresponding to  a  candidate's  name,  or  the
     6  voter's filling in such voting square, [or punching a hole in the voting
     7  square  of a ballot intended to be counted by machine,] shall be counted
     8  as a vote for such candidate.

     9    3. A vote shall be counted for a person whose name is written in under
    10  the title of an office or party position only if such name is written by
    11  the voter upon the ballot in the proper space provided therefor and only
    12  if such name is not printed under the title of such office or  position.
    13  A  voting mark before or after such written in name shall not invalidate
    14  the vote.
    15    4. If, in the case of a candidate whose name  appears  on  the  ballot
    16  more  than once for the same office, the voter shall make a cross X mark
    17  or a check V mark in each of two  or  more  voting  squares  before  the
    18  candidate's  name,  or fill in two or more such voting squares [or punch
    19  out the hole in two or more voting squares of a ballot  intended  to  be
    20  counted  by  machine,]  only  the  first  vote shall be counted for such

    21  candidate. If such vote was cast for the office of governor,  such  vote
    22  shall  not be recorded in the tally sheet or returns in a separate place
    23  on the tally sheet as a vote not for any particular party or independent
    24  body.
    25    5. If a voter makes a cross X mark or a  check  V  mark  in  a  voting
    26  square  following  the  word  "Yes"  or  the  word "No", before a ballot
    27  proposal, or fills in such square, [or punches out the hole in a  voting
    28  square  of  a ballot intended to be counted by machine,] such mark shall
    29  be counted in the affirmative or negative, as so indicated.
    30    6. If the voter marks more names than there are persons to be  elected
    31  or  nominated  for an office, or elected to a party position, or makes a
    32  mark in a place or manner not herein provided for, or if for any  reason

    33  it  is  impossible  to  determine  the  voter's choice of a candidate or
    34  candidates for an office or party position or his or  her  vote  upon  a
    35  ballot proposal, his or her vote shall not be counted for such office or
    36  position  or  upon the ballot proposal, but shall be returned as a blank
    37  vote thereon.
    38    § 8. Section 9-114 of the election law, subdivision 1  as  amended  by
    39  chapter 647 of the laws of 1982, is amended to read as follows:
    40    §  9-114.  Counting ballots; objections to. 1. If objection be made to
    41  the counting of any ballot or as to any section of any such ballot,  the
    42  board  of  inspectors  shall  forthwith  and [for] before canvassing any
    43  other ballot or  section  thereof,  rule  upon  the  objection.  If  the
    44  objection  be  continued  after  this ruling, the [chairman] chair or an

    45  inspector under the scrutiny of an inspector of the opposite party shall
    46  write in ink upon the back of the ballot a memorandum of the ruling  and
    47  objection.  The  memorandum of the ruling shall be in the words "Counted
    48  void", or "Counted blank", or "Counted  for  (naming  the  candidate  or
    49  candidates  or  the  presidential  ticket)", or, in the case of a ballot
    50  proposal "Counted for Proposal No.......," or "Counted against  Proposal
    51  No........",  as  the case may be. The memorandum of the objection shall
    52  be in the words "Objected to", followed by  a  brief  statement  of  the
    53  nature  of the objection, the name and address of the challenger and the
    54  signature of the [chairman] chair or inspector.
    55    2. Any ballot to which objection is not  taken  but  which  is  wholly

    56  blank or is void shall be indorsed in ink by the [chairman] chair of the
        A. 10175--B                         7
 
     1  board  of  inspectors or an inspector under the scrutiny of an inspector
     2  of the opposite party with the words "Wholly blank" or  "Void",  as  the
     3  case may be, and signed by the [chairman] chair or inspector.
     4    3. When all the ballots of any one kind shall have been canvassed, the
     5  inspectors  shall  ascertain the total number of [wholly blank and void]
     6  all such ballots and the number of ballots [as] to which  any  objection
     7  was taken and shall enter such numbers in the place provided therefor in
     8  the inspectors' returns of such canvass.
     9    § 9. Subdivision 1 of section 9-116 of the election law, as amended by

    10  chapter 13 of the laws of 1988, is amended to read as follows:
    11    1.  As  each  vote  for  any  office  or  position, or upon any ballot
    12  proposal, is announced, a clerk, or, if there be no clerks,  an  inspec-
    13  tor,  under  the  scrutiny of a clerk or inspector of opposite political
    14  [faith] party immediately shall tally it in [black] ink, with a downward
    15  stroke from right to left upon the official tally sheet. Each such clerk
    16  or inspector, as he or she tallies a vote, shall  announce  clearly  the
    17  name  of  the  person  for  whom he or she tallies it, or that he or she
    18  tallies the vote blank or void as the case may be, or, in the case of  a
    19  ballot proposal, that he or she tallies the vote "yes" or "no". When the
    20  name  of  a  person  voted  for  is not printed on the tally sheet, such

    21  clerks or inspectors shall write it in full thereon in ink in the  place
    22  provided therefor.
    23    §  10.  Section 9-120 of the election law, subdivision 1 as amended by
    24  chapter 262 of the laws of 1986, is amended to read as follows:
    25    § 9-120.  Returns  of  canvass;  generally.  1.  Upon  completing  the
    26  canvass,  the  inspectors  shall  prepare their returns of the canvass[.
    27  They shall use therefor the] on a printed form supplied to them [and, at
    28  an election which was not conducted on a voting machine which produces a
    29  printed or photographic record, they shall carefully insert thereon,  in
    30  ink,   the  appropriate  names,  words  and  figures  according  to  the
    31  directions printed in the form provided by this chapter] by the board of

    32  elections. The [printed or photographic record produced  by  the  voting
    33  machine] results tape(s) and the tally [sheets] sheet(s) for any office,
    34  party  position  or  ballot proposal, if separate from [the statement of
    35  return] such form, shall be securely attached by the [chairman] chair or
    36  an inspector under the scrutiny of an inspector of the opposite party to
    37  such [statement of] form returns and it shall not be necessary to  tran-
    38  scribe  information  provided  by such results tapes onto such form.  [A
    39  printed or photographic record]  Results  tape(s)  or  a  tally  [sheet]

    40  sheet(s),  when  so  annexed,  or  forming part of the same paper as the
    41  return, shall be treated as part of  the  return.  The  inspectors,  and
    42  clerks, if any, shall subscribe in ink the certificate at the end of the
    43  set  of  returns.  Each  set  of  returns shall be securely sealed in an
    44  envelope properly endorsed on the  outside  by  the  inspectors.  At  an
    45  election  at  which  voting  machines are not used, the ballot boxes, if
    46  any, supplied by the board of elections, may  when  securely  locked  be
    47  used instead of sealed envelopes.
    48    2.  The form for the return or returns of the canvass shall be printed
    49  in a [form] format approved by the state board of elections.   The  form
    50  of  such  return  of canvass shall provide for the total number of votes

    51  for each candidate in  each  contest,  or  upon  each  ballot  proposal,
    52  including  the  total  number  of  unscanned  voted ballots canvassed in
    53  accordance with section 9-110 of this title.
    54    3. In the event that there is more than one  election  district  at  a
    55  polling  place,  the  board of elections may authorize the use of one or
    56  more returns of canvass that consolidate the report  of  the  number  of
        A. 10175--B                         8
 
     1  votes  for  each  candidate, or upon each ballot proposal, for more than
     2  one election district or more than one  ballot  scanner,  provided  that
     3  such  consolidated  returns of canvass have attached to them the results

     4  tape(s)  produced  by  the ballot scanner(s) that identify the number of
     5  votes for each candidate, or upon each ballot proposal, within each such
     6  election district and each such ballot scanner.
     7    § 11. Section 9-122 of the election law, as amended by chapter 647  of
     8  the laws of 1982, is amended to read as follows:
     9    §  9-122.  Proclamation  of result. Upon the completion of the canvass
    10  and of the returns of the canvass, the [chairman] chair of the board  of
    11  inspectors  or  an  inspector  under the scrutiny of an inspector of the
    12  opposite party shall make public oral proclamation of the [whole]  total
    13  number of votes cast at the election at the polling place for all candi-
    14  dates  for  each  office,  or,  if it be a primary election, the [whole]

    15  total number of party votes of each party so cast for all candidates for
    16  each office or party position; upon each ballot proposal, if  any[;  the
    17  whole  number  of  votes  given  for  each person, with the title of the
    18  office or party position for which he was named on the ballot;  and  the
    19  whole  number  of  votes  given, respectively, for and against each such
    20  ballot proposal, if any] and the total number of write-in votes recorded
    21  for each office.   As an alternative to  such  oral  proclamation,  such
    22  chair  or  inspector  may  cause to be posted the results tape(s), tally
    23  sheet(s), and any other materials  necessary  to  ascertain  such  total
    24  numbers of votes cast.

    25    §  12.  Section  9-124 of the election law, as amended by chapter 9 of
    26  the laws of 1978, subdivision 1 as amended by chapter 659 of the laws of
    27  1994, subdivision 2 as amended by chapter 413 of the laws of  1991,  and
    28  subdivision  3  as amended by chapter 91 of the laws of 1992, is amended
    29  to read as follows:
    30    § 9-124. Returns of canvass, procedure after. 1. After the returns  of
    31  the  canvass  are  made out and signed, the inspectors shall enclose the
    32  protested[,] and void [and wholly blank] ballots and the ballots cast in
    33  affidavit envelopes in a  separate  sealed  envelope  or  envelopes  and
    34  endorse  thereon a certificate signed by each of them stating the number
    35  of the district and the number of ballots contained in such envelope  or
    36  envelopes.  The  inspectors  shall  enclose  the unscanned voted ballots

    37  canvassed in accordance with section 9-110 of this title in  a  separate
    38  sealed envelope and endorse thereon a certificate signed by each of them
    39  stating  the  number of the district and the number of ballots contained
    40  in such envelope. The inspectors shall then [tie up]  package  and  seal
    41  the other voted ballots and [return] place them [to the ballot box which
    42  contained  them]  in one or more boxes or containers, and include within
    43  such boxes or containers one portable memory  device  from  each  ballot
    44  scanner pursuant to paragraph (d) of subdivision two of section 9-102 of
    45  this  title,  and  any  absentee,  military, special federal, or special

    46  presidential ballots which may have been  delivered  to  the  poll  site
    47  during election day, and securely lock and seal [the box, except that at
    48  elections  in  which  voting  machines  are used, absentee and military,
    49  special federal, special presidential and emergency ballots  and  stubs,
    50  if  any, shall be sealed in the envelope or envelopes provided therefor]
    51  such boxes or containers. Notwithstanding the preceding  sentence,  such
    52  portable  memory  device from each ballot scanner with the corresponding
    53  results tape may be enclosed in a sealed container and transported prior
    54  to and separately from other materials referenced in  this  section  for
    55  the  purpose  of  using  such  device  to provide an unofficial tally of

    56  results as required by section 9-126 of this title.
        A. 10175--B                         9
 
     1    2. Each box [or], envelope, or container containing  the  ballots  and
     2  stubs,  if  any,  and  all  items  described  in subdivision one of this
     3  section shall be deposited by an inspector designated for  that  purpose
     4  with  the  officer  or  board from whom or which the board of inspectors
     5  received  it[,  together  with  the  separate  sealed  package of unused
     6  ballots]. In the city  of  New  York,  every  such  box  [or],  envelope
     7  [containing  any ballots or stubs and the package of unused ballots], or

     8  container shall be delivered at the polling place[, at the conclusion of
     9  the canvass,] to [the] police or peace [officer] officers designated  by
    10  the  police  commissioner  of such city, who shall deposit them with the
    11  board of elections.
    12    3. [The books, returns and other  papers  enumerated  below  shall  be
    13  disposed of as follows, except as otherwise provided:
    14    (a) In a city or town, except the city of New York and in a village in
    15  which elections are conducted by the board of elections, the] (a) Except
    16  in  the  city  of  New  York,  the registration poll records or computer
    17  generated registration lists, the returns of canvass with results  tapes

    18  and  tally  sheets, if any, annexed, the [absentee and military, special
    19  federal, special  presidential  and  emergency]  voted  ballots,  stubs,
    20  opened  packages  of  unused ballots and ballot envelopes, any absentee,
    21  military, special federal, or special  presidential  ballots  which  may
    22  have  been delivered to the poll site during election day, the challenge
    23  records and the package of protested[,]  and  void  [and  wholly  blank]
    24  ballots  shall be filed with the board of elections[, and the flag shall
    25  be returned to it] immediately upon the  close  of  the  polls  and  the
    26  completion of all related tasks in compliance with this title.

    27    (b)  [Records  and  supplies  to be filed with a city, town or village
    28  clerk shall be so filed or delivered immediately after the completion of
    29  the returns of the canvass, by an inspector designated by the  board  of
    30  inspectors.    Returns, papers and registration poll records or computer
    31  generated registration lists to be filed with  the  board  of  elections
    32  shall  be  so  filed  by  the chairman of the board of inspectors within
    33  twenty-four hours after the  completion  of  such  returns.  The  person
    34  receiving  such  returns  in  the  board  of elections shall give to the
    35  person delivering the returns a receipt stating  therein  the  date  and
    36  hour  of  delivery,  the  name of the person making the delivery, and to

    37  whom said returns were delivered and shall  keep  a  duplicate  of  said
    38  receipt on file in the office of the board of elections.
    39    (c)  The county legislative body of any county in the state except the
    40  counties comprising the city of New York may, by a resolution, ordinance
    41  or act as required, provide that all returns, papers, registration  poll
    42  records  or computer generated registration lists, books, records, docu-
    43  ments, and other election supplies and materials shall be filed  by  the
    44  chairman  of  the board of inspectors of elections in a city or town and
    45  in a village in which elections are conducted by the board of elections,
    46  with the city, town or village clerk of such city, town  or  village  in

    47  the  county  within eighteen hours after the closing of the polls at any
    48  primary, general, special or village election  and  the  city,  town  or
    49  village  clerk  upon receiving such returns, papers, registers or lists,
    50  books, records, documents, and other  election  supplies  and  materials
    51  shall  give to the person making the delivery, a receipt stating therein
    52  the date and hour of the delivery and the name of  such  person.  Within
    53  twenty-four  hours after the closing of the polls at any primary, gener-
    54  al, special or village election, the city, town or village  clerk  shall
    55  file  all  returns, papers, registration poll records or computer gener-
    56  ated registration lists, books, records, documents  and  other  election

        A. 10175--B                        10

     1  supplies  and materials filed with him by the inspectors of the election
     2  districts of the city, town or village, with the board of  elections  of
     3  the  county  and  the board of elections shall give to the city, town or
     4  village  clerk  a  receipt therefor stating therein the date and hour of
     5  the delivery and the name of the person making the delivery and to  whom
     6  it  was  made, and shall keep a duplicate of said receipt on file in the
     7  office of the board of elections.
     8    (d)] In the city of New York, the board of inspectors[,] shall deliver
     9  to [the] police or peace [officer] officers  designated  by  the  police

    10  commissioner  of  such  city, at the polling place the registration poll
    11  records or computer  generated  registration  lists,  challenge  report,
    12  records, keys, [the flag,] other election supplies, including two copies
    13  of  the  returns  of the canvass and [the] any absentee [and], military,
    14  special  federal,  or  special  presidential  [and  emergency  ballots,]
    15  ballots  which  may have been delivered to the poll site during election
    16  day, voted ballots, stubs, open packages of unused  ballots  and  ballot
    17  envelopes.  [The] Such police or peace [officer] officers shall file the

    18  returns,  the  package  of  void[,]  and  protested  [and  wholly blank]
    19  ballots, if any, and the  absentee  [and],  military,  special  federal,
    20  special presidential, and emergency ballots, stubs and ballot envelopes,
    21  if  any,  within  twenty-four hours after the close of the polls, in the
    22  office of the board  of  elections  or  its  branch  office  within  the
    23  borough, as the case may be.
    24    (c)  The person receiving such returns in the board of elections shall
    25  give to the person delivering the returns a receipt stating therein  the
    26  date  and  hour of delivery, the name of the person making the delivery,
    27  and to whom said returns were delivered and shall keep  a  duplicate  of
    28  such receipt on file in the office of the board of elections.

    29    §  13.  Section  9-126  of  the  election  law, the section heading as
    30  amended by chapter 9 of the laws of 1978, subdivision  1  and  paragraph
    31  (a)  of  subdivision  2  as  amended by chapter 647 of the laws of 1982,
    32  subdivision 3 as added by chapter 262 of the laws of 1986, and paragraph
    33  (b) of subdivision 3 as amended by chapter 356 of the laws of  1986,  is
    34  amended to read as follows:
    35    § 9-126. [Return of canvass; delivery of results to police and unoffi-
    36  cial]  Unofficial  tally of election results. 1. In an election district
    37  [of a city and] of the county of Nassau, the  [chairman]  chair  of  the
    38  board  of  inspectors, upon the completion of the return of canvass, and
    39  the announcement thereof in a primary or general election, shall deliver

    40  to the police officer on duty at the polling place a statement signed by
    41  the board of inspectors stating the number of  votes  received  by  each
    42  person  voted  for  and  the  number of votes cast for and the number of
    43  votes cast against each ballot proposal.  Such officer  forthwith  shall
    44  convey the statement to the stationhouse of the police precinct in which
    45  such  place of canvass is located, and shall deliver it inviolate to the
    46  officer in command thereof, who shall immediately transmit by telegraph,
    47  telephone or messenger, the contents of such statement  to  the  officer
    48  commanding  the  police  department  of  such [city or] county who shall
    49  immediately make the contents of such statement available for the press.
    50  [In the city of New York and the county  of  Nassau  the  chairman]  The

    51  chair of the board of inspectors in each election district of such coun-
    52  ty  shall  make  two  copies of the statement hereinbefore provided for,
    53  which shall be taken to the police station, whence one such  copy  shall
    54  be  transmitted  without  delay  to  police  headquarters, or such other
    55  location as may be designated  by  the  officer  commanding  the  police
    56  department,  where  it  shall be made immediately available to the press
        A. 10175--B                        11
 
     1  for purposes of tabulation.  The other copy shall be transmitted  within
     2  twenty-four  hours to the board of elections. All statements made pursu-
     3  ant to this section shall be preserved for six months by the police  and
     4  shall be presumptive evidence of the result of such canvass.

     5    2.  (a)  [In an election district outside of a city, except] Except in
     6  the county of Nassau, the [chairman] chair of the board  of  inspectors,
     7  upon  completion  of the return of canvass and the announcement thereof,
     8  in a general or primary election,  shall  immediately  communicate  such
     9  results  by  telephone, or delivery, to the [county] board of elections.
    10  Such results shall include the number of votes received by  each  person
    11  voted  for  and  the  number  of  votes cast for and against each ballot
    12  proposal.
    13    (b) The [county] board of elections shall remain open after the  close
    14  of  the  polls  and  shall receive and tabulate the voting results [from
    15  throughout the county] as they are  received.  The  board  of  elections

    16  shall  make such unofficial results available to the media and the state
    17  board of elections, and shall post running totals in a public place  and
    18  on the internet as the results become known to it.
    19    [(c)]  3.  The  results  made public pursuant to this section [are to]
    20  shall be released as the unofficial tally and shall not be admissible in
    21  evidence in any action  or  proceeding  contesting  the  result  of  any
    22  election.
    23    [(d)  Any police department of a city outside the city of New York and
    24  the county of Nassau receiving statements as provided in subdivision one
    25  of this section shall immediately communicate the  contents  thereof  to
    26  the county board of elections at a location designated by it. In lieu of

    27  requiring  the delivery of statements to the police in cities outside of
    28  the city of New York and the county of Nassau as provided in subdivision
    29  one of this section, a]
    30    4. A county board of elections may require the [chairman] chair of the
    31  board of inspectors in each election district [within  such  a  city  to
    32  make  a  return  of the vote pursuant to the provisions of this subdivi-
    33  sion] to report unofficial election night results by telephone,  fax  or
    34  other  means.  Such  results shall include the total aggregate number of
    35  votes received by each person voted for, the total aggregate  number  of
    36  write-ins  and  the  number  of  votes  cast for and against each ballot
    37  proposal.

    38    [3.] 5. (a) The  board  of  elections  of  counties  in  which  voting
    39  machines  which  have  [removable  electronic  or computerized] portable
    40  memory devices [which record  the  total  of  the  votes  cast  on  such
    41  machines] are used, may establish written procedures consistent with the
    42  provisions  of  this section and filed with the state board of elections
    43  by which such devices may be used [after the  close  of  the  polls]  to
    44  provide the unofficial tally of results required by this section.
    45    (b)  Such  procedures  may  include: the installation, at the board of
    46  elections or at town or city halls, police stations,  sheriff's  offices
    47  or  other  public  buildings,  of machines which record and transmit the

    48  totals recorded in such devices to the board of elections or directly to
    49  a representative of the press; the delivery  of  the  devices  from  the
    50  polling  places to such locations and the removal of such devices, by at
    51  least two clerks or other agents of such board of elections of  opposite
    52  political  parties,  from the containers or envelopes in which they were
    53  sealed at the polling places and the insertion of such devices into such
    54  machines.
    55    (c) In the city of New York, unless the board  of  elections  of  such
    56  city designates two clerks or other agents of opposite political parties
        A. 10175--B                        12
 
     1  for  delivery  of the devices from the polling places to such locations,
     2  police officers or peace officers designated by the police  commissioner

     3  of such city shall provide such delivery as soon as practicable.
     4    (d)  The  board  of  elections  shall  provide containers, at all such
     5  locations other than the offices of such  board,  into  which  all  such
     6  devices  shall  be placed by the clerks or other agents of such board of
     7  elections after they are removed from  such  machines.  Such  containers
     8  shall  be  sealed  by  such  clerks  or agents who shall also enter on a
     9  certificate which shall be printed on each  such  container,  the  total
    10  number  of  such  devices  placed  in  such  container  and the election
    11  districts from which such devices came. Such clerks shall also sign such
    12  certificate in the places provided.
    13    [(d)] (e) Such containers shall be delivered to the board of elections
    14  by the public officials in whose offices such  machines  were  installed

    15  within  twenty-four  hours  after the closing of the polls [and the]. In
    16  the city of New York, unless the board of elections of such city  desig-
    17  nates  two  clerks  or  other  agents  of opposite political parties for
    18  delivery of such containers to the board of elections,  police  officers
    19  or  peace  officers  designated  by the police commissioner of such city
    20  shall deliver such containers. The board of elections  shall  give  such
    21  officials,  police  officers, or peace officers a receipt therefor which
    22  states therein the date and hour of delivery, the  name  of  the  person
    23  making the delivery and the name of the person to whom such delivery was
    24  made.  The  board of elections shall keep a duplicate of such receipt on
    25  file at the office of such board.

    26    [(e)] (f) The cost of installing such machines at locations other than
    27  the board of elections and the cost of  transmitting  the  results  from
    28  such  machines  may  be paid by the board of elections or by a represen-
    29  tative of the press. If such results are  transmitted  from  a  location
    30  other  than  the  board of elections directly to a representative of the
    31  press, such cost shall be paid by such representative of the press.
    32    § 14. Section 9-128 of the election law is REPEALED.
    33    § 15. This act shall take effect immediately and shall  apply  to  any
    34  election  held  on  or  after  the seventy-fifth day after it shall have
    35  become a law.