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 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02359-01-9
        S. 2346                             2

     1  forth  herein:  (a)  place an inspector at the ballot scanner to prevent
     2  further voting; (b) scan the ballots contained in the emergency  box  or
     3  other  secure storage container pursuant to section 9-110 of this title,
     4  unless  it  is not possible to determine which such ballots should be so
     5  scanned because the accounting and reconciliation  required  by  section
     6  9-106  of  this  title  cannot  be  completed without first printing the
     7  results tape; (c) initiate the ballot scanner's  close  the  poll  mech-
     8  anism,  print  the  tabulated results tape, and post the results tape or
     9  announce its contents or both; (d) remove one  of  the  portable  memory
    10  devices from the ballot scanner for the purpose of reporting the unoffi-
    11  cial  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 section
    14  9-108 of this title; (g) hand count and secure ballots  that  cannot  be
    15  scanned  pursuant  to  this section and section 9-110 of this title; (h)
    16  post or announce the results of any hand counts and sign the  return  of
    17  canvass  pursuant  to  subdivisions  two  and three of this section; (i)
    18  close, lock and seal the machine; and (j) sign the close of poll certif-
    19  icate, 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 inspectors
        S. 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 number
        S. 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 New
    16  York such scanners' close the polls mechanism has already been initiated
    17  and the results tapes already produced  pursuant  to  paragraph  (c)  of
    18  subdivision 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 used
        S. 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  ballot
    14  intended  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 to
        S. 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 the
    32  counties comprising the city of New York may, by a resolution, ordinance
    33  or  act as required, provide that all returns, papers, registration poll
    34  records or computer generated registration lists, books, records,  docu-
    35  ments,  and  other election supplies and materials shall be filed by the
    36  chairman of the board of inspectors of elections in a city or  town  and
    37  in a village in which elections are conducted by the board of elections,
    38  with  the  city,  town or village clerk of such city, town or village in
    39  the county within eighteen hours after the closing of the polls  at  any
    40  primary,  general,  special  or  village  election and the city, town or
    41  village clerk upon receiving such returns, papers, registers  or  lists,
    42  books,  records,  documents,  and  other election supplies and materials
    43  shall give to the person making the delivery, a receipt stating  therein
    44  the  date  and  hour of the delivery and the name of such person. Within
    45  twenty-four hours after the closing of the polls at any primary,  gener-
    46  al,  special  or village election, the city, town or village clerk shall
    47  file all returns, papers, registration poll records or  computer  gener-
    48  ated  registration  lists,  books, records, documents and other election
    49  supplies and materials filed with him by the inspectors of the  election
    50  districts  of  the city, town or village, with the board of elections of
    51  the county and the board of elections shall give to the  city,  town  or
    52  village  clerk  a  receipt therefor stating therein the date and hour of
    53  the delivery and the name of the person making the delivery and to  whom
    54  it  was  made, and shall keep a duplicate of said receipt on file in the
    55  office of the board of elections.
        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.