Bill Text: NY S02346 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to establishing the uniform election night procedure act.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-10-30 - signed chap.437 [S02346 Detail]
Download: New_York-2019-S02346-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2346 2019-2020 Regular Sessions IN SENATE January 24, 2019 ___________ Introduced by Sens. KAVANAGH, GIANARIS, HOYLMAN -- 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 of6New 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 election24are closed, the inspectors of election thereat shall, in the order setEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02359-01-9S. 2346 2 1forth herein: (a) place an inspector at the ballot scanner to prevent2further voting; (b) scan the ballots contained in the emergency box or3other secure storage container pursuant to section 9-110 of this title,4unless it is not possible to determine which such ballots should be so5scanned because the accounting and reconciliation required by section69-106 of this title cannot be completed without first printing the7results tape; (c) initiate the ballot scanner's close the poll mech-8anism, print the tabulated results tape, and post the results tape or9announce its contents or both; (d) remove one of the portable memory10devices from the ballot scanner for the purpose of reporting the unoffi-11cial tally of election results pursuant to section 9-126 of this title;12(e) reconcile the paper ballots pursuant to section 9-106 of this title;13(f) remove surplus ballots, if any, pursuant to this section and section149-108 of this title; (g) hand count and secure ballots that cannot be15scanned pursuant to this section and section 9-110 of this title; (h)16post or announce the results of any hand counts and sign the return of17canvass pursuant to subdivisions two and three of this section; (i)18close, lock and seal the machine; and (j) sign the close of poll certif-19icate, as provided by the board of elections.] 20 2. (a) The inspectors shall canvass the ballot scanner tabulated 21 results by printing the results tape in the presence of the watchers and 22 all other persons who may be lawfully within the polling place, giving 23 full view of the tabulated results tape numbers. An inspector shall, 24 under the scrutiny of an inspector of a different political party, 25 either post the results tape or read and announce in the order of the 26 offices as their titles are arranged on the tabulated results tape, in 27 distinct tones the public office or party position, candidate name, 28 political party and the results as shown on the tabulated results tape 29 and then shall announce the number of write-in votes recorded for each 30 office. The inspectors shall also in the same manner post or announce 31 the results for each ballot proposal. 32 (b) The results on the tabulated results tape shall be entered on or 33 the tabulated results tape (representing the aggregate results of votes 34 cast on the ballot scanner or the results by election district as appli- 35 cable) shall be affixed to the return of canvass for that ballot scanner 36 or election district pursuant to section 9-120 of this title by an 37 inspector under the scrutiny of an inspector of a different political 38 party, in the space indicated. If any election day paper ballots were 39 hand counted pursuant to this section and subdivision two of section 40 9-110 of this title, an inspector shall, under the scrutiny of an 41 inspector of a different political party, either post or read and 42 announce the results of such hand count. The tally sheet of any such 43 hand counting shall be signed by the inspectors conducting same and 44 affixed to or recorded on the return of canvass. The return of canvass 45 and tabulated results tape shall be signed by two inspectors of each 46 major political party. 47 (c) The results tape shall include a certificate which the inspectors 48 shall sign, stating the number of voters as shown on the public counter 49 and the number on the protective counter. 50 (d) If the machine is provided with a removable electronic or comput- 51 erized device which records the total of the votes cast on such machine 52 ([such device,] for purposes of this section a "portable memory 53 device"), such device shall be removed from the machine after copies of 54 the results tape, sufficient to meet the requirements of this chapter 55 and the regulations of the board of elections, have been produced. After 56 the portable memory device is removed from the machine, the inspectorsS. 2346 3 1 shall place such device in the secure envelope or other secure container 2 provided for its return to the board of elections. Such secure container 3 shall be signed by the inspectors upon the securing of the device there- 4 in. 5 3. (a) During the canvass time any candidate or duly accredited watch- 6 er who may desire to be present shall be admitted to the polling place. 7 During the proclamation of the result, ample opportunity shall be given 8 to any person lawfully present to compare the results so posted or 9 announced with the sum of the votes appearing on the tabulated results 10 tape and any hand counted election day ballots, if any, and any neces- 11 sary corrections shall then and there be made on the return of canvass 12 by the inspectors. Thereafter, the voting machine shall be closed and 13 locked. The first copy of the results tape for each voting machine 14 should be posted on the wall of the polling place forthwith; provided, 15 however, that if only one copy of such results tape can be printed by 16 any such machine at any election, such copy shall be used in preparation 17 of the returns of canvass required by this title. 18 (b) Election day paper ballots that have not been scanned shall be 19 canvassed and tallied pursuant to this section and sections 9-108 and 20 9-110 of this title. 21 (c) At a primary election, the ballots of the parties represented on 22 the board of inspectors shall be canvassed before the ballots of other 23 parties are canvassed. 24 4. All types of ballots, enclosed in properly sealed envelopes respec- 25 tively, and properly endorsed shall be filed with the original return of 26 canvass, as provided for in section 9-106 of this title. 27 5. The inspector or other courier assigned by the board filing the 28 returns shall deliver to the board or officer from whom received, the 29 keys of the voting machine, enclosed in a sealed envelope having 30 indorsed thereon a certificate of the inspectors stating the number of 31 the machine, the election district(s), ward(s) or assembly district(s) 32 where it has been used, the number on the seal and the number on the 33 protective counter. In the city of New York, police officers or peace 34 officers designated by the police commissioner of such city shall 35 provide such delivery of the devices. 36 6. The room in which such canvass is made shall be clearly lighted, 37 ingress and egress through the main entrance thereto shall be freely 38 permitted, and such canvass shall be made in plain view of those enti- 39 tled to be present. The ballots shall at all times be kept on top of the 40 table and in plain view of all persons entitled to examine them, until 41 they have been re-packaged and sealed for return to the board of 42 elections as elsewhere provided. If requested by any person entitled to 43 be present the inspectors shall, during the canvass of any ballots, 44 exhibit to him or her the ballot then being canvassed, fully opened and 45 in such a condition that he or she may fully and carefully read and 46 examine it, but no inspector shall allow any ballot to be taken from his 47 or her hand or to be touched by any person but an inspector. 48 § 3. Section 9-106 of the election law, as amended by chapter 334 of 49 the laws of 2013, is amended to read as follows: 50 § 9-106. Official ballots; accounting for number used. After the polls 51 of the election are closed and before any boxes or envelopes containing 52 voted ballots are opened, the clerks, or if there be no clerks, two 53 inspectors representing different parties designated by the chair, shall 54 account for all of the paper ballots furnished to the election district 55 or poll site. On a reconciliation form supplied by the board of 56 elections, they shall count, verify and record on such form the numberS. 2346 4 1 of unused ballots, the number of ballots spoiled before delivery to 2 voters in the poll site, the number of ballots spoiled and returned by 3 voters and the number of affidavit ballots cast. These numbers shall be 4 added to the number of ballots cast as recorded by the public counter 5 number appearing on the ballot scanner screen(s) or results tape(s). The 6 sum shall be recorded on the ballot reconciliation form. This resulting 7 number shall be deducted from the number of ballots originally delivered 8 to the election district or poll site, and the remainder number shall be 9 determined to be the number of ballots secured in the emergency ballot 10 box(es) or other secure storage container(s) provided by the board of 11 elections. This remainder number shall be recorded on the ballot recon- 12 ciliation form. If such remainder number is zero and there are no 13 ballots in the emergency ballot box(es) or other such secure 14 container(s), inspectors shall initiate the ballot scanners' close the 15 polls mechanism and produce results tapes[, unless in the city of New16York such scanners' close the polls mechanism has already been initiated17and the results tapes already produced pursuant to paragraph (c) of18subdivision one-a of section 9-102 of this title]. The clerks or inspec- 19 tors shall then separate, label and place each type of ballot in the box 20 or container provided by the board of elections, and securely lock or 21 seal each such box or container and record such seal number on the 22 ballot reconciliation form. They shall then sign such reconciliation 23 form. If such remainder number is not zero or there are unscanned voted 24 election day ballots in the emergency ballot box(es) or other such 25 secure container(s), the inspectors or clerks shall proceed with the 26 process provided for in section 9-108 and 9-110 of this title. Upon 27 completion of such process, the clerks or inspectors shall then sepa- 28 rate, label and place each type of ballot in the box(es) or container(s) 29 provided by the board of elections, and securely lock or seal each such 30 box(es) or container(s). They shall then sign such amended reconcil- 31 iation form. 32 § 4. Section 9-110 of the election law, as amended by chapter 334 of 33 the laws of 2013, is amended to read as follows: 34 § 9-110. Canvass; election day paper ballots that have not been 35 scanned; method of. 1. Election day paper ballots that have not been 36 scanned because a ballot scanner was not available or because the ballot 37 has been abandoned by a voter at the ballot scanner shall be canvassed 38 as follows: a bipartisan team of inspectors shall cast such ballots on a 39 ballot scanner, if one is available, at the close of the polls before 40 the tabulated results tape is printed. If a ballot does not scan because 41 of an overvote or blank ballot warning on the ballot scanner screen, the 42 inspectors shall cause the ballot scanner to eject such ballot to be 43 hand counted pursuant to subdivision two of this section. 44 2. Election day paper ballots that cannot be scanned, as provided in 45 subdivision one [or one-a] of section 9-102 of this title as applicable 46 and subdivision one of this section shall be canvassed as follows: The 47 inspectors shall unfold each ballot of the kind then to be canvassed and 48 shall place all such ballots upon the table in one pile face down. The 49 chair shall take up each ballot in order, turn it face up and announce 50 loudly and distinctly the vote registered on each section, in the order 51 of the sections upon the ballot, or that the ballot is void or the 52 section blank, as the case may be. If more than one person is to be 53 elected to the same office or party position the chair, if the ballot is 54 void or the ballot or section is wholly blank, shall announce as many 55 void or blank votes as there are persons to be elected to the office or 56 party position. On a primary ballot a "section," as the term is usedS. 2346 5 1 above, shall mean the space occupied by the title of an office or party 2 position, names of candidates therefor and the voting squares therewith. 3 The canvass of each ballot must be completed before the next ballot is 4 taken up. When the tallies of the votes of all such ballots are proven, 5 and the results announced, the inspectors shall affix tally sheets to or 6 record the results from same on the return of canvass. 7 3. Nothing in this section shall be construed to require or permit 8 affidavit ballots to be canvassed at the poll site on election day. 9 § 5. Subdivision 2 of section 9-112 of the election law, as amended by 10 chapter 334 of the laws of 2013, is amended to read as follows: 11 2. A cross X mark or a check V mark, made by the voter, in a voting 12 square at the left of a candidate's name, or the voter's filling in such 13 voting square, [or punching a hole in the voting square of a ballot14intended to be counted by machine,] shall be counted as a vote for such 15 candidate. 16 § 6. Subdivision 1 of section 9-114 of the election law, as amended by 17 chapter 334 of the laws of 2013, is amended to read as follows: 18 1. If objection be made to the counting of any ballot or as to any 19 section of any such ballot, the board of inspectors shall forthwith and 20 before canvassing any other ballot or section thereof, rule upon the 21 objection. If the objection be continued after this ruling, the chair or 22 an inspector under the scrutiny of an inspector of the opposite party 23 shall write in ink upon the back of the ballot a memorandum of the 24 ruling and objection. The memorandum of the ruling shall be in the words 25 "Counted void", or "Counted blank", or "Counted for (naming the candi- 26 date or candidates or the presidential ticket)", or, in the case of a 27 ballot proposal "Counted for Proposal No.......," or "Counted against 28 Proposal No........", as the case may be. The memorandum of the 29 objection shall be in the words "Objected to", followed by a brief 30 statement of the nature of the objection, the name and address of the 31 challenger and the signature of the chair or inspector. 32 § 7. Section 9-124 of the election law, as amended by chapter 334 of 33 the laws of 2013, is amended to read as follows: 34 § 9-124. Returns of canvass, procedure after. 1. After the returns of 35 the canvass are made out and signed, the inspectors shall enclose the 36 ballot stubs, protested and void ballots and the ballots cast in affida- 37 vit envelopes in [a] separate sealed [envelope] envelopes or [envelopes] 38 containers 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] envelopes or [envelopes] containers. The inspectors 41 shall enclose the unscanned voted ballots canvassed in accordance with 42 section 9-110 of this title in a separate sealed envelope or container 43 and endorse thereon a certificate signed by each of them stating the 44 number of the district, ballot scanner identification information and 45 the number of ballots contained in such envelope or container. The 46 inspectors shall then package and seal the other voted ballots and place 47 them in one or more boxes or containers, and include within such boxes 48 or containers one portable memory device from each ballot scanner pursu- 49 ant to paragraph (d) of subdivision two of section 9-102 of this title, 50 and any absentee, military, special federal, or special presidential 51 ballots which may have been delivered to the poll site during election 52 day, and securely lock and seal such boxes or containers. Notwithstand- 53 ing the preceding sentence, such portable memory device from each ballot 54 scanner with the corresponding results tape may be enclosed in a sealed 55 container and transported prior to and separately from other materials 56 referenced in this section for the purpose of using such device toS. 2346 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 the32counties comprising the city of New York may, by a resolution, ordinance33or act as required, provide that all returns, papers, registration poll34records or computer generated registration lists, books, records, docu-35ments, and other election supplies and materials shall be filed by the36chairman of the board of inspectors of elections in a city or town and37in a village in which elections are conducted by the board of elections,38with the city, town or village clerk of such city, town or village in39the county within eighteen hours after the closing of the polls at any40primary, general, special or village election and the city, town or41village clerk upon receiving such returns, papers, registers or lists,42books, records, documents, and other election supplies and materials43shall give to the person making the delivery, a receipt stating therein44the date and hour of the delivery and the name of such person. Within45twenty-four hours after the closing of the polls at any primary, gener-46al, special or village election, the city, town or village clerk shall47file all returns, papers, registration poll records or computer gener-48ated registration lists, books, records, documents and other election49supplies and materials filed with him by the inspectors of the election50districts of the city, town or village, with the board of elections of51the county and the board of elections shall give to the city, town or52village clerk a receipt therefor stating therein the date and hour of53the delivery and the name of the person making the delivery and to whom54it was made, and shall keep a duplicate of said receipt on file in the55office of the board of elections.S. 2346 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.
