Bill Text: NY S09376 | 2021-2022 | General Assembly | Introduced
Bill Title: Improves transparency regarding boards of elections; improves voter centricity; includes boards of elections in open meetings requirements; requires certain notices be given regarding elections; requires additional transparency during the tabulation of votes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-20 - REFERRED TO ELECTIONS [S09376 Detail]
Download: New_York-2021-S09376-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9376 IN SENATE May 20, 2022 ___________ Introduced by Sen. HARCKHAM -- 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 improving transparency regarding boards of elections and improving voter centricity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new section 3-227 2 to read as follows: 3 § 3-227. Open meetings. Boards of elections shall be deemed public 4 bodies for the purposes of article seven of the public officers law, and 5 meetings of commissioners of boards of elections shall be subject to 6 open meetings requirements of such article. 7 § 2. Subdivision 2 of section 4-104 of the election law is amended and 8 a new subdivision 1-d is added to read as follows: 9 1-d. Any determinations regarding the designation of poll sites shall 10 be proposed publicly at least thirty days prior to an election, and an 11 opportunity shall be given for the public to comment. Such comments 12 shall be purely advisory. The board of elections shall have the authori- 13 ty to make changes to poll sites at any time without public comment if 14 deemed necessary, so long as five days' notice is provided, pursuant to 15 subdivision two of this section. 16 2. If the board of elections, after designating a polling place, and 17 after sending written notice of such polling place to each registered 18 voter, designates an alternative polling place, it must, at least five 19 days before the next election or day for registration, send by mail a 20 written notice to each registered voter notifying him of the changed 21 location of such polling place. If such notice is not possible the board 22 of elections must provide for an alternative form of notice to be given 23 to voters at the location of the previous polling place. The board of 24 elections shall also provide such notice by electronic mail and text 25 message if such contact information is available. 26 § 3. Section 4-118 of the election law is amended by adding a new 27 subdivision 3 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15182-01-2S. 9376 2 1 3. At least thirty days prior to a primary election, each county board 2 of elections shall publish a notice specifying: (a) the day of such 3 primary election; (b) the hours during which such primary election will 4 be held; (c) the public offices for which nominations are to be made and 5 the party positions which are to be filled at such primary elections; 6 (d) the registration deadline; (e) the mail ballot request deadline; (f) 7 the mail ballot postmark deadline; (g) dates and times of early voting; 8 (h) a mechanism by which voters can find their polling places, including 9 information on the accessibility of such polling places; and (i) sample 10 ballots for each polling place. Such publication shall be published 11 prominently on the county board of elections website and social media 12 channels and shall remain prominently displayed until the conclusion of 13 the primary election. Such notices shall be available in all major 14 languages spoken within the county. At least twenty-five days prior to a 15 primary election, and consistently through the date of the primary 16 election, the state board of elections shall use its website and social 17 media channels to notify voters of such election and direct voters to 18 information contained in the relevant county board's online notice 19 pursuant to this subdivision. 20 § 4. Section 4-119 of the election law is amended by adding a new 21 subdivision 3 to read as follows: 22 3. Every board or body authorized to designate places for registration 23 shall consistently have voter registration instructions prominently 24 displayed on its website. 25 § 5. Subdivision 1 of section 4-120 of the election law, as amended by 26 chapter 413 of the laws of 2019, is amended to read as follows: 27 1. The board of elections shall publish once in each of the two weeks 28 preceding a general election, or a special or village election conducted 29 by the board of elections, a notice specifying the day of the election, 30 and the public officers to be voted for within such county, or any part 31 thereof at such election. The board of elections shall, as soon as prac- 32 ticable, but not less than [two weeks] thirty days prior to any general, 33 special, or village election, and consistently through the date of such 34 election, prominently display on its website and social media channels 35 the date and hours of the election, the offices to be voted on in the 36 county, part of a county, or the city of New York, [and a link to any37poll site information or poll location tools, where available] the 38 registration deadline, the mail ballot request deadline, the mail ballot 39 postmark deadline, dates and times of early voting, and a mechanism by 40 which voters can find their polling places, including information on the 41 accessibility of such polling places, and sample ballots. Such notice 42 shall appear in all major languages spoken in the jurisdiction of such 43 election. Such information shall also be made available to local govern- 44 ments, municipalities, and community boards for publication on any publ- 45 ic-facing internet website, web application, web domain or digital 46 application, including a social network or search engine, to the extent 47 that such publication is practicable. If constitutional amendments, or 48 questions are to be submitted to the voters of the state, the notice, 49 including any online notice, shall state that fact and that a copy of 50 each such amendment or question may be obtained at the board of 51 elections, by any voter. Such publication shall [be in] include, but not 52 be limited to, two newspapers published within the county. If the county 53 contains a city or cities, at least one of such newspapers shall be 54 published in the city, or the largest city, if there be more than one.S. 9376 3 1 In the case of a village election, such publication shall be made in a 2 newspaper of general circulation in such village and shall include an 3 abstract of any proposition to be voted upon at such election. 4 At least twenty-five days prior to a general, special, or village 5 election, and consistently through the date of such election, the state 6 board of elections shall use its website and social media channels to 7 notify voters of such election and direct voters to information 8 contained in the relevant county board's online notice pursuant to this 9 subdivision. 10 § 6. Subdivision c of section 4-132 of the election law, as amended by 11 section 3 of part XX of chapter 55 of the laws of 2019, is amended to 12 read as follows: 13 c. A booth or device in each election district for the use of voters 14 marking ballots. Such booth or device shall be so constructed as to 15 permit the voter to mark his or her ballot in secrecy and shall be 16 furnished at all times with [an appropriate marking device] a pencil 17 having black graphite or a pen having black or blue ink. Ballot marking 18 devices shall be maintained and serviced prior to each election. Paper- 19 work shall be created and signed by the commissioners that each ballot 20 marking device that is intended to be put into use in the upcoming 21 election has been serviced and is in good working condition. 22 § 7. Section 7-118 of the election law is amended by adding a new 23 subdivision 5 to read as follows: 24 5. Any determinations regarding the form and content of ballots and 25 ballot envelopes, including but not limited to the determination of 26 candidates and questions to appear on the ballot pursuant to section 27 4-114 of this chapter and the certification of ballots pursuant to this 28 title or any other relevant provision of this chapter, shall be proposed 29 publicly at least thirty days prior to adoption, and an opportunity 30 shall be given for the public to comment on the form and content of the 31 ballots. Such comments shall be purely advisory. 32 § 8. The election law is amended by adding a new section 8-107 to read 33 as follows: 34 § 8-107. Choice of polling place. Any voter registered to vote in any 35 election district within a county shall be entitled to vote at any poll- 36 ing place within that county. Each board of elections shall ensure that 37 each polling place within its jurisdiction shall have sufficient ballots 38 for each election district to facilitate this section. The state board 39 of elections shall promulgate regulations to ensure that auditing of 40 votes shall remain simple, accurate, affordable, and secure, including 41 by requiring marks on ballots to determine the relevant election 42 district so ballots can be quickly and easily sorted by election 43 district. Nothing in this section shall be read to permit a board of 44 elections to reduce the number of polling places below existing require- 45 ments. 46 § 9. Subdivision 3 of section 8-600 of the election law, as added by 47 chapter 6 of the laws of 2019, is amended to read as follows: 48 3. Any voter may vote at any polling place for early voting estab- 49 lished pursuant to subdivision two of this section in the county where 50 such voter is registered to vote[; provided, however, if it is impracti-51cal to provide each polling place for early voting all of the election52district ballots or if early voting at any such polling place makes53ensuring that no voter has not previously voted early during such54election, the board of elections may assign election districts to a55particular early voting poll site]. All voters in each county shall have 56 one or more polling places at which they are eligible to vote throughoutS. 9376 4 1 the early voting period on a substantially equal basis. [If the board of2elections does not agree by majority vote to plan to assign election3districts to early voting poll sites, all voters in the county must be4able to vote at any poll site for early voting in the county.] 5 § 10. Subdivision 1 of section 5-206 of the election law, as amended 6 by chapter 263 of the laws of 1991, is amended to read as follows: 7 1. Each political party or independent body duly nominating or enti- 8 tled to nominate candidates for offices to be filled at the election 9 may, by a writing signed by the duly authorized chairman or secretary of 10 the county, city, town or village committee of such political party or 11 independent body, and delivered to and filed with one of the inspectors 12 of election, appoint not more than two watchers to attend any meeting or 13 meetings of the inspectors for an election district held for the regis- 14 tration of voters thereof. Additionally, the committee on open govern- 15 ment may, by a writing signed by a designee of the committee, and deliv- 16 ered to and filed with one of the inspectors of election, appoint as 17 many watchers as the committee deems appropriate. Any resident of New 18 York state may apply to be a watcher, and the committee shall appoint 19 all qualified applicants subject to limits in quantity that they shall 20 deem reasonable. If more qualified individuals apply than the committee 21 deems able to serve as watchers without creating a disruption to the 22 process, the committee shall select the most qualified applicants to 23 serve as watchers. Partisan affiliation, or lack thereof, shall not be a 24 valid criterion to determine qualification or lack thereof. 25 § 11. Subdivision 9 of section 5-210 of the election law, as amended 26 by chapter 44 of the laws of 2016, is amended to read as follows: 27 9. The county board of elections shall, promptly and in any event, not 28 later than twenty-one days after receipt by it of the application, veri- 29 fy the identity of the applicant. In order to do so, the county board of 30 elections shall utilize the information provided in the application and 31 shall attempt to verify such information with the information provided 32 by the department of motor vehicles, social security administration and 33 any other lawful available information source. If the county board of 34 elections is unable to verify the identity of the applicant within twen- 35 ty-one days of the receipt of the application, it shall immediately take 36 steps to confirm that the information provided by the applicant was 37 accurately utilized by such county board of elections, was accurately 38 verified with other information sources and that no data entry error, or 39 other similar type of error, occurred. Following completion of the 40 preceding steps, the county board of elections shall mail (a) a notice 41 of its approval, (b) a notice of its approval which includes an indi- 42 cation that such board has not yet been able to verify the identity of 43 the applicant and a request for more information so that such verifica- 44 tion may be completed, or (c) a notice of its rejection of the applica- 45 tion to the applicant in a form approved by the state board of 46 elections. Notices of approval, notices of approval with requests for 47 more information or notices of rejection shall be sent by nonforwardable 48 first class or return postage guaranteed mail on which is endorsed such 49 language designated by the state board of elections to ensure postal 50 authorities do not forward such mail but return it to the board of 51 elections with forwarding information, when it cannot be delivered as 52 addressed and which contains a request that any such mail received for 53 persons not residing at the address be dropped back in the mail. The 54 voter's registration and enrollment shall be complete upon receipt of 55 the application by the appropriate county board of elections. The fail- 56 ure of a county board of elections to verify an applicant's identityS. 9376 5 1 shall not be the basis for the rejection of a voter's application, 2 provided, however, that such verification failure shall be the basis for 3 requiring county board of elections to take the additional verification 4 steps provided by this chapter. The notice shall also advise the regis- 5 trant of the date when his registration and enrollment is effective, of 6 the date and the hours of the next regularly scheduled primary or gener- 7 al election in which he will be eligible to vote, of the location of the 8 polling [place] places of the election district and county in which he 9 is or will be a qualified voter, whether such polling [place is] places 10 are accessible to physically handicapped voters, an indication that 11 physically handicapped voters or voters who are ill or voters who will 12 be out of the city or county on the day of the primary or general 13 election, may obtain an absentee ballot and the phone number to call for 14 absentee ballot applications, the phone numbers to call for location of 15 polling places, to obtain registration forms and the phone number to 16 call to indicate that the voter is willing to serve on election day as 17 an inspector, poll clerk or interpreter. The notice of approval, notice 18 of approval with request for more information or notice of rejection 19 shall also advise the applicant to notify the board of elections if 20 there is any inaccuracy. The form of such mail notification shall be 21 prescribed by the state board of elections and shall contain such other 22 information and instructions as it may reasonably require to carry out 23 the purposes of this section. The request for more information shall 24 inform the voter that "THE FAILURE TO CONTACT THE BOARD OF ELECTIONS AND 25 CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDI- 26 TIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE 27 POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If such notice is 28 returned undelivered without a new address, the board shall forthwith 29 send such applicant a confirmation notice pursuant to the provisions of 30 section 5-712 of this article and place such applicant in inactive 31 status. The state board of elections shall prepare uniform notices by 32 this section as provided for in subdivision eight of section 3-102 of 33 this chapter. 34 § 12. Subdivision 1 of section 5-226 of the election law is amended to 35 read as follows: 36 1. If any voter has been registered in a wrong election district, the 37 board of elections shall, if he is a qualified voter in any election 38 district within the jurisdiction of such board, change his registration 39 to the correct election district. The board of elections shall thereupon 40 give immediate notice by mail to such voter that his registration has 41 been corrected, and also the location of the polling [place] places of 42 the election district in which he is a qualified voter. 43 § 13. Subdivision 1 of section 5-500 of the election law, as amended 44 by chapter 373 of the laws of 1978, is amended to read as follows: 45 1. There shall be two records of the registration of each voter. 46 Except as otherwise provided in this chapter, one record shall be sent, 47 at the time of every election, to the polling [place] places where the 48 voter is entitled to vote, and shall be known as the "registration poll 49 record". Between elections it shall be kept in the main office or a 50 branch office of the board of elections. The other record shall be kept 51 constantly in such main office or branch office and shall be known as 52 the "central file registration record". The two types of records shall 53 be prepared in different colors. 54 § 14. Subdivision 1 of section 5-601 of the election law, as amended 55 by chapter 599 of the laws of 1991, is amended to read as follows:S. 9376 6 1 1. [A physically disabled voter whose polling place is located in a2building that is not accessible shall be entitled to vote in any other3election district whose polling place is located in a building which is4accessible, provided that the candidates and ballot proposals on the5ballot in such other election district are the same as those on the6ballot in the election district in which such voter resides.] Each coun- 7 ty is required to provide accessible polling places. 8 § 15. Subdivision 26 of section 7-104 of the election law, as added by 9 chapter 411 of the laws of 2019, is amended to read as follows: 10 26. All paper ballots of the same kind for the same [polling place] 11 election district shall be identical. Each voter is entitled to the use 12 of an individual, durable, voter-verifiable paper ballot of the voter's 13 vote that shall be privately and independently marked in the polling 14 place and made available for private and independent inspection and 15 verification by the voter before the voter's vote is cast and counted, 16 and provide for the voter's ability to privately and independently 17 change such votes or correct any error before the ballot is cast and 18 counted. For purposes of this subdivision, the term "individual, 19 voter-verifiable paper ballot" means either: (a) a paper ballot marked 20 by the voter by hand; or (b) a paper ballot marked through the use of a 21 nontabulating ballot marking device or system, provided that voters 22 shall have both options available in every polling place, and further 23 provided that machines purchased prior to the effective date of this 24 section may continue to be used. 25 § 16. Subdivision 3 of section 7-106 of the election law, as amended 26 by chapter 411 of the laws of 2019, is amended to read as follows: 27 3. All paper ballots of the same kind for the same [polling place] 28 election district shall be identical. 29 § 17. Subdivision 6 of section 7-122 of the election law, as amended 30 by chapter 411 of the laws of 2019, is amended to read as follows: 31 6. On the reverse side of such inner affirmation envelope shall be 32 printed the following statement: 33 AFFIRMATION 34 I do declare that I am a citizen of the United States, that I am duly 35 registered in the election district shown on the reverse side of this 36 envelope and I am qualified to vote in such district; that I will be 37 unable to appear personally on the day of the election for which this 38 ballot is voted at [the] a polling place [of the election district] in 39 which I am a qualified voter because of the reason given on my applica- 40 tion heretofore submitted; that I have not qualified nor do I intend to 41 vote elsewhere, that I have not committed any act nor am I under any 42 impediment which denies me the right to vote. 43 I hereby declare that the foregoing is a true statement to the best of 44 my knowledge and belief, and I understand that if I make any material 45 false statement in the foregoing statement of absentee voter, I shall be 46 guilty of a misdemeanor. 47 Date.................20..... ..................................... 48 Signature or mark of voter 49 ..................................... 50 Signature of Witness (required only 51 if voter does not sign his or her own 52 name)S. 9376 7 1 ..................................... 2 Address of Witness 3 § 18. Subdivision 3 of section 8-100 of the election law is amended to 4 read as follows: 5 3. In any election district in which a primary of any party is uncon- 6 tested, no primary of such party shall be held. In any election district 7 in which the primaries of all parties are uncontested on the day of any 8 primary election, no primaries shall be held on such day [and the poll-9ing place shall not be opened for voting]. 10 § 19. Paragraph (i) of subdivision 1 of section 8-102 of the election 11 law, as amended by chapter 164 of the laws of 2010, is amended to read 12 as follows: 13 (i) Inspect and test the ballot scanner and ballot marking device to 14 see that [it is] they are in good working order. If the ballot marking 15 device is a tabulating machine, the tabulating function shall be tested. 16 Inspect the placement of privacy booths to preserve the secrecy of 17 voting; inspect the screen of the ballot scanner and ballot marking 18 device; inspect the polling place to make certain there is no way that 19 anyone can view any voting action by a voter at the ballot scanner, 20 ballot marking device, or in a privacy booth; and affix a conspicuous 21 notice, in the form prescribed by the state board of elections, in a 22 prominent place near the ballot scanner and in the privacy booth, 23 instructing the voter on how to properly mark a ballot in order to have 24 his or her vote counted. Such notice shall be printed in English and 25 such other languages as the board of elections may determine to be 26 appropriate. 27 § 20. Subdivision 14 of section 8-407 of the election law, as added by 28 chapter 296 of the laws of 1988, is amended to read as follows: 29 14. Any person, political committee or independent body entitled to 30 appoint watchers for the election district in which any such facility is 31 located at the election for which such absentee ballots are cast, shall 32 be entitled to appoint a watcher to attend such board of inspectors at 33 such facility. The committee on open government shall appoint any quali- 34 fied individual who has applied to be a watcher at such facility subject 35 to logistical limits of space and expediency. 36 § 21. Paragraph (g) of subdivision 3 of section 8-414 of the election 37 law, as added by chapter 727 of the laws of 2021, is amended to read as 38 follows: 39 (g) counted or rejected such voter's completed absentee ballot and, if 40 rejected, a brief statement of the reason for rejection and instructions 41 on how to cure pursuant to subdivision three of section 9-209 of this 42 chapter. 43 § 22. Subdivisions 1 and 2 of section 8-500 of the election law, as 44 amended by chapter 418 of the laws of 2019, are amended to read as 45 follows: 46 1. At any general, special, town or village election, any party 47 committee, any independent body whose candidates are upon the ballot, 48 and any political committee supporting or opposing a ballot proposal may 49 have for each [election district three] polling place four watchers at 50 any one time, not more than one of whom may be within the guard rail at 51 any one time. Watchers shall be appointed by the chair or other officer 52 of any such party committee, independent body or political committee. 53 Additionally, the committee on open government shall appoint all quali- 54 fied applicants to serve as watchers at any polling place for which they 55 apply, subject to limits in quantity that the committee shall deemS. 9376 8 1 reasonable. If more qualified individuals apply than the committee deems 2 able to serve as watchers without creating a disruption to the process, 3 the committee shall select the most qualified applicants to serve as 4 watchers. Partisan affiliation, or lack thereof, shall not be a valid 5 criterion to determine qualification or lack thereof. 6 2. At any primary election, any party committee and any candidate on 7 the ballot may have for each [election district three] polling place 8 four watchers at any one time, not more than one of whom may be within 9 the guard rail at any one time. Watchers shall be appointed by the chair 10 or other officer of any such party committee or by any candidate. Addi- 11 tionally, the committee on open government shall appoint all qualified 12 applicants to serve as watchers at any polling place for which they 13 apply, subject to limits in quantity that the committee shall deem 14 reasonable. If more qualified individuals apply than the committee deems 15 able to serve as watchers without creating a disruption to the process, 16 the committee shall select the most qualified applicants to serve as 17 watchers. Partisan affiliation, or lack thereof, shall not be a valid 18 criterion to determine qualification or lack thereof. 19 § 23. Subdivision 1 of section 9-102 of the election law, as amended 20 by chapter 437 of the laws of 2019, is amended to read as follows: 21 1. As soon as the polls of the election are closed, the inspectors of 22 election thereat shall, in the order set forth herein: (a) place an 23 inspector at the ballot scanner to prevent further voting; (b) reconcile 24 the paper ballots pursuant to section 9-106 of this title; (c) remove 25 surplus ballots, if any, pursuant to section 9-108 of this title; (d) 26 scan the ballots contained in the emergency box or other secure storage 27 container pursuant to section 9-110 of this title; (e) hand count and 28 secure ballots that cannot be scanned pursuant to section 9-110 of this 29 title; (f) initiate the ballot scanner, close the poll mechanism, print 30 the tabulated results tape, [and] post the results tape [or] publicly, 31 outside the guard rail where any member of the public can view, photo- 32 graph, and video it, and announce its contents [or both]; (g) remove one 33 of the portable memory devices from the ballot scanner for the purpose 34 of reporting the unofficial tally of election results pursuant to 35 section 9-126 of this title; (h) post or announce the results of any 36 hand counts and sign the return of canvass pursuant to subdivisions 2 37 and 3 of this section; (i) close, lock and seal the machine; and (j) 38 sign the close of poll certificate, as provided by the board of 39 elections. 40 § 24. Paragraphs (a) and (b) of subdivision 2 of section 9-102 of the 41 election law, as amended by chapter 437 of the laws of 2019, are amended 42 to read as follows: 43 (a) The inspectors shall canvass the ballot scanner tabulated results 44 by printing the results tape in the presence of the watchers and all 45 other persons who may be lawfully within the polling place, giving full 46 view of the tabulated results tape numbers, and printing extra copies 47 thereof for each person present who requests a copy. An inspector shall, 48 under the scrutiny of an inspector of a different political party, 49 [either] both post the results tape [or] publicly, outside the guard 50 rail where any member of the public can view, photograph and video it 51 and read and announce in the order of the offices as their titles are 52 arranged on the tabulated results tape, in distinct tones the public 53 office or party position, candidate name, political party and the 54 results as shown on the tabulated results tape and then shall announce 55 the number of write-in votes recorded for each office. The inspectorsS. 9376 9 1 shall also in the same manner post [or] and announce the results for 2 each ballot proposal. 3 (b) The results on the tabulated results tape shall be entered on or 4 the tabulated results tape (representing the aggregate results of votes 5 cast on the ballot scanner or the results by election district as appli- 6 cable) shall be affixed to the return of canvass for that ballot scanner 7 or election district pursuant to section 9-120 of this title by an 8 inspector under the scrutiny of an inspector of a different political 9 party, in the space indicated. If any election day paper ballots were 10 hand counted pursuant to this section and subdivision two of section 11 9-110 of this title, an inspector shall, under the scrutiny of an 12 inspector of a different political party, [either] both post [or] 13 publicly, outside the guard rail where any member of the public can 14 view, photograph and video it and read and announce the results of such 15 hand count. The tally sheet of any such hand counting shall be signed by 16 the inspectors conducting same and affixed to or recorded on the return 17 of canvass. The return of canvass and tabulated results tape shall be 18 signed by two inspectors of each major political party. 19 § 25. Paragraph (a) of subdivision 3 of section 9-102 of the election 20 law, as amended by chapter 437 of the laws of 2019, is amended to read 21 as follows: 22 (a) During the canvass time any candidate or duly accredited watcher 23 who may desire to be present shall be admitted to the polling place. 24 Such candidate or duly accredited watcher shall be given a copy of the 25 poll tapes as long as such copies are able to be produced by the machine 26 and written requests of such copies are presented to the local board of 27 elections, in advance in writing, or in person to the inspector, either 28 verbally or in writing, at least half an hour prior to the closing of 29 the polls. During the proclamation of the result, ample opportunity 30 shall be given to any person lawfully present to compare the results so 31 posted or announced with the sum of the votes appearing on the tabulated 32 results tape and any hand counted election day ballots, if any, and any 33 necessary corrections shall then and there be made on the return of 34 canvass by the inspectors. Thereafter, the voting machine shall be 35 closed and locked. The first copy of the results tape for each voting 36 machine [should] shall be posted publicly outside the guard rail where 37 any member of the public can view, photograph and video it on the wall 38 of the polling place forthwith; provided, however, that if only one copy 39 of such results tape can be printed by any such machine at any election, 40 such copy shall be used in preparation of the returns of canvass 41 required by this title and any member of the public who is present and 42 wishes to may view, photograph and video it. Any poll watcher who has 43 requested access shall be permitted to view the number of voters who 44 have signed in at each table, the summary report of voters who have 45 signed in, the public and protective counter numbers for each scanner, 46 as well as verify that the electronic poll book router is working 47 correctly. Poll watchers may also confirm that the ballot-marking device 48 was working correctly and that access compliant with the Americans with 49 Disabilities Act of 1990 to the polling location is available. 50 § 26. Subdivision 5 of section 9-102 of the election law, as amended 51 by chapter 437 of the laws of 2019, is amended to read as follows: 52 5. The inspector or other courier assigned by the board filing the 53 returns shall deliver to the board or officer from whom received, the 54 keys of the voting machine, enclosed in a sealed envelope having 55 indorsed thereon a certificate of the inspectors stating the number of 56 the machine, the election district(s), ward(s) or assembly district(s)S. 9376 10 1 where it has been used, the number on the seal and the number on the 2 protective counter. In the city of New York, at least two police offi- 3 cers or peace officers designated by the police commissioner of such 4 city shall provide such delivery of the devices. 5 § 27. Subdivision 2 of section 9-124 of the election law, as amended 6 by chapter 437 of the laws of 2019, is amended to read as follows: 7 2. Each box, envelope, or container containing the ballots and stubs, 8 if any, and all items described in subdivision one of this section shall 9 be deposited by [an inspector] at least two inspectors designated for 10 that purpose with the [officer or board] officers from whom or which the 11 board of inspectors received it. In the city of New York, every such 12 box, envelope, or container shall be delivered at the polling place to 13 at least two police or peace officers designated by the police commis- 14 sioner of such city, who shall deposit them with the board of elections. 15 § 28. Paragraphs (b) and (c) of subdivision 3 of section 9-124 of the 16 election law, as amended by chapter 437 of the laws of 2019, are amended 17 to read as follows: 18 (b) Records and supplies to be filed with a city, town or village 19 clerk shall be so filed or delivered immediately after the completion of 20 the returns of the canvass, by [an inspector] at least two inspectors 21 designated by the board of inspectors. Returns, papers and registration 22 poll records or computer generated registration lists to be filed with 23 the board of elections shall be so filed by the chairman of the board of 24 inspectors and at least one inspector of a different party within twen- 25 ty-four hours after the completion of such returns. The [person] at 26 least two people receiving such returns in the board of elections shall 27 give to the [person] people delivering the returns a receipt stating 28 therein the date and hour of delivery, the name of the person making the 29 delivery, and to whom said returns were delivered and shall keep a 30 duplicate of said receipt on file in the office of the board of 31 elections. Election returns shall always be under the supervision of at 32 least two people at all times, or shall be in a locked, unoccupied area 33 under video surveillance. 34 (c) In the city of New York, the board of inspectors shall deliver to 35 at least two police or peace officers designated by the police commis- 36 sioner of such city, at the polling place the registration poll records 37 or computer generated registration lists, challenge report, records, 38 keys, other election supplies, including two copies of the returns of 39 the canvass and any absentee, military, special federal, or special 40 presidential ballots which may have been delivered to the poll site 41 during election day, voted ballots, stubs, open packages of unused 42 ballots and ballot envelopes. Such police or peace officers shall file 43 the returns, the package of void and protested ballots, if any, and the 44 absentee, military, special federal, special presidential ballots which 45 may have been delivered to the poll site during election day; and emer- 46 gency ballots, stubs and ballot envelopes, if any, [within twenty-four47hours] immediately after the close of the polls, in the office of the 48 board of elections or its branch office within the borough, as the case 49 may be. Such returns and other election documents shall be delivered 50 into the custody of at least two election officials, who after receiving 51 such returns shall give the persons delivering the returns a receipt 52 stating therein the date and hour of delivery, the name of the persons 53 making the delivery, and to whom said returns were delivered and shall 54 keep a duplicate of said receipt on file in the office of the board of 55 elections.S. 9376 11 1 § 29. Subdivision 1 of section 9-126 of the election law, as amended 2 by chapter 334 of the laws of 2013, is amended to read as follows: 3 1. In an election district of the county of Nassau, the chair of the 4 board of inspectors, upon the completion of the return of canvass, and 5 the announcement thereof in a primary or general election, shall deliver 6 to [the] at least two police [officer] officers on duty at the polling 7 place a statement signed by the board of inspectors stating the number 8 of votes received by each person voted for and the number of votes cast 9 for and the number of votes cast against each ballot proposal. Such 10 [officer] officers forthwith shall convey the statement to the station- 11 house of the police precinct in which such place of canvass is located, 12 and shall deliver it inviolate to the officer in command thereof, who in 13 the presence of such officers shall immediately transmit by telegraph, 14 telephone or messenger, the contents of such statement to the officer 15 commanding the police department of such county who, in the presence of 16 such officers, shall immediately make the contents of such statement 17 available for the press. The chair of the board of inspectors in each 18 election district of such county shall make two copies of the statement 19 hereinbefore provided for, which shall be taken to the police station, 20 whence one such copy shall be transmitted without delay to police head- 21 quarters, or such other location as may be designated by the officer 22 commanding the police department, where it shall be made immediately 23 available to the press for purposes of tabulation. The other copy shall 24 be transmitted within twenty-four hours to the board of elections. All 25 statements made pursuant to this section shall be preserved for six 26 months by the police and shall be presumptive evidence of the result of 27 such canvass. 28 § 30. Subdivision 2 of section 9-126 of the election law, as amended 29 by chapter 334 of the laws of 2013, is amended to read as follows: 30 2. (a) Except in the county of Nassau, the chair of the board of 31 inspectors, upon completion of the return of canvass and the announce- 32 ment thereof, in a general or primary election, in the presence of such 33 officers, shall immediately communicate such results by telephone, or 34 delivery, to the board of elections. Such results shall include the 35 number of votes received by each person voted for and the number of 36 votes cast for and against each ballot proposal. 37 (b) The board of elections shall remain open after the close of the 38 polls and shall receive and tabulate the voting results as they are 39 received. The board of elections shall make such unofficial results 40 available to the media and the state board of elections, and shall post 41 running totals in a public place and on the internet as the results 42 become known to it. Such results shall be posted by election district, 43 broken down by category, including early, election day, absentee, mili- 44 tary, overseas, affidavit and write in. Results will be available in 45 spreadsheet format. 46 § 31. Subdivision 3 of section 9-126 of the election law, as amended 47 by chapter 334 of the laws of 2013, is amended to read as follows: 48 3. The results made public pursuant to this section shall be released 49 as the unofficial tally. (a) These results shall be released within 50 twenty-four hours of the close of the polls on election day for all 51 results tabulated before six o'clock a.m. on the day after the election. 52 Results shall be updated no less frequently than once every twenty-four 53 hours for results tabulated during each twenty-four hour period ending 54 at six o'clock a.m. until all results are tabulated.S. 9376 12 1 (b) Results shall be released on an election district level and shall 2 include results broken down by if the ballot was an election day, early, 3 absentee, military, or provisional ballot. 4 (c) Results shall be available on the board of elections website and 5 shall be able to be downloaded in spreadsheet format. 6 (d) Upon final certification of an election, final results shall be 7 posted in the same manner as other results are posted in accordance with 8 this subdivision. 9 (e) The board of elections shall promulgate regulations to maximize 10 data transparency in reporting of results, while ensuring both data 11 security and the privacy of each voter's votes. 12 § 32. Paragraph (c) of subdivision 8 of section 9-209 of the election 13 law, as added by chapter 763 of the laws of 2021, is amended to read as 14 follows: 15 (c) Each such candidate, political party, government entity, and inde- 16 pendent body shall be entitled to appoint such number of watchers to 17 attend upon each central board of canvassers as the candidate, political 18 party, government entity, or independent body was entitled to appoint at 19 [the] such election in any [election district] one polling place for 20 which the central board of canvassers is designated to act. The commit- 21 tee on open government shall appoint any qualified individual who has 22 applied to be a watcher at such facility subject to logistical limits of 23 space and expediency. 24 § 33. Subdivision 1 of section 9-211 of the election law, as amended 25 by chapter 763 of the laws of 2021, is amended to read as follows: 26 1. Within fifteen days after each general or special election, within 27 thirteen days after every primary election, and within seven days after 28 every village election conducted by the board of elections, the board of 29 elections or a bipartisan committee appointed by such board shall audit 30 the voter verifiable audit records from three percent of voting machines 31 or systems within the jurisdiction of such board. Such audits may be 32 performed manually or via the use of any automated tool authorized for 33 such use by the state board of elections which is independent from the 34 voting system it is being used to audit. Voting machines or systems 35 shall be selected for audit through a random, manual process. At least 36 five days prior to the time fixed for such selection process, the board 37 of elections shall send notice by first class mail to each candidate, 38 political party and independent body entitled to have had watchers pres- 39 ent at the polls in any election district in such board's jurisdiction. 40 Such notice shall state the time and place fixed for such random 41 selection process. The audit shall be conducted in the same manner, to 42 the extent applicable, as a canvass of paper ballots. Each candidate, 43 political party, government entity or independent body entitled to 44 appoint watchers to attend at a polling place shall be entitled to 45 appoint such number of watchers to observe the audit. The committee on 46 open government shall appoint any qualified individual who has applied 47 to be a watcher at such facility subject to logistical limits of space 48 and expediency. 49 § 34. The election law is amended by adding a new section 9-213 to 50 read as follows: 51 § 9-213. Hearings. 1. Within two weeks of a board of elections trans- 52 mitting certified statements from canvassing boards, the board of 53 elections shall hold a public hearing to allow voters and non-voters to 54 give feedback on the election process.S. 9376 13 1 2. Hearings shall be recorded and open to the public, and they shall 2 be made reasonably accessible for anyone who wishes to participate both 3 in person and virtually. 4 § 35. This act shall take effect January 1, 2023; provided, however, 5 that if chapter 727 of the laws of 2021 shall not have taken effect on 6 or before such date then section twenty-one of this act shall take 7 effect on the same date and in the same manner as such chapter of the 8 laws of 2021 takes effect; provided further, however, that if chapter 9 763 of the laws of 2021 shall not have taken effect on or before such 10 date then sections thirty-two and thirty-three of this act shall take 11 effect on the same date and in the same manner as such chapter of the 12 laws of 2021 takes effect.
