Bill Text: NY S07090 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to establishing the uniform election night procedure act.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ELECTIONS [S07090 Detail]
Download: New_York-2017-S07090-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7090 IN SENATE (Prefiled) January 3, 2018 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to establishing the "Uniform Election Night Procedure Act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Uniform Election Night Procedure Act". 3 § 2. Section 9-102 of the election law, as amended by chapter 334 of 4 the laws of 2013, is amended to read as follows: 5 § 9-102. Canvass; general provisions for. 1. [Except in the city of6New York, as] As soon as the polls of the election are closed, the 7 inspectors of election thereat shall, in the order set forth herein[;]: 8 (a) place an inspector at the ballot scanner to prevent further voting; 9 (b) reconcile the paper ballots pursuant to section 9-106 of this title; 10 (c) remove surplus ballots, if any, pursuant to section 9-108 of this 11 title; (d) scan the ballots contained in the emergency box or other 12 secure storage container pursuant to section 9-110 of this title; (e) 13 hand count and secure ballots that cannot be scanned pursuant to section 14 9-110 of this title; (f) initiate the ballot scanner, close the poll 15 mechanism, print the tabulated results tape, and post the results tape 16 or announce [the result] its contents or both; (g) remove one of the 17 portable memory devices from the ballot scanner for the purpose of 18 reporting the unofficial tally of election results pursuant to section 19 9-126 of this title; (h) post or announce the results of any hand counts 20 and sign the return of canvass pursuant to subdivisions 2 and 3 of this 21 section; [(g)] (i) close, lock and seal the machine; and [(h)] (j) sign 22 the close of poll certificate, as provided by the board of elections. 23 [1-a. In the city of New York, as soon as the polls of the election24are closed, the inspectors of election thereat shall, in the order set25forth herein: (a) place an inspector at the ballot scanner to prevent26further voting; (b) scan the ballots contained in the emergency box or27other secure storage container pursuant to section 9-110 of this title,EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02943-01-7S. 7090 2 1unless it is not possible to determine which such ballots should be so2scanned because the accounting and reconciliation required by section39-106 of this title cannot be completed without first printing the4results tape; (c) initiate the ballot scanner's close the poll mech-5anism, print the tabulated results tape, and post the results tape or6announce its contents or both; (d) remove one of the portable memory7devices from the ballot scanner for the purpose of reporting the unoffi-8cial tally of election results pursuant to section 9-126 of this title;9(e) reconcile the paper ballots pursuant to section 9-106 of this title;10(f) remove surplus ballots, if any, pursuant to this section and section119-108 of this title; (g) hand count and secure ballots that cannot be12scanned pursuant to this section and section 9-110 of this title; (h)13post or announce the results of any hand counts and sign the return of14canvass pursuant to subdivisions two and three of this section; (i)15close, lock and seal the machine; and (j) sign the close of poll certif-16icate, as provided by the board of elections.] 17 2. (a) The inspectors shall canvass the ballot scanner tabulated 18 results by printing the results tape in the presence of the watchers and 19 all other persons who may be lawfully within the polling place, giving 20 full view of the tabulated results tape numbers. An inspector shall, 21 under the scrutiny of an inspector of a different political party, 22 either post the results tape or read and announce in the order of the 23 offices as their titles are arranged on the tabulated results tape, in 24 distinct tones the public office or party position, candidate name, 25 political party and the results as shown on the tabulated results tape 26 and then shall announce the number of write-in votes recorded for each 27 office. The inspectors shall also in the same manner post or announce 28 the results for each ballot proposal. 29 (b) The results on the tabulated results tape shall be entered on or 30 the tabulated results tape (representing the aggregate results of votes 31 cast on the ballot scanner or the results by election district as appli- 32 cable) shall be affixed to the return of canvass for that ballot scanner 33 or election district pursuant to section 9-120 of this title by an 34 inspector under the scrutiny of an inspector of a different political 35 party, in the space indicated. If any election day paper ballots were 36 hand counted pursuant to this section and subdivision two of section 37 9-110 of this title, an inspector shall, under the scrutiny of an 38 inspector of a different political party, either post or read and 39 announce the results of such hand count. The tally sheet of any such 40 hand counting shall be signed by the inspectors conducting same and 41 affixed to or recorded on the return of canvass. The return of canvass 42 and tabulated results tape shall be signed by two inspectors of each 43 major political party. 44 (c) The results tape shall include a certificate which the inspectors 45 shall sign, stating the number of voters as shown on the public counter 46 and the number on the protective counter. 47 (d) If the machine is provided with a removable electronic or comput- 48 erized device which records the total of the votes cast on such machine 49 ([such device,] for purposes of this section a "portable memory 50 device"), such device shall be removed from the machine after copies of 51 the results tape, sufficient to meet the requirements of this chapter 52 and the regulations of the board of elections, have been produced. After 53 the portable memory device is removed from the machine, the inspectors 54 shall place such device in the secure envelope or other secure container 55 provided for its return to the board of elections. Such secure containerS. 7090 3 1 shall be signed by the inspectors upon the securing of the device there- 2 in. 3 3. (a) During the canvass time any candidate or duly accredited watch- 4 er who may desire to be present shall be admitted to the polling place. 5 During the proclamation of the result, ample opportunity shall be given 6 to any person lawfully present to compare the results so posted or 7 announced with the sum of the votes appearing on the tabulated results 8 tape and any hand counted election day ballots, if any, and any neces- 9 sary corrections shall then and there be made on the return of canvass 10 by the inspectors. Thereafter, the voting machine shall be closed and 11 locked. The first copy of the results tape for each voting machine 12 should be posted on the wall of the polling place forthwith; provided, 13 however, that if only one copy of such results tape can be printed by 14 any such machine at any election, such copy shall be used in preparation 15 of the returns of canvass required by this title. 16 (b) Election day paper ballots that have not been scanned shall be 17 canvassed and tallied pursuant to this section and sections 9-108 and 18 9-110 of this title. 19 (c) At a primary election, the ballots of the parties represented on 20 the board of inspectors shall be canvassed before the ballots of other 21 parties are canvassed. 22 4. All types of ballots, enclosed in properly sealed envelopes respec- 23 tively, and properly endorsed shall be filed with the original return of 24 canvass, as provided for in section 9-106 of this title. 25 5. The inspector or other courier assigned by the board filing the 26 returns shall deliver to the board or officer from whom received, the 27 keys of the voting machine, enclosed in a sealed envelope having 28 indorsed thereon a certificate of the inspectors stating the number of 29 the machine, the election district(s), ward(s) or assembly district(s) 30 where it has been used, the number on the seal and the number on the 31 protective counter. In the city of New York, police officers or peace 32 officers designated by the police commissioner of such city shall 33 provide such delivery of the devices. 34 6. The room in which such canvass is made shall be clearly lighted, 35 ingress and egress through the main entrance thereto shall be freely 36 permitted, and such canvass shall be made in plain view of those enti- 37 tled to be present. The ballots shall at all times be kept on top of the 38 table and in plain view of all persons entitled to examine them, until 39 they have been re-packaged and sealed for return to the board of 40 elections as elsewhere provided. If requested by any person entitled to 41 be present the inspectors shall, during the canvass of any ballots, 42 exhibit to him or her the ballot then being canvassed, fully opened and 43 in such a condition that he or she may fully and carefully read and 44 examine it, but no inspector shall allow any ballot to be taken from his 45 or her hand or to be touched by any person but an inspector. 46 § 3. Section 9-106 of the election law, as amended by chapter 334 of 47 the laws of 2013, is amended to read as follows: 48 § 9-106. Official ballots; accounting for number used. After the polls 49 of the election are closed and before any boxes or envelopes containing 50 voted ballots are opened, the clerks, or if there be no clerks, two 51 inspectors representing different parties designated by the chair, shall 52 account for all of the paper ballots furnished to the election district 53 or poll site. On a reconciliation form supplied by the board of 54 elections, they shall count, verify and record on such form the number 55 of unused ballots, the number of ballots spoiled before delivery to 56 voters in the poll site, the number of ballots spoiled and returned byS. 7090 4 1 voters and the number of affidavit ballots cast. These numbers shall be 2 added to the number of ballots cast as recorded by the public counter 3 number appearing on the ballot scanner screen(s) or results tape(s). The 4 sum shall be recorded on the ballot reconciliation form. This resulting 5 number shall be deducted from the number of ballots originally delivered 6 to the election district or poll site, and the remainder number shall be 7 determined to be the number of ballots secured in the emergency ballot 8 box(es) or other secure storage container(s) provided by the board of 9 elections. This remainder number shall be recorded on the ballot recon- 10 ciliation form. If such remainder number is zero and there are no 11 ballots in the emergency ballot box(es) or other such secure 12 container(s), inspectors shall initiate the ballot scanners' close the 13 polls mechanism and produce results tapes[, unless in the city of New14York such scanners' close the polls mechanism has already been initiated15and the results tapes already produced pursuant to paragraph (c) of16subdivision one-a of section 9-102 of this title]. The clerks or inspec- 17 tors shall then separate, label and place each type of ballot in the box 18 or container provided by the board of elections, and securely lock or 19 seal each such box or container and record such seal number on the 20 ballot reconciliation form. They shall then sign such reconciliation 21 form. If such remainder number is not zero or there are unscanned voted 22 election day ballots in the emergency ballot box(es) or other such 23 secure container(s), the inspectors or clerks shall proceed with the 24 process provided for in section 9-108 and 9-110 of this title. Upon 25 completion of such process, the clerks or inspectors shall then sepa- 26 rate, label and place each type of ballot in the box(es) or container(s) 27 provided by the board of elections, and securely lock or seal each such 28 box(es) or container(s). They shall then sign such amended reconcil- 29 iation form. 30 § 4. Section 9-110 of the election law, as amended by chapter 334 of 31 the laws of 2013, is amended to read as follows: 32 § 9-110. Canvass; election day paper ballots that have not been 33 scanned; method of. 1. Election day paper ballots that have not been 34 scanned because a ballot scanner was not available or because the ballot 35 has been abandoned by a voter at the ballot scanner shall be canvassed 36 as follows: a bipartisan team of inspectors shall cast such ballots on a 37 ballot scanner, if one is available, at the close of the polls before 38 the tabulated results tape is printed. If a ballot does not scan because 39 of an overvote or blank ballot warning on the ballot scanner screen, the 40 inspectors shall cause the ballot scanner to eject such ballot to be 41 hand counted pursuant to subdivision two of this section. 42 2. Election day paper ballots that cannot be scanned, as provided in 43 subdivision one [or one-a] of section 9-102 of this title as applicable 44 and subdivision one of this section shall be canvassed as follows: The 45 inspectors shall unfold each ballot of the kind then to be canvassed and 46 shall place all such ballots upon the table in one pile face down. The 47 chair shall take up each ballot in order, turn it face up and announce 48 loudly and distinctly the vote registered on each section, in the order 49 of the sections upon the ballot, or that the ballot is void or the 50 section blank, as the case may be. If more than one person is to be 51 elected to the same office or party position the chair, if the ballot is 52 void or the ballot or section is wholly blank, shall announce as many 53 void or blank votes as there are persons to be elected to the office or 54 party position. On a primary ballot a "section," as the term is used 55 above, shall mean the space occupied by the title of an office or party 56 position, names of candidates therefor and the voting squares therewith.S. 7090 5 1 The canvass of each ballot must be completed before the next ballot is 2 taken up. When the tallies of the votes of all such ballots are proven, 3 and the results announced, the inspectors shall affix tally sheets to or 4 record the results from same on the return of canvass. 5 3. Nothing in this section shall be construed to require or permit 6 affidavit ballots to be canvassed at the poll site on election day. 7 § 5. Subdivision 2 of section 9-112 of the election law, as amended by 8 chapter 334 of the laws of 2013, is amended to read as follows: 9 2. A cross X mark or a check V mark, made by the voter, in a voting 10 square at the left of a candidate's name, or the voter's filling in such 11 voting square, [or punching a hole in the voting square of a ballot12intended to be counted by machine,] shall be counted as a vote for such 13 candidate. 14 § 6. Subdivision 1 of section 9-114 of the election law, as amended by 15 chapter 334 of the laws of 2013, is amended to read as follows: 16 1. If objection be made to the counting of any ballot or as to any 17 section of any such ballot, the board of inspectors shall forthwith and 18 before canvassing any other ballot or section thereof, rule upon the 19 objection. If the objection be continued after this ruling, the chair or 20 an inspector under the scrutiny of an inspector of the opposite party 21 shall write in ink upon the back of the ballot a memorandum of the 22 ruling and objection. The memorandum of the ruling shall be in the words 23 "Counted void", or "Counted blank", or "Counted for (naming the candi- 24 date or candidates or the presidential ticket)", or, in the case of a 25 ballot proposal "Counted for Proposal No.......," or "Counted against 26 Proposal No........", as the case may be. The memorandum of the 27 objection shall be in the words "Objected to", followed by a brief 28 statement of the nature of the objection, the name and address of the 29 challenger and the signature of the chair or inspector. 30 § 7. Section 9-124 of the election law, as amended by chapter 334 of 31 the laws of 2013, is amended to read as follows: 32 § 9-124. Returns of canvass, procedure after. 1. After the returns of 33 the canvass are made out and signed, the inspectors shall enclose the 34 ballot stubs, protested and void ballots and the ballots cast in affida- 35 vit envelopes in [a] separate sealed [envelope] envelopes or [envelopes] 36 containers and endorse thereon a certificate signed by each of them 37 stating the number of the district and the number of ballots contained 38 in such [envelope] envelopes or [envelopes] containers. The inspectors 39 shall enclose the unscanned voted ballots canvassed in accordance with 40 section 9-110 of this title in a separate sealed envelope or container 41 and endorse thereon a certificate signed by each of them stating the 42 number of the district, ballot scanner identification information and 43 the number of ballots contained in such envelope or container. The 44 inspectors shall then package and seal the other voted ballots and place 45 them in one or more boxes or containers, and include within such boxes 46 or containers one portable memory device from each ballot scanner pursu- 47 ant to paragraph (d) of subdivision two of section 9-102 of this title, 48 and any absentee, military, special federal, or special presidential 49 ballots which may have been delivered to the poll site during election 50 day, and securely lock and seal such boxes or containers. Notwithstand- 51 ing the preceding sentence, such portable memory device from each ballot 52 scanner with the corresponding results tape may be enclosed in a sealed 53 container and transported prior to and separately from other materials 54 referenced in this section for the purpose of using such device to 55 provide an unofficial tally of results as required by section 9-126 of 56 this title.S. 7090 6 1 2. Each box, envelope, or container containing the ballots and stubs, 2 if any, and all items described in subdivision one of this section shall 3 be deposited by an inspector designated for that purpose with the offi- 4 cer or board from whom or which the board of inspectors received it. In 5 the city of New York, every such box, envelope, or container shall be 6 delivered at the polling place to police or peace officers designated by 7 the police commissioner of such city, who shall deposit them with the 8 board of elections. 9 3. (a) Except in the city of New York, the registration poll records 10 or computer generated registration lists, the returns of canvass with 11 results tapes and tally sheets, if any, annexed, the voted ballots, 12 stubs, opened packages of unused ballots and ballot envelopes, any 13 absentee, military, special federal, or special presidential ballots 14 which may have been delivered to the poll site during election day, the 15 challenge report records, keys and the package of protested and void 16 ballots shall be filed with the board of elections. 17 (b) Records and supplies to be filed with a city, town or village 18 clerk shall be so filed or delivered immediately after the completion of 19 the returns of the canvass, by an inspector designated by the board of 20 inspectors. Returns, papers and registration poll records or computer 21 generated registration lists to be filed with the board of elections 22 shall be so filed by the chairman of the board of inspectors within 23 twenty-four hours after the completion of such returns. The person 24 receiving such returns in the board of elections shall give to the 25 person delivering the returns a receipt stating therein the date and 26 hour of delivery, the name of the person making the delivery, and to 27 whom said returns were delivered and shall keep a duplicate of said 28 receipt on file in the office of the board of elections. 29 (c) [The county legislative body of any county in the state except the30counties comprising the city of New York may, by a resolution, ordinance31or act as required, provide that all returns, papers, registration poll32records or computer generated registration lists, books, records, docu-33ments, and other election supplies and materials shall be filed by the34chairman of the board of inspectors of elections in a city or town and35in a village in which elections are conducted by the board of elections,36with the city, town or village clerk of such city, town or village in37the county within eighteen hours after the closing of the polls at any38primary, general, special or village election and the city, town or39village clerk upon receiving such returns, papers, registers or lists,40books, records, documents, and other election supplies and materials41shall give to the person making the delivery, a receipt stating therein42the date and hour of the delivery and the name of such person. Within43twenty-four hours after the closing of the polls at any primary, gener-44al, special or village election, the city, town or village clerk shall45file all returns, papers, registration poll records or computer gener-46ated registration lists, books, records, documents and other election47supplies and materials filed with him by the inspectors of the election48districts of the city, town or village, with the board of elections of49the county and the board of elections shall give to the city, town or50village clerk a receipt therefor stating therein the date and hour of51the delivery and the name of the person making the delivery and to whom52it was made, and shall keep a duplicate of said receipt on file in the53office of the board of elections.54(d)] In the city of New York, the board of inspectors shall deliver to 55 police or peace officers designated by the police commissioner of such 56 city, at the polling place the registration poll records or computerS. 7090 7 1 generated registration lists, challenge report, records, keys, other 2 election supplies, including two copies of the returns of the canvass 3 and any absentee, military, special federal, or special presidential 4 ballots which may have been delivered to the poll site during election 5 day, voted ballots, stubs, open packages of unused ballots and ballot 6 envelopes. Such police or peace officers shall file the returns, the 7 package of void and protested ballots, if any, and the absentee, mili- 8 tary, special federal, special presidential[,] ballots which may have 9 been delivered to the poll site during election day; and emergency 10 ballots, stubs and ballot envelopes, if any, within twenty-four hours 11 after the close of the polls, in the office of the board of elections or 12 its branch office within the borough, as the case may be. 13 § 8. This act shall take effect immediately.
