STATE OF NEW YORK
________________________________________________________________________
7090
IN SENATE(Prefiled)
January 3, 2018
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
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
26 further voting; (b) scan the ballots contained in the emergency box or
27 other secure storage container pursuant to section 9-110 of this title,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02943-01-7
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1 unless it is not possible to determine which such ballots should be so
2 scanned because the accounting and reconciliation required by section
3 9-106 of this title cannot be completed without first printing the
4 results tape; (c) initiate the ballot scanner's close the poll mech-
5 anism, print the tabulated results tape, and post the results tape or
6 announce its contents or both; (d) remove one of the portable memory
7 devices from the ballot scanner for the purpose of reporting the unoffi-
8 cial tally of election results pursuant to section 9-126 of this title;
9 (e) reconcile the paper ballots pursuant to section 9-106 of this title;
10 (f) remove surplus ballots, if any, pursuant to this section and section
11 9-108 of this title; (g) hand count and secure ballots that cannot be
12 scanned pursuant to this section and section 9-110 of this title; (h)
13 post or announce the results of any hand counts and sign the return of
14 canvass pursuant to subdivisions two and three of this section; (i)
15 close, lock and seal the machine; and (j) sign the close of poll certif-
16 icate, as provided by the board of elections.]
17 2. (a) The inspectors shall canvass the ballot scanner tabulated
18 results by printing the results tape in the presence of the watchers and
19 all other persons who may be lawfully within the polling place, giving
20 full view of the tabulated results tape numbers. An inspector shall,
21 under the scrutiny of an inspector of a different political party,
22 either post the results tape or read and announce in the order of the
23 offices as their titles are arranged on the tabulated results tape, in
24 distinct tones the public office or party position, candidate name,
25 political party and the results as shown on the tabulated results tape
26 and then shall announce the number of write-in votes recorded for each
27 office. The inspectors shall also in the same manner post or announce
28 the results for each ballot proposal.
29 (b) The results on the tabulated results tape shall be entered on or
30 the tabulated results tape (representing the aggregate results of votes
31 cast on the ballot scanner or the results by election district as appli-
32 cable) shall be affixed to the return of canvass for that ballot scanner
33 or election district pursuant to section 9-120 of this title by an
34 inspector under the scrutiny of an inspector of a different political
35 party, in the space indicated. If any election day paper ballots were
36 hand counted pursuant to this section and subdivision two of section
37 9-110 of this title, an inspector shall, under the scrutiny of an
38 inspector of a different political party, either post or read and
39 announce the results of such hand count. The tally sheet of any such
40 hand counting shall be signed by the inspectors conducting same and
41 affixed to or recorded on the return of canvass. The return of canvass
42 and tabulated results tape shall be signed by two inspectors of each
43 major political party.
44 (c) The results tape shall include a certificate which the inspectors
45 shall sign, stating the number of voters as shown on the public counter
46 and the number on the protective counter.
47 (d) If the machine is provided with a removable electronic or comput-
48 erized device which records the total of the votes cast on such machine
49 ([such device,] for purposes of this section a "portable memory
50 device"), such device shall be removed from the machine after copies of
51 the results tape, sufficient to meet the requirements of this chapter
52 and the regulations of the board of elections, have been produced. After
53 the portable memory device is removed from the machine, the inspectors
54 shall place such device in the secure envelope or other secure container
55 provided for its return to the board of elections. Such secure container
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1 shall be signed by the inspectors upon the securing of the device there-
2 in.
3 3. (a) During the canvass time any candidate or duly accredited watch-
4 er who may desire to be present shall be admitted to the polling place.
5 During the proclamation of the result, ample opportunity shall be given
6 to any person lawfully present to compare the results so posted or
7 announced with the sum of the votes appearing on the tabulated results
8 tape and any hand counted election day ballots, if any, and any neces-
9 sary corrections shall then and there be made on the return of canvass
10 by the inspectors. Thereafter, the voting machine shall be closed and
11 locked. The first copy of the results tape for each voting machine
12 should be posted on the wall of the polling place forthwith; provided,
13 however, that if only one copy of such results tape can be printed by
14 any such machine at any election, such copy shall be used in preparation
15 of the returns of canvass required by this title.
16 (b) Election day paper ballots that have not been scanned shall be
17 canvassed and tallied pursuant to this section and sections 9-108 and
18 9-110 of this title.
19 (c) At a primary election, the ballots of the parties represented on
20 the board of inspectors shall be canvassed before the ballots of other
21 parties are canvassed.
22 4. All types of ballots, enclosed in properly sealed envelopes respec-
23 tively, and properly endorsed shall be filed with the original return of
24 canvass, as provided for in section 9-106 of this title.
25 5. The inspector or other courier assigned by the board filing the
26 returns shall deliver to the board or officer from whom received, the
27 keys of the voting machine, enclosed in a sealed envelope having
28 indorsed thereon a certificate of the inspectors stating the number of
29 the machine, the election district(s), ward(s) or assembly district(s)
30 where it has been used, the number on the seal and the number on the
31 protective counter. In the city of New York, police officers or peace
32 officers designated by the police commissioner of such city shall
33 provide such delivery of the devices.
34 6. The room in which such canvass is made shall be clearly lighted,
35 ingress and egress through the main entrance thereto shall be freely
36 permitted, and such canvass shall be made in plain view of those enti-
37 tled to be present. The ballots shall at all times be kept on top of the
38 table and in plain view of all persons entitled to examine them, until
39 they have been re-packaged and sealed for return to the board of
40 elections as elsewhere provided. If requested by any person entitled to
41 be present the inspectors shall, during the canvass of any ballots,
42 exhibit to him or her the ballot then being canvassed, fully opened and
43 in such a condition that he or she may fully and carefully read and
44 examine it, but no inspector shall allow any ballot to be taken from his
45 or her hand or to be touched by any person but an inspector.
46 § 3. Section 9-106 of the election law, as amended by chapter 334 of
47 the laws of 2013, is amended to read as follows:
48 § 9-106. Official ballots; accounting for number used. After the polls
49 of the election are closed and before any boxes or envelopes containing
50 voted ballots are opened, the clerks, or if there be no clerks, two
51 inspectors representing different parties designated by the chair, shall
52 account for all of the paper ballots furnished to the election district
53 or poll site. On a reconciliation form supplied by the board of
54 elections, they shall count, verify and record on such form the number
55 of unused ballots, the number of ballots spoiled before delivery to
56 voters in the poll site, the number of ballots spoiled and returned by
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1 voters and the number of affidavit ballots cast. These numbers shall be
2 added to the number of ballots cast as recorded by the public counter
3 number appearing on the ballot scanner screen(s) or results tape(s). The
4 sum shall be recorded on the ballot reconciliation form. This resulting
5 number shall be deducted from the number of ballots originally delivered
6 to the election district or poll site, and the remainder number shall be
7 determined to be the number of ballots secured in the emergency ballot
8 box(es) or other secure storage container(s) provided by the board of
9 elections. This remainder number shall be recorded on the ballot recon-
10 ciliation form. If such remainder number is zero and there are no
11 ballots in the emergency ballot box(es) or other such secure
12 container(s), inspectors shall initiate the ballot scanners' close the
13 polls mechanism and produce results tapes[, unless in the city of New
14 York such scanners' close the polls mechanism has already been initiated
15 and the results tapes already produced pursuant to paragraph (c) of
16 subdivision one-a of section 9-102 of this title]. The clerks or inspec-
17 tors shall then separate, label and place each type of ballot in the box
18 or container provided by the board of elections, and securely lock or
19 seal each such box or container and record such seal number on the
20 ballot reconciliation form. They shall then sign such reconciliation
21 form. If such remainder number is not zero or there are unscanned voted
22 election day ballots in the emergency ballot box(es) or other such
23 secure container(s), the inspectors or clerks shall proceed with the
24 process provided for in section 9-108 and 9-110 of this title. Upon
25 completion of such process, the clerks or inspectors shall then sepa-
26 rate, label and place each type of ballot in the box(es) or container(s)
27 provided by the board of elections, and securely lock or seal each such
28 box(es) or container(s). They shall then sign such amended reconcil-
29 iation form.
30 § 4. Section 9-110 of the election law, as amended by chapter 334 of
31 the laws of 2013, is amended to read as follows:
32 § 9-110. Canvass; election day paper ballots that have not been
33 scanned; method of. 1. Election day paper ballots that have not been
34 scanned because a ballot scanner was not available or because the ballot
35 has been abandoned by a voter at the ballot scanner shall be canvassed
36 as follows: a bipartisan team of inspectors shall cast such ballots on a
37 ballot scanner, if one is available, at the close of the polls before
38 the tabulated results tape is printed. If a ballot does not scan because
39 of an overvote or blank ballot warning on the ballot scanner screen, the
40 inspectors shall cause the ballot scanner to eject such ballot to be
41 hand counted pursuant to subdivision two of this section.
42 2. Election day paper ballots that cannot be scanned, as provided in
43 subdivision one [or one-a] of section 9-102 of this title as applicable
44 and subdivision one of this section shall be canvassed as follows: The
45 inspectors shall unfold each ballot of the kind then to be canvassed and
46 shall place all such ballots upon the table in one pile face down. The
47 chair shall take up each ballot in order, turn it face up and announce
48 loudly and distinctly the vote registered on each section, in the order
49 of the sections upon the ballot, or that the ballot is void or the
50 section blank, as the case may be. If more than one person is to be
51 elected to the same office or party position the chair, if the ballot is
52 void or the ballot or section is wholly blank, shall announce as many
53 void or blank votes as there are persons to be elected to the office or
54 party position. On a primary ballot a "section," as the term is used
55 above, shall mean the space occupied by the title of an office or party
56 position, names of candidates therefor and the voting squares therewith.
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1 The canvass of each ballot must be completed before the next ballot is
2 taken up. When the tallies of the votes of all such ballots are proven,
3 and the results announced, the inspectors shall affix tally sheets to or
4 record the results from same on the return of canvass.
5 3. Nothing in this section shall be construed to require or permit
6 affidavit ballots to be canvassed at the poll site on election day.
7 § 5. Subdivision 2 of section 9-112 of the election law, as amended by
8 chapter 334 of the laws of 2013, is amended to read as follows:
9 2. A cross X mark or a check V mark, made by the voter, in a voting
10 square at the left of a candidate's name, or the voter's filling in such
11 voting square, [or punching a hole in the voting square of a ballot
12 intended to be counted by machine,] shall be counted as a vote for such
13 candidate.
14 § 6. Subdivision 1 of section 9-114 of the election law, as amended by
15 chapter 334 of the laws of 2013, is amended to read as follows:
16 1. If objection be made to the counting of any ballot or as to any
17 section of any such ballot, the board of inspectors shall forthwith and
18 before canvassing any other ballot or section thereof, rule upon the
19 objection. If the objection be continued after this ruling, the chair or
20 an inspector under the scrutiny of an inspector of the opposite party
21 shall write in ink upon the back of the ballot a memorandum of the
22 ruling and objection. The memorandum of the ruling shall be in the words
23 "Counted void", or "Counted blank", or "Counted for (naming the candi-
24 date or candidates or the presidential ticket)", or, in the case of a
25 ballot proposal "Counted for Proposal No.......," or "Counted against
26 Proposal No........", as the case may be. The memorandum of the
27 objection shall be in the words "Objected to", followed by a brief
28 statement of the nature of the objection, the name and address of the
29 challenger and the signature of the chair or inspector.
30 § 7. Section 9-124 of the election law, as amended by chapter 334 of
31 the laws of 2013, is amended to read as follows:
32 § 9-124. Returns of canvass, procedure after. 1. After the returns of
33 the canvass are made out and signed, the inspectors shall enclose the
34 ballot stubs, protested and void ballots and the ballots cast in affida-
35 vit envelopes in [a] separate sealed [envelope] envelopes or [envelopes]
36 containers and endorse thereon a certificate signed by each of them
37 stating the number of the district and the number of ballots contained
38 in such [envelope] envelopes or [envelopes] containers. The inspectors
39 shall enclose the unscanned voted ballots canvassed in accordance with
40 section 9-110 of this title in a separate sealed envelope or container
41 and endorse thereon a certificate signed by each of them stating the
42 number of the district, ballot scanner identification information and
43 the number of ballots contained in such envelope or container. The
44 inspectors shall then package and seal the other voted ballots and place
45 them in one or more boxes or containers, and include within such boxes
46 or containers one portable memory device from each ballot scanner pursu-
47 ant to paragraph (d) of subdivision two of section 9-102 of this title,
48 and any absentee, military, special federal, or special presidential
49 ballots which may have been delivered to the poll site during election
50 day, and securely lock and seal such boxes or containers. Notwithstand-
51 ing the preceding sentence, such portable memory device from each ballot
52 scanner with the corresponding results tape may be enclosed in a sealed
53 container and transported prior to and separately from other materials
54 referenced in this section for the purpose of using such device to
55 provide an unofficial tally of results as required by section 9-126 of
56 this title.
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1 2. Each box, envelope, or container containing the ballots and stubs,
2 if any, and all items described in subdivision one of this section shall
3 be deposited by an inspector designated for that purpose with the offi-
4 cer or board from whom or which the board of inspectors received it. In
5 the city of New York, every such box, envelope, or container shall be
6 delivered at the polling place to police or peace officers designated by
7 the police commissioner of such city, who shall deposit them with the
8 board of elections.
9 3. (a) Except in the city of New York, the registration poll records
10 or computer generated registration lists, the returns of canvass with
11 results tapes and tally sheets, if any, annexed, the voted ballots,
12 stubs, opened packages of unused ballots and ballot envelopes, any
13 absentee, military, special federal, or special presidential ballots
14 which may have been delivered to the poll site during election day, the
15 challenge report records, keys and the package of protested and void
16 ballots shall be filed with the board of elections.
17 (b) Records and supplies to be filed with a city, town or village
18 clerk shall be so filed or delivered immediately after the completion of
19 the returns of the canvass, by an inspector designated by the board of
20 inspectors. Returns, papers and registration poll records or computer
21 generated registration lists to be filed with the board of elections
22 shall be so filed by the chairman of the board of inspectors within
23 twenty-four hours after the completion of such returns. The person
24 receiving such returns in the board of elections shall give to the
25 person delivering the returns a receipt stating therein the date and
26 hour of delivery, the name of the person making the delivery, and to
27 whom said returns were delivered and shall keep a duplicate of said
28 receipt on file in the office of the board of elections.
29 (c) [The county legislative body of any county in the state except the
30 counties comprising the city of New York may, by a resolution, ordinance
31 or act as required, provide that all returns, papers, registration poll
32 records or computer generated registration lists, books, records, docu-
33 ments, and other election supplies and materials shall be filed by the
34 chairman of the board of inspectors of elections in a city or town and
35 in a village in which elections are conducted by the board of elections,
36 with the city, town or village clerk of such city, town or village in
37 the county within eighteen hours after the closing of the polls at any
38 primary, general, special or village election and the city, town or
39 village clerk upon receiving such returns, papers, registers or lists,
40 books, records, documents, and other election supplies and materials
41 shall give to the person making the delivery, a receipt stating therein
42 the date and hour of the delivery and the name of such person. Within
43 twenty-four hours after the closing of the polls at any primary, gener-
44 al, special or village election, the city, town or village clerk shall
45 file all returns, papers, registration poll records or computer gener-
46 ated registration lists, books, records, documents and other election
47 supplies and materials filed with him by the inspectors of the election
48 districts of the city, town or village, with the board of elections of
49 the county and the board of elections shall give to the city, town or
50 village clerk a receipt therefor stating therein the date and hour of
51 the delivery and the name of the person making the delivery and to whom
52 it was made, and shall keep a duplicate of said receipt on file in the
53 office of the board of elections.
54 (d)] In the city of New York, the board of inspectors shall deliver to
55 police or peace officers designated by the police commissioner of such
56 city, at the polling place the registration poll records or computer
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1 generated registration lists, challenge report, records, keys, other
2 election supplies, including two copies of the returns of the canvass
3 and any absentee, military, special federal, or special presidential
4 ballots which may have been delivered to the poll site during election
5 day, voted ballots, stubs, open packages of unused ballots and ballot
6 envelopes. Such police or peace officers shall file the returns, the
7 package of void and protested ballots, if any, and the absentee, mili-
8 tary, special federal, special presidential[,] ballots which may have
9 been delivered to the poll site during election day; and emergency
10 ballots, stubs and ballot envelopes, if any, within twenty-four hours
11 after the close of the polls, in the office of the board of elections or
12 its branch office within the borough, as the case may be.
13 § 8. This act shall take effect immediately.