Bill Text: NY A10175 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to election canvass procedures; removes certain provisions relating to return of canvass.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-06-21 - REFERRED TO RULES [A10175 Detail]
Download: New_York-2011-A10175-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10175
I N A S S E M B L Y
May 10, 2012
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to canvass procedures; and
to repeal section 9-128 of the election law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "election
2 night poll site procedures act of 2012".
3 S 2. Section 9-100 of the election law, as amended by chapter 234 of
4 the laws of 1976, is amended to read as follows:
5 S 9-100. Canvass; required. At the close of the polls the inspectors
6 of election shall, in the order set forth herein, [lock the machine
7 against voting] CLOSE POLLS, account for the paper ballots, canvass the
8 machine, cast and canvass all the ballots, canvass and ascertain the
9 total vote and they shall not adjourn until the canvass be fully
10 completed.
11 S 3. Section 9-102 of the election law, subdivisions 1, 2, and 3 as
12 amended by chapter 163 of the laws of 2010, subdivisions 4 and 6 as
13 amended by chapter 9 of the laws of 1978, is amended to read as follows:
14 S 9-102. Canvass; general provisions for. 1. [As] EXCEPT IN THE CITY
15 OF NEW YORK, AS soon as the polls of the election are closed, the
16 inspectors of election thereat shall, in the order set forth herein;
17 [a.)] (A) place an inspector at the ballot scanner to prevent further
18 voting; [b.)] (B) reconcile the paper ballots pursuant to section 9-106
19 of this title; [c.)] (C) remove surplus ballots, if any, pursuant to
20 section 9-108 of this title; [d.)] (D) scan the ballots contained in the
21 emergency box or other secure storage container pursuant to section
22 9-110 of this title; [e.)] (E) hand count and secure ballots that cannot
23 be scanned pursuant to section 9-110 of this title; [f.)] (F) close the
24 poll, print the tabulated [result] RESULTS tape, announce the result and
25 sign the return of canvass pursuant to subdivisions 2 and 3 of this
26 section; [g.)] (G) close, lock and seal the machine; and [h.)] (H) sign
27 the close of poll certificate, as provided by the board of elections.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15772-01-2
A. 10175 2
1 1-A. IN THE CITY OF NEW YORK, AS SOON AS THE POLLS OF THE ELECTION ARE
2 CLOSED, THE INSPECTORS OF ELECTION THEREAT SHALL, IN THE ORDER SET FORTH
3 HEREIN: (A) PLACE AN INSPECTOR AT THE BALLOT SCANNER TO PREVENT FURTHER
4 VOTING; (B) SCAN THE BALLOTS CONTAINED IN THE EMERGENCY BOX OR OTHER
5 SECURE STORAGE CONTAINER PURSUANT TO SECTION 9-110 OF THIS TITLE, UNLESS
6 IT IS NOT POSSIBLE TO DETERMINE WHICH SUCH BALLOTS SHOULD BE SO SCANNED
7 BECAUSE THE ACCOUNTING AND RECONCILIATION REQUIRED BY SECTION 9-106 OF
8 THIS TITLE CANNOT BE COMPLETED WITHOUT FIRST PRINTING THE RESULTS TAPE;
9 (C) INITIATE THE BALLOT SCANNER'S CLOSE THE POLL MECHANISM, PRINT THE
10 TABULATED RESULTS TAPE, AND POST THE RESULTS TAPE OR ANNOUNCE ITS
11 CONTENTS OR BOTH; (D) REMOVE ONE OF THE PORTABLE MEMORY DEVICES FROM THE
12 BALLOT SCANNER FOR THE PURPOSE OF REPORTING THE UNOFFICIAL TALLY OF
13 ELECTION RESULTS PURSUANT TO SECTION 9-126 OF THIS TITLE; (E) RECONCILE
14 THE PAPER BALLOTS PURSUANT TO SECTION 9-106 OF THIS TITLE; (F) REMOVE
15 SURPLUS BALLOTS, IF ANY, PURSUANT TO SECTION 9-108 OF THIS TITLE; (G)
16 HAND COUNT AND SECURE BALLOTS THAT CANNOT BE SCANNED PURSUANT TO SECTION
17 9-110 OF THIS TITLE; (H) POST OR ANNOUNCE THE RESULTS OF ANY HAND COUNTS
18 AND SIGN THE RETURN OF CANVASS PURSUANT TO SUBDIVISIONS TWO AND THREE OF
19 THIS SECTION; (I) CLOSE, LOCK AND SEAL THE MACHINE; AND (J) SIGN THE
20 CLOSE OF POLL CERTIFICATE, AS PROVIDED BY THE BOARD OF ELECTIONS.
21 2. (a) The inspectors shall canvass the [machine vote by printing the]
22 ballot scanner tabulated RESULTS BY PRINTING THE results tape in the
23 presence of the watchers and all other persons who may be lawfully with-
24 in the polling place, giving full view of the tabulated [result] RESULTS
25 tape numbers. [The chair of the board of inspectors] AN INSPECTOR shall,
26 under the scrutiny of an inspector of a different political party,
27 EITHER POST THE RESULTS TAPE OR READ AND ANNOUNCE in the order of the
28 offices as their titles are arranged on the tabulated [result] RESULTS
29 tape, [read and announce] in distinct tones the public office or party
30 position, candidate name, political party and the [result] RESULTS as
31 shown on the tabulated [result] RESULTS tape and then shall announce the
32 [aggregate] number of write-in votes recorded for each office. The
33 [chair] INSPECTORS shall also in the same manner POST OR announce the
34 [vote on] RESULTS FOR each ballot proposal.
35 (B) The results on the tabulated [result] RESULTS tape shall be
36 entered on or the tabulated [result] RESULTS tape (REPRESENTING THE
37 AGGREGATE RESULTS OF VOTES CAST ON THE BALLOT SCANNER AND THE RESULTS BY
38 ELECTION DISTRICT AS APPLICABLE) shall be affixed to the return of
39 canvass for that ballot scanner or election district pursuant to section
40 9-120 of this title by an inspector[,] under the scrutiny of an inspec-
41 tor of a different political party, in the space indicated[; provided,
42 however, if]. IF any election day paper ballots were hand counted pursu-
43 ant to subdivision two of section 9-110 of this title, [the results] AN
44 INSPECTOR SHALL, UNDER THE SCRUTINY OF AN INSPECTOR OF A DIFFERENT POLI-
45 TICAL PARTY, EITHER POST OR READ AND ANNOUNCE THE RESULTS OF SUCH HAND
46 COUNT. THE TALLY SHEET of ANY such hand counting shall be SIGNED BY THE
47 INSPECTORS CONDUCTING SAME, AFFIXED TO OR recorded on the return of
48 canvass and THE AGGREGATE NUMBERS FROM SUCH HAND COUNTING SHALL be added
49 to the AGGREGATE numbers reported from the tabulated results tape IN THE
50 SPACE PROVIDED ON THE RETURN OF CANVASS to produce a single AGGREGATE
51 total result for each candidate and ballot proposal. The return of
52 canvass[, which shall show the aggregate number of votes cast for each
53 office, the number of votes cast for each candidate appearing on the
54 ballot for each office and the aggregate number of write-in votes for
55 each office, shall then be filled out. Such return] and tabulated
56 [result] RESULTS tape shall be signed by each inspector.
A. 10175 3
1 [(b)] (C) The [printed or photographic record produced by such
2 machine] RESULTS TAPE shall include a certificate which the inspectors
3 shall sign, stating the number of voters as shown on the public counter
4 and the number on the protective counter.
5 [(c)] (D) If the machine is provided with a removable electronic or
6 computerized device which records the total of the votes cast on such
7 machine (SUCH DEVICE, FOR PURPOSES OF THIS SECTION A "PORTABLE MEMORY
8 DEVICE"), such device shall be removed from the machine after copies of
9 the [printed record] RESULTS TAPE, sufficient to meet the requirements
10 of this chapter and the regulations of the board of elections, have been
11 produced. After the PORTABLE MEMORY device is removed from the machine,
12 the inspectors shall place such device in the secure envelope or other
13 secure container provided for its return to the board of elections. Such
14 secure container shall be signed by the inspectors upon the securing of
15 the device therein.
16 3. (a) During the canvass time any candidate or duly accredited watch-
17 er who may desire to be present shall be admitted to the polling place.
18 During the proclamation of the result, ample opportunity shall be given
19 to any person lawfully present to compare the results so announced with
20 the sum of the votes appearing on the tabulated [result] RESULTS tape
21 and any hand counted election day ballots, if any, and any necessary
22 corrections shall then and there be made on the return of canvass by the
23 inspectors. Thereafter, the voting machine shall be closed and locked.
24 The first copy of the [printed record] RESULTS TAPE for each voting
25 machine should be posted on the wall of the polling place forthwith;
26 provided, however, that if only one copy of such [printed record]
27 RESULTS TAPE can be printed by any such machine at any election, such
28 copy shall be used in preparation of the [statement of] returns OF
29 CANVASS required by this title.
30 (b) Election day paper ballots that have not been scanned shall be
31 canvassed and tallied pursuant to sections 9-108 and 9-110 of this
32 title.
33 (c) At a primary election, the ballots of the parties represented on
34 the board of inspectors shall be canvassed before the ballots of other
35 parties are canvassed.
36 4. All types of ballots, enclosed in properly sealed envelopes respec-
37 tively, and properly endorsed shall be filed with the original return of
38 canvass, AS PROVIDED FOR IN SECTION 9-106 OF THIS TITLE.
39 5. The inspector OR OTHER COURIER ASSIGNED BY THE BOARD filing the
40 returns shall deliver to the board or officer from whom received, the
41 keys of the voting machine, enclosed in a sealed envelope having
42 indorsed thereon a certificate of the inspectors stating the number of
43 the machine, the election [district, ward or assembly district]
44 DISTRICT(S), WARD(S) OR ASSEMBLY DISTRICT(S) where it has been used, the
45 number on the seal and the number on the protective counter. IN THE
46 CITY OF NEW YORK, POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE
47 POLICE COMMISSIONER OF SUCH CITY MAY ALSO PROVIDE SUCH DELIVERY OF THE
48 DEVICES.
49 6. The room in which such canvass is made shall be clearly lighted,
50 ingress and egress through the main entrance thereto shall be freely
51 permitted, and such canvass shall be made in plain view of those enti-
52 tled to be present. The ballots shall at all times be kept on top of the
53 table and in plain view of all persons entitled to examine them, until
54 they have been [tied into bundles] RE-PACKAGED AND SEALED FOR RETURN TO
55 THE BOARD OF ELECTIONS as elsewhere provided. If requested by any person
56 entitled to be present the inspectors shall, during the canvass of any
A. 10175 4
1 ballots, exhibit to him OR HER the ballot then being canvassed, fully
2 opened and in such a condition that he OR SHE may fully and carefully
3 read and examine it, but no inspector shall allow any ballot to be taken
4 from his OR HER hand or to be touched by any person but an inspector.
5 S 4. Section 9-106 of the election law, as amended by chapter 163 of
6 the laws of 2010, is amended to read as follows:
7 S 9-106. Official ballots; accounting for number used. [At the close
8 of] AFTER the polls OF THE ELECTION ARE CLOSED and before any boxes or
9 [envelope] ENVELOPES containing voted ballots are opened, the clerks, or
10 if there be no clerks, two inspectors representing different parties
11 designated by the chair, shall account for all of the paper ballots
12 furnished to the [election district] POLL SITE. On a reconciliation form
13 supplied by the board of elections, they shall count, verify and record
14 on such form the number of unused ballots, the number of ballots
15 [cancelled] SPOILED before delivery to voters in the poll site, the
16 number of ballots spoiled and returned by voters and the number of affi-
17 davit ballots cast. These numbers shall be added to the number of
18 ballots cast as recorded by the public counter number appearing on the
19 ballot scanner [screen] SCREEN(S). The sum shall be recorded on the
20 ballot reconciliation form. This resulting number shall be deducted from
21 the number of ballots originally delivered to the poll site, and the
22 remainder number shall be determined to be the number of ballots secured
23 in the emergency ballot [box] BOX(ES) or other secure storage [contain-
24 er] CONTAINER(S) provided by the board of elections. This remainder
25 number shall be recorded on the ballot reconciliation form[.
26 Such]. IF SUCH REMAINDER NUMBER IS ZERO AND THERE ARE NO BALLOTS IN
27 THE EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE CONTAINER(S), INSPEC-
28 TORS SHALL INITIATE THE BALLOT SCANNERS' CLOSE THE POLLS MECHANISM AND
29 PRODUCE RESULTS TAPES, UNLESS IN THE CITY OF NEW YORK SUCH SCANNERS'
30 CLOSE THE POLLS MECHANISM HAS ALREADY BEEN INITIATED AND THE RESULTS
31 TAPES ALREADY PRODUCED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE-A OF
32 SECTION 9-102 OF THIS TITLE. THE clerks or inspectors shall then sepa-
33 rate, label and place each type of ballot in the box or container
34 provided by the board of elections, and securely lock or seal each such
35 box or container. They shall then sign such reconciliation form. IF
36 SUCH REMAINDER NUMBER IS NOT ZERO OR THERE ARE UNSCANNED VOTED ELECTION
37 DAY BALLOTS IN THE EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE
38 CONTAINER(S), THE INSPECTORS OR CLERKS SHALL PROCEED WITH THE PROCESS
39 PROVIDED FOR IN SECTION 9-108 AND 9-110 OF THIS TITLE. UPON COMPLETION
40 OF SUCH PROCESS, THE CLERKS OR INSPECTORS SHALL THEN SEPARATE, LABEL AND
41 PLACE EACH TYPE OF BALLOT IN THE BOX(ES) OR CONTAINER(S) PROVIDED BY THE
42 BOARD OF ELECTIONS, AND SECURELY LOCK OR SEAL EACH SUCH BOX(ES) OR
43 CONTAINER(S). THEY SHALL THEN SIGN SUCH AMENDED RECONCILIATION FORM.
44 S 5. Subdivision 2 of section 9-108 of the election law is amended to
45 read as follows:
46 2. If the ballots found in any box shall be more than the number of
47 ballots so shown to have been deposited therein, such ballots shall all
48 be replaced, without being unfolded, in the box from which they were
49 taken, and shall be thoroughly mingled therein, and one of the inspec-
50 tors shall, with his OR HER back to the box, publicly draw out as many
51 ballots as shall be equal to such excess and, without unfolding them
52 forthwith shall enclose them in an envelope which he OR SHE shall then
53 and there seal and endorse "excess ballots [from the box for ballots]
54 for the general election, presidential electors, or party ballots or
55 otherwise", as the case may be, and shall sign his OR HER name thereto,
56 and place such envelope in the box for defective or spoiled ballots.
A. 10175 5
1 S 6. Section 9-110 of the election law, as amended by chapter 163 of
2 the laws of 2010, is amended to read as follows:
3 S 9-110. Canvass; election day paper ballots that have not been
4 scanned; method of. 1. Election day paper ballots that have not been
5 scanned because a ballot scanner was not available or because the ballot
6 has been abandoned by a voter at the ballot scanner shall be canvassed
7 as follows: a bipartisan team of inspectors shall cast such ballots on a
8 ballot scanner, if one is available, at the close of the polls before
9 the tabulated [result] RESULTS tape is printed. If a ballot does not
10 scan because of an overvote or blank ballot warning on the ballot scan-
11 ner screen, the inspectors shall cause the ballot scanner to eject such
12 ballot to be hand counted pursuant to subdivision two of this section.
13 2. Election day paper ballots that cannot be scanned, as provided in
14 subdivision one of this section shall be canvassed as follows: The
15 inspectors shall unfold each ballot of the kind then to be canvassed and
16 shall place all such ballots upon the table in one pile face down. The
17 chair shall take up each ballot in order, turn it face up and announce
18 loudly and distinctly the vote registered on each section, in the order
19 of the sections upon the ballot, or that the ballot is void or the
20 section blank, as the case may be. If more than one person is to be
21 elected to the same office or party position the chair, if the ballot is
22 void or the ballot or section is wholly blank, shall announce as many
23 void or blank votes as there are persons to be elected to the office or
24 party position. On a primary ballot a "section," as the term is used
25 above, shall mean the space occupied by the title of an office or party
26 position, names of candidates therefor and the voting squares therewith.
27 The canvass of each ballot must be completed before the next ballot is
28 taken up. When the tallies of the votes of all such ballots are proven,
29 and the results announced, the [inspectors'] INSPECTORS shall AFFIX
30 TALLY SHEETS TO OR record the results FROM SAME on the return of
31 canvass.
32 3. Nothing in this section shall be construed to require or permit
33 affidavit ballots to be canvassed at the poll site on election day.
34 S 7. Section 9-112 of the election law, subdivisions 1, 2, 4 and 5 as
35 amended by chapter 352 of the laws of 1986, subdivision 6 as amended by
36 chapter 647 of the laws of 1982, is amended to read as follows:
37 S 9-112. Canvass ballots; validity of ballot. 1. The whole ballot is
38 void if the voter (a) does any act extrinsic to the ballot such as
39 enclosing any paper or other article in the folded ballot or (b) defaces
40 or tears the ballot except that a ballot card which is in perforated
41 sections shall not be void because it has been separated into sections
42 or (c) makes any erasure thereon or (d) makes any mark thereon other
43 than a cross X mark or a check V mark in a voting square, or filling in
44 the voting square, or [punching a hole in the voting square of a ballot
45 intended to be counted by machine or] (e) writes, other than in the
46 space provided, a name for the purpose of voting; except that an erasure
47 or a mark other than a valid mark made in a voting square shall not make
48 the ballot void, but shall render it blank as to the office, party posi-
49 tion or ballot proposal in connection with which it is made. No ballot
50 shall be declared void or partially blank because a mark thereon is
51 irregular in form. The term "voting square" shall include the voting
52 space provided for a voter to mark his OR HER vote for a candidate or
53 ballot proposal.
54 2. A cross X mark or a check V mark, made by the voter, in a voting
55 square [at the left of] CORRESPONDING TO a candidate's name, or the
56 voter's filling in such voting square, [or punching a hole in the voting
A. 10175 6
1 square of a ballot intended to be counted by machine,] shall be counted
2 as a vote for such candidate.
3 3. A vote shall be counted for a person whose name is written in under
4 the title of an office or party position only if such name is written by
5 the voter upon the ballot in the proper space provided therefor and only
6 if such name is not printed under the title of such office or position.
7 A voting mark before or after such written in name shall not invalidate
8 the vote.
9 4. If, in the case of a candidate whose name appears on the ballot
10 more than once for the same office, the voter shall make a cross X mark
11 or a check V mark in each of two or more voting squares before the
12 candidate's name, [or fill in such voting squares or punch out the hole
13 in two or more voting squares of a ballot intended to be counted by
14 machine,] only the first vote shall be counted for such candidate. If
15 such vote was cast for the office of governor, such vote shall not be
16 recorded in the tally sheet or returns in a separate place on the tally
17 sheet as a vote not for any particular party or independent body.
18 5. If a voter makes a cross X mark or a check V mark in a voting
19 square following the word "Yes" or the word "No", before a ballot
20 proposal, or fills in such square, [or punches out the hole in a voting
21 square of a ballot intended to be counted by machine,] such mark shall
22 be counted in the affirmative or negative, as so indicated.
23 6. If the voter marks more names than there are persons to be elected
24 or nominated for an office, or elected to a party position, or makes a
25 mark in a place or manner not herein provided for, or if for any reason
26 it is impossible to determine the voter's choice of a candidate or
27 candidates for an office or party position or his OR HER vote upon a
28 ballot proposal, his OR HER vote shall not be counted for such office or
29 position or upon the ballot proposal, but shall be returned as a blank
30 vote thereon.
31 S 8. Section 9-114 of the election law, subdivision 1 as amended by
32 chapter 647 of the laws of 1982, is amended to read as follows:
33 S 9-114. Counting ballots; objections to. 1. If objection be made to
34 the counting of any ballot or as to any section of any such ballot, the
35 board of inspectors shall forthwith and [for] BEFORE canvassing any
36 other ballot or section thereof, rule upon the objection. If the
37 objection be continued after this ruling, the [chairman] CHAIR shall
38 write in ink upon the back of the ballot a memorandum of the ruling and
39 objection. The memorandum of the ruling shall be in the words "Counted
40 void", or "Counted blank", or "Counted for (naming the candidate or
41 candidates or the presidential ticket)", or, in the case of a ballot
42 proposal "Counted for Proposal No.......," or "Counted against Proposal
43 No........", as the case may be. The memorandum of the objection shall
44 be in the words "Objected to", followed by a brief statement of the
45 nature of the objection, the name and address of the challenger and the
46 signature of the [chairman] CHAIR.
47 2. Any ballot to which objection is not taken but which is wholly
48 blank or is void shall be indorsed in ink by the [chairman] CHAIR of the
49 board of inspectors with the words "Wholly blank" or "Void", as the case
50 may be, and signed by the [chairman] CHAIR.
51 3. When all the ballots of any one kind shall have been canvassed, the
52 inspectors shall ascertain the total number of [wholly blank and void]
53 ALL SUCH ballots and the number of ballots [as] to which any objection
54 was taken and shall enter such numbers in the place provided therefor in
55 the inspectors' returns of such canvass.
A. 10175 7
1 S 9. Subdivision 1 of section 9-116 of the election law, as amended by
2 chapter 13 of the laws of 1988, is amended to read as follows:
3 1. As each vote for any office or position, or upon any ballot
4 proposal, is announced, a clerk, or, if there be no clerks, an inspec-
5 tor, under the scrutiny of a clerk or inspector of opposite political
6 [faith] PARTY immediately shall tally it in [black] ink, with a downward
7 stroke from right to left upon the official tally sheet. Each such clerk
8 or inspector, as he OR SHE tallies a vote, shall announce clearly the
9 name of the person for whom he OR SHE tallies it, or that he OR SHE
10 tallies the vote blank or void as the case may be, or, in the case of a
11 ballot proposal, that he OR SHE tallies the vote "yes" or "no". When the
12 name of a person voted for is not printed on the tally sheet, such
13 clerks or inspectors shall write it in full thereon in ink in the place
14 provided therefor.
15 S 10. Section 9-120 of the election law, subdivision 1 as amended by
16 chapter 262 of the laws of 1986, is amended to read as follows:
17 S 9-120. Returns of canvass; generally. 1. Upon completing the
18 canvass, the inspectors shall prepare their returns of the canvass[.
19 They shall use therefor the] ON A printed form supplied to them [and, at
20 an election which was not conducted on a voting machine which produces a
21 printed or photographic record, they shall carefully insert thereon, in
22 ink, the appropriate names, words and figures according to the
23 directions printed in the form provided by this chapter] BY THE BOARD OF
24 ELECTIONS. The [printed or photographic record produced by the voting
25 machine] RESULTS TAPE(S) and the tally [sheets] SHEET(S) for any office,
26 party position or ballot proposal, if separate from [the statement of
27 return] SUCH FORM, shall be securely attached by the [chairman] CHAIR to
28 such [statement of] FORM returns AND IT SHALL NOT BE NECESSARY TO TRAN-
29 SCRIBE INFORMATION PROVIDED BY SUCH RESULTS TAPES ONTO SUCH FORM. [A
30 printed or photographic record] RESULTS TAPE(S) or a tally [sheet]
31 SHEET(S), when so annexed, or forming part of the same paper as the
32 return, shall be treated as part of the return. The inspectors, and
33 clerks, if any, shall subscribe in ink the certificate at the end of the
34 set of returns. Each set of returns shall be securely sealed in an
35 envelope properly endorsed on the outside by the inspectors. At an
36 election at which voting machines are not used, the ballot boxes, if
37 any, supplied by the board of elections, may when securely locked be
38 used instead of sealed envelopes.
39 2. The form for the return or returns of the canvass shall be printed
40 in a [form] FORMAT approved by the state board of elections. THE FORM
41 OF SUCH RETURN OF CANVASS SHALL PROVIDE FOR THE AGGREGATE TOTAL NUMBER
42 OF VOTES FOR EACH CANDIDATE IN EACH CONTEST, OR UPON EACH BALLOT
43 PROPOSAL, INCLUDING THE AGGREGATE TOTAL NUMBER OF UNSCANNED VOTED
44 BALLOTS CANVASSED IN ACCORDANCE WITH SECTION 9-110 OF THIS TITLE.
45 3. IN THE EVENT THAT THERE IS MORE THAN ONE ELECTION DISTRICT AT A
46 POLLING PLACE, THE BOARD OF ELECTIONS MAY AUTHORIZE THE USE OF ONE OR
47 MORE RETURNS OF CANVASS THAT CONSOLIDATE THE REPORT OF THE NUMBER OF
48 VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL, FOR MORE THAN
49 ONE ELECTION DISTRICT OR MORE THAN ONE BALLOT SCANNER, PROVIDED THAT
50 SUCH CONSOLIDATED RETURNS OF CANVASS HAVE ATTACHED TO THEM THE RESULTS
51 TAPE(S) PRODUCED BY THE BALLOT SCANNER(S) THAT IDENTIFY THE NUMBER OF
52 VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL, WITHIN EACH SUCH
53 ELECTION DISTRICT AND EACH SUCH BALLOT SCANNER.
54 S 11. Section 9-122 of the election law, as amended by chapter 647 of
55 the laws of 1982, is amended to read as follows:
A. 10175 8
1 S 9-122. Proclamation of result. Upon the completion of the canvass
2 and of the returns of the canvass, the [chairman] CHAIR of the board of
3 inspectors shall make public oral proclamation of the [whole] AGGREGATE
4 TOTAL number of votes cast at the election at the polling place for all
5 candidates for each office, or, if it be a primary election, the [whole]
6 AGGREGATE TOTAL number of party votes of each party so cast for all
7 candidates for each office or party position; upon each ballot proposal,
8 if any[; the whole number of votes given for each person, with the title
9 of the office or party position for which he was named on the ballot;
10 and the whole number of votes given, respectively, for and against each
11 such ballot proposal, if any] AND THE AGGREGATE TOTAL NUMBER OF WRITE-IN
12 VOTES RECORDED FOR EACH OFFICE.
13 S 12. Section 9-124 of the election law, as amended by chapter 9 of
14 the laws of 1978, subdivision 1 as amended by chapter 659 of the laws of
15 1994, subdivision 2 as amended by chapter 413 of the laws of 1991, and
16 subdivision 3 as amended by chapter 91 of the laws of 1992, is amended
17 to read as follows:
18 S 9-124. Returns of canvass, procedure after. 1. After the returns of
19 the canvass are made out and signed, the inspectors shall enclose the
20 protested[,] AND void [and wholly blank] ballots and the ballots cast in
21 affidavit envelopes in a separate sealed envelope or envelopes and
22 endorse thereon a certificate signed by each of them stating the number
23 of the district and the number of ballots contained in such envelope or
24 envelopes. THE INSPECTORS SHALL ENCLOSE THE UNSCANNED VOTED BALLOTS
25 CANVASSED IN ACCORDANCE WITH SECTION 9-110 OF THIS TITLE IN A SEPARATE
26 SEALED ENVELOPE AND ENDORSE THEREON A CERTIFICATE SIGNED BY EACH OF THEM
27 STATING THE NUMBER OF THE DISTRICT AND THE NUMBER OF BALLOTS CONTAINED
28 IN SUCH ENVELOPE. The inspectors shall then [tie up] PACKAGE and seal
29 the other voted ballots and [return] PLACE them [to the ballot box which
30 contained them] IN ONE OR MORE BOXES OR CONTAINERS, AND INCLUDE WITHIN
31 SUCH BOXES OR CONTAINERS ONE PORTABLE MEMORY DEVICE FROM EACH BALLOT
32 SCANNER PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 9-102 OF
33 THIS TITLE, AND ANY ABSENTEE, MILITARY, SPECIAL FEDERAL, OR SPECIAL
34 PRESIDENTIAL BALLOTS WHICH MAY HAVE BEEN DELIVERED TO THE POLL SITE
35 DURING ELECTION DAY, and securely lock and seal [the box, except that at
36 elections in which voting machines are used, absentee and military,
37 special federal, special presidential and emergency ballots and stubs,
38 if any, shall be sealed in the envelope or envelopes provided therefor]
39 SUCH BOXES OR CONTAINERS. NOTWITHSTANDING THE PRECEDING SENTENCE, ONE
40 PORTABLE MEMORY DEVICE FROM EACH BALLOT SCANNER MAY BE ENCLOSED WITH THE
41 CORRESPONDING RESULTS TAPE IN ONE OR MORE SEALED CONTAINERS AND TRANS-
42 PORTED PRIOR TO AND SEPARATELY FROM OTHER MATERIALS REFERENCED IN THIS
43 SECTION FOR THE PURPOSE OF USING SUCH DEVICE TO PROVIDE AN UNOFFICIAL
44 TALLY OF RESULTS AS REQUIRED BY SECTION 9-126 OF THIS TITLE.
45 2. Each box [or], envelope, OR CONTAINER containing the ballots and
46 stubs, if any, AND ALL ITEMS DESCRIBED IN SUBDIVISION ONE OF THIS
47 SECTION shall be deposited by an inspector designated for that purpose
48 with the officer or board from whom or which the board of inspectors
49 received it[, together with the separate sealed package of unused
50 ballots]. In the city of New York, every SUCH box [or], envelope
51 [containing any ballots or stubs and the package of unused ballots
52 shall], OR CONTAINER MAY INSTEAD be delivered at the polling place[, at
53 the conclusion of the canvass,] to [the] police or peace [officer] OFFI-
54 CERS DESIGNATED BY THE POLICE COMMISSIONER OF SUCH CITY, who shall
55 deposit them with the board of elections.
A. 10175 9
1 3. [The books, returns and other papers enumerated below shall be
2 disposed of as follows, except as otherwise provided:
3 (a) In a city or town, except the city of New York and in a village in
4 which elections are conducted by the board of elections, the] (A) EXCEPT
5 IN THE CITY OF NEW YORK, THE registration poll records or computer
6 generated registration lists, the returns OF CANVASS with RESULTS TAPES
7 AND tally sheets, IF ANY, annexed, the [absentee and military, special
8 federal, special presidential and emergency] VOTED ballots, stubs,
9 OPENED PACKAGES OF UNUSED BALLOTS and ballot envelopes, ANY ABSENTEE,
10 MILITARY, SPECIAL FEDERAL, OR SPECIAL PRESIDENTIAL BALLOTS WHICH MAY
11 HAVE BEEN DELIVERED TO THE POLL SITE DURING ELECTION DAY, the challenge
12 records and the package of protested[,] AND void [and wholly blank]
13 ballots shall be filed with the board of elections[, and the flag shall
14 be returned to it] IMMEDIATELY UPON THE CLOSE OF THE POLLS AND THE
15 COMPLETION OF ALL RELATED TASKS IN COMPLIANCE WITH THIS TITLE.
16 (b) [Records and supplies to be filed with a city, town or village
17 clerk shall be so filed or delivered immediately after the completion of
18 the returns of the canvass, by an inspector designated by the board of
19 inspectors. Returns, papers and registration poll records or computer
20 generated registration lists to be filed with the board of elections
21 shall be so filed by the chairman of the board of inspectors within
22 twenty-four hours after the completion of such returns. The person
23 receiving such returns in the board of elections shall give to the
24 person delivering the returns a receipt stating therein the date and
25 hour of delivery, the name of the person making the delivery, and to
26 whom said returns were delivered and shall keep a duplicate of said
27 receipt on file in the office of the board of elections.
28 (c) The county legislative body of any county in the state except the
29 counties comprising the city of New York may, by a resolution, ordinance
30 or act as required, provide that all returns, papers, registration poll
31 records or computer generated registration lists, books, records, docu-
32 ments, and other election supplies and materials shall be filed by the
33 chairman of the board of inspectors of elections in a city or town and
34 in a village in which elections are conducted by the board of elections,
35 with the city, town or village clerk of such city, town or village in
36 the county within eighteen hours after the closing of the polls at any
37 primary, general, special or village election and the city, town or
38 village clerk upon receiving such returns, papers, registers or lists,
39 books, records, documents, and other election supplies and materials
40 shall give to the person making the delivery, a receipt stating therein
41 the date and hour of the delivery and the name of such person. Within
42 twenty-four hours after the closing of the polls at any primary, gener-
43 al, special or village election, the city, town or village clerk shall
44 file all returns, papers, registration poll records or computer gener-
45 ated registration lists, books, records, documents and other election
46 supplies and materials filed with him by the inspectors of the election
47 districts of the city, town or village, with the board of elections of
48 the county and the board of elections shall give to the city, town or
49 village clerk a receipt therefor stating therein the date and hour of
50 the delivery and the name of the person making the delivery and to whom
51 it was made, and shall keep a duplicate of said receipt on file in the
52 office of the board of elections.
53 (d)] In the city of New York, the board of inspectors[,] shall deliver
54 to [the] police or peace [officer] OFFICERS DESIGNATED BY THE POLICE
55 COMMISSIONER OF SUCH CITY, at the polling place the registration poll
56 records or computer generated registration lists, challenge report,
A. 10175 10
1 records, keys, the flag, other election supplies, INCLUDING the returns
2 of the canvass and [the] ANY absentee [and], military, special federal,
3 OR special presidential [and emergency ballots,] BALLOTS WHICH MAY HAVE
4 BEEN DELIVERED TO THE POLL SITE DURING ELECTION DAY, VOTED BALLOTS,
5 stubs, OPEN PACKAGES OF UNUSED BALLOTS and ballot envelopes. [The] SUCH
6 police or peace [officer] OFFICERS shall file the returns, the package
7 of void[,] AND protested [and wholly blank] ballots, if any, and the
8 absentee [and], military, special federal, special presidential, and
9 emergency ballots, stubs and ballot envelopes, if any, [within twenty-
10 four hours] IMMEDIATELY after the [close of the polls] COMPLETION OF THE
11 CANVASS, in the office of the board of elections or its branch office
12 within the borough, as the case may be.
13 (C) THE PERSON RECEIVING SUCH RETURNS IN THE BOARD OF ELECTIONS SHALL
14 GIVE TO THE PERSON DELIVERING THE RETURNS A RECEIPT STATING THEREIN THE
15 DATE AND HOUR OF DELIVERY, THE NAME OF THE PERSON MAKING THE DELIVERY,
16 AND TO WHOM SAID RETURNS WERE DELIVERED AND SHALL KEEP A DUPLICATE OF
17 SUCH RECEIPT ON FILE IN THE OFFICE OF THE BOARD OF ELECTIONS.
18 S 13. Section 9-126 of the election law, the section heading as
19 amended by chapter 9 of the laws of 1978, subdivision 1 and paragraph
20 (a) of subdivision 2 as amended by chapter 647 of the laws of 1982,
21 subdivision 3 as added by chapter 262 of the laws of 1986, and paragraph
22 (b) of subdivision 3 as amended by chapter 356 of the laws of 1986, is
23 amended to read as follows:
24 S 9-126. [Return of canvass; delivery of results to police and unoffi-
25 cial] UNOFFICIAL tally of election results. 1. In an election district
26 [of a city and] of the county of Nassau, the [chairman] CHAIR of the
27 board of inspectors, upon the completion of the return of canvass, and
28 the announcement thereof in a primary or general election, shall deliver
29 to the police officer on duty at the polling place a statement signed by
30 the board of inspectors stating the number of votes received by each
31 person voted for and the number of votes cast for and the number of
32 votes cast against each ballot proposal. Such officer forthwith shall
33 convey the statement to the stationhouse of the police precinct in which
34 such place of canvass is located, and shall deliver it inviolate to the
35 officer in command thereof, who shall immediately transmit by telegraph,
36 telephone or messenger, the contents of such statement to the officer
37 commanding the police department of such [city or] county who shall
38 immediately make the contents of such statement available for the press.
39 [In the city of New York and the county of Nassau the chairman] THE
40 CHAIR of the board of inspectors in each election district OF SUCH COUN-
41 TY shall make two copies of the statement hereinbefore provided for,
42 which shall be taken to the police station, whence one such copy shall
43 be transmitted without delay to police headquarters, or such other
44 location as may be designated by the officer commanding the police
45 department, where it shall be made immediately available to the press
46 for purposes of tabulation. The other copy shall be transmitted within
47 twenty-four hours to the board of elections. All statements made pursu-
48 ant to this section shall be preserved for six months by the police and
49 shall be presumptive evidence of the result of such canvass.
50 2. (a) [In an election district outside of a city, except] EXCEPT in
51 the county of Nassau, the [chairman] CHAIR of the board of inspectors,
52 upon completion of the return of canvass and the announcement thereof,
53 in a general or primary election, shall immediately communicate such
54 results by telephone, or delivery, to the [county] board of elections.
55 Such results shall include the number of votes received by each person
A. 10175 11
1 voted for and the number of votes cast for and against each ballot
2 proposal.
3 (b) The [county] board of elections shall remain open after the close
4 of the polls and shall receive and tabulate the voting results [from
5 throughout the county] as they are received. The board OF ELECTIONS
6 shall MAKE SUCH UNOFFICIAL RESULTS AVAILABLE TO THE MEDIA AND THE STATE
7 BOARD OF ELECTIONS, AND SHALL post running totals in a public place AND
8 ON THE INTERNET as the results become known to it.
9 [(c)] 3. The results made public pursuant to this section [are to]
10 SHALL be released as the unofficial tally and shall not be admissible in
11 evidence in any action or proceeding contesting the result of any
12 election.
13 [(d) Any police department of a city outside the city of New York and
14 the county of Nassau receiving statements as provided in subdivision one
15 of this section shall immediately communicate the contents thereof to
16 the county board of elections at a location designated by it. In lieu of
17 requiring the delivery of statements to the police in cities outside of
18 the city of New York and the county of Nassau as provided in subdivision
19 one of this section, a]
20 4. A county board of elections may require the [chairman] CHAIR of the
21 board of inspectors in each election district [within such a city to
22 make a return of the vote pursuant to the provisions of this subdivi-
23 sion] TO REPORT UNOFFICIAL ELECTION NIGHT RESULTS BY TELEPHONE, FAX OR
24 OTHER MEANS. SUCH RESULTS SHALL INCLUDE THE TOTAL AGGREGATE NUMBER OF
25 VOTES RECEIVED BY EACH PERSON VOTED FOR, THE TOTAL AGGREGATE NUMBER OF
26 WRITE-INS AND THE NUMBER OF VOTES CAST FOR AND AGAINST EACH BALLOT
27 PROPOSAL.
28 [3.] 5. (a) The board of elections of counties in which voting
29 machines which have [removable electronic or computerized] PORTABLE
30 MEMORY devices [which record the total of the votes cast on such
31 machines] are used, may establish WRITTEN procedures CONSISTENT WITH THE
32 PROVISIONS OF THIS SECTION AND FILED WITH THE STATE BOARD OF ELECTIONS
33 by which such devices may be used [after the close of the polls] to
34 provide the unofficial tally of results required by this section.
35 (b) Such procedures may include: the installation, at the board of
36 elections or at town or city halls, police stations, sheriff's offices
37 or other public buildings, of machines which record and transmit the
38 totals recorded in such devices to the board of elections or directly to
39 a representative of the press; the delivery of the devices from the
40 polling places to such locations and the removal of such devices, by at
41 least two clerks or other agents of such board of elections of opposite
42 political parties, from the containers or envelopes in which they were
43 sealed at the polling places and the insertion of such devices into such
44 machines. IN THE CITY OF NEW YORK, POLICE OFFICERS OR PEACE OFFICERS
45 DESIGNATED BY THE POLICE COMMISSIONER OF SUCH CITY MAY ALSO PROVIDE SUCH
46 DELIVERY OF THE DEVICES.
47 (c) The board of elections shall provide containers, at all such
48 locations other than the offices of such board, into which all such
49 devices shall be placed by the clerks or other agents of such board of
50 elections after they are removed from such machines. Such containers
51 shall be sealed by such clerks or agents who shall also enter on a
52 certificate which shall be printed on each such container, the total
53 number of such devices placed in such container and the election
54 districts from which such devices came. Such clerks shall also sign such
55 certificate in the places provided.
A. 10175 12
1 (d) Such containers shall be delivered to the board of elections by
2 the public officials in whose offices such machines were installed with-
3 in twenty-four hours after the closing of the polls [and the]. IN THE
4 CITY OF NEW YORK, POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE
5 POLICE COMMISSIONER OF SUCH CITY MAY ALSO DELIVER SUCH CONTAINERS. THE
6 board of elections shall give such officials, POLICE OFFICERS, OR PEACE
7 OFFICERS a receipt therefor which states therein the date and hour of
8 delivery, the name of the person making the delivery and the name of the
9 person to whom such delivery was made. The board of elections shall keep
10 a duplicate of such receipt on file at the office of such board.
11 (e) The cost of installing such machines at locations other than the
12 board of elections and the cost of transmitting the results from such
13 machines may be paid by the board of elections or by a representative of
14 the press. If such results are transmitted from a location other than
15 the board of elections directly to a representative of the press, such
16 cost shall be paid by such representative of the press.
17 S 14. Section 9-128 of the election law is REPEALED.
18 S 15. This act shall take effect immediately and shall apply to any
19 election held after September 1, 2012.
