S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2092
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  KAVANAGH,  WALKER, QUART, FAHY, OTIS, SIMON,
   ABINANTI, ROZIC, RYAN, GOTTFRIED, CUSICK, PAULIN,  SKOUFIS  --  Multi-
   Sponsored by -- M. of A. DINOWITZ, THIELE -- read once and referred to
   the Committee on Election Law
 
 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Uniform Election Night Procedure Act".
   § 2. Section 9-102 of the election law, as amended by chapter  334  of
 the laws of 2013, is amended to read as follows:
   §  9-102.  Canvass;  general provisions for. 1. [Except in the city of
 New York, as] AS soon as the polls  of  the  election  are  closed,  the
 inspectors  of election thereat shall, in the order set forth herein[;]:
 (a) place an inspector at the ballot scanner to prevent further  voting;
 (b) reconcile the paper ballots pursuant to section 9-106 of this title;
 (c)  remove  surplus  ballots, if any, pursuant to section 9-108 of this
 title; (d) scan the ballots contained in  the  emergency  box  or  other
 secure  storage  container  pursuant to section 9-110 of this title; (e)
 hand count and secure ballots that cannot be scanned pursuant to section
 9-110 of this title; (f) INITIATE THE BALLOT  SCANNER,  close  the  poll
 MECHANISM,  print  the tabulated results tape, AND POST THE RESULTS TAPE
 OR announce [the result] ITS CONTENTS OR BOTH; (G)  REMOVE  ONE  OF  THE
 PORTABLE  MEMORY  DEVICES  FROM  THE  BALLOT  SCANNER FOR THE PURPOSE OF
 REPORTING THE UNOFFICIAL TALLY OF ELECTION RESULTS PURSUANT  TO  SECTION
 9-126 OF THIS TITLE; (H) POST OR ANNOUNCE THE RESULTS OF ANY HAND COUNTS
 and  sign the return of canvass pursuant to subdivisions 2 and 3 of this
 section; [(g)] (I) close, lock and seal the machine; and [(h)] (J)  sign
 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.
                                                            LBD02943-01-7
              

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   [1-a.  In  the  city of New York, as soon as the polls of the election
 are closed, the inspectors of election thereat shall, in the  order  set
 forth  herein:  (a)  place an inspector at the ballot scanner to prevent
 further voting; (b) scan the ballots contained in the emergency  box  or
 other  secure storage container pursuant to section 9-110 of this title,
 unless it is not possible to determine which such ballots should  be  so
 scanned  because  the  accounting and reconciliation required by section
 9-106 of this title cannot  be  completed  without  first  printing  the
 results  tape;  (c)  initiate  the ballot scanner's close the poll mech-
 anism, print the tabulated results tape, and post the  results  tape  or
 announce  its  contents  or  both; (d) remove one of the portable memory
 devices from the ballot scanner for the purpose of reporting the unoffi-
 cial tally of election results pursuant to section 9-126 of this  title;
 (e) reconcile the paper ballots pursuant to section 9-106 of this title;
 (f) remove surplus ballots, if any, pursuant to this section and section
 9-108  of  this  title; (g) hand count and secure ballots that cannot be
 scanned pursuant to this section and section 9-110 of  this  title;  (h)
 post  or  announce the results of any hand counts and sign the return of
 canvass pursuant to subdivisions two and  three  of  this  section;  (i)
 close, lock and seal the machine; and (j) sign the close of poll certif-
 icate, as provided by the board of elections.]
   2.  (a)  The  inspectors  shall  canvass  the ballot scanner tabulated
 results by printing the results tape in the presence of the watchers and
 all other persons who may be lawfully within the polling  place,  giving
 full  view  of  the  tabulated results tape numbers. An inspector shall,
 under the scrutiny of an  inspector  of  a  different  political  party,
 either  post  the  results tape or read and announce in the order of the
 offices as their titles are arranged on the tabulated results  tape,  in
 distinct  tones  the  public  office  or party position, candidate name,
 political party and the results as shown on the tabulated  results  tape
 and  then  shall announce the number of write-in votes recorded for each
 office.  The inspectors shall also in the same manner post  or  announce
 the results for each ballot proposal.
   (b)  The  results on the tabulated results tape shall be entered on or
 the tabulated results tape (representing the aggregate results of  votes
 cast on the ballot scanner or the results by election district as appli-
 cable) shall be affixed to the return of canvass for that ballot scanner
 or  election  district  pursuant  to  section  9-120 of this title by an
 inspector under the scrutiny of an inspector of  a  different  political
 party,  in  the  space indicated. If any election day paper ballots were
 hand counted pursuant to this section and  subdivision  two  of  section
 9-110  of  this  title,  an  inspector  shall,  under the scrutiny of an
 inspector of a different  political  party,  either  post  or  read  and
 announce  the  results  of  such hand count. The tally sheet of any such
 hand counting shall be signed by  the  inspectors  conducting  same  and
 affixed  to  or recorded on the return of canvass. The return of canvass
 and tabulated results tape shall be signed by  two  inspectors  of  each
 major political party.
   (c)  The results tape shall include a certificate which the inspectors
 shall sign, stating the number of voters as shown on the public  counter
 and the number on the protective counter.
   (d)  If the machine is provided with a removable electronic or comput-
 erized device which records the total of the votes cast on such  machine
 ([such  device,]  for  purposes  of  this  section  a  "portable  memory
 device"), such device shall be removed from the machine after copies  of
 the  results  tape,  sufficient to meet the requirements of this chapter

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 and the regulations of the board of elections, have been produced. After
 the portable memory device is removed from the machine,  the  inspectors
 shall place such device in the secure envelope or other secure container
 provided for its return to the board of elections. Such secure container
 shall be signed by the inspectors upon the securing of the device there-
 in.
   3. (a) During the canvass time any candidate or duly accredited watch-
 er  who may desire to be present shall be admitted to the polling place.
 During the proclamation of the result, ample opportunity shall be  given
 to  any  person  lawfully  present  to  compare the results so POSTED OR
 announced with the sum of the votes appearing on the  tabulated  results
 tape  and  any hand counted election day ballots, if any, and any neces-
 sary corrections shall then and there be made on the return  of  canvass
 by  the inspectors.   Thereafter, the voting machine shall be closed and
 locked. The first copy of the  results  tape  for  each  voting  machine
 should  be  posted on the wall of the polling place forthwith; provided,
 however, that if only one copy of such results tape can  be  printed  by
 any such machine at any election, such copy shall be used in preparation
 of the returns of canvass required by this title.
   (b)  Election  day  paper  ballots that have not been scanned shall be
 canvassed and tallied pursuant to this section and  sections  9-108  and
 9-110 of this title.
   (c)  At  a primary election, the ballots of the parties represented on
 the board of inspectors shall be canvassed before the ballots  of  other
 parties are canvassed.
   4. All types of ballots, enclosed in properly sealed envelopes respec-
 tively, and properly endorsed shall be filed with the original return of
 canvass, as provided for in section 9-106 of this title.
   5.  The  inspector  or  other courier assigned by the board filing the
 returns shall deliver to the board or officer from  whom  received,  the
 keys  of  the  voting  machine,  enclosed  in  a  sealed envelope having
 indorsed thereon a certificate of the inspectors stating the  number  of
 the  machine,  the election district(s), ward(s) or assembly district(s)
 where it has been used, the number on the seal and  the  number  on  the
 protective  counter.  In  the city of New York, police officers or peace
 officers designated by  the  police  commissioner  of  such  city  shall
 provide such delivery of the devices.
   6.  The  room  in which such canvass is made shall be clearly lighted,
 ingress and egress through the main entrance  thereto  shall  be  freely
 permitted,  and  such canvass shall be made in plain view of those enti-
 tled to be present. The ballots shall at all times be kept on top of the
 table and in plain view of all persons entitled to examine  them,  until
 they  have  been  re-packaged  and  sealed  for  return  to the board of
 elections as elsewhere provided. If requested by any person entitled  to
 be  present  the  inspectors  shall,  during the canvass of any ballots,
 exhibit to him or her the ballot then being canvassed, fully opened  and
 in  such  a  condition  that  he or she may fully and carefully read and
 examine it, but no inspector shall allow any ballot to be taken from his
 or her hand or to be touched by any person but an inspector.
   § 3. Section 9-106 of the election law, as amended by chapter  334  of
 the laws of 2013, is amended to read as follows:
   § 9-106. Official ballots; accounting for number used. After the polls
 of  the election are closed and before any boxes or envelopes containing
 voted ballots are opened, the clerks, or if  there  be  no  clerks,  two
 inspectors representing different parties designated by the chair, shall
 account  for all of the paper ballots furnished to the election district

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 or poll site.  On  a  reconciliation  form  supplied  by  the  board  of
 elections,  they  shall count, verify and record on such form the number
 of unused ballots, the number of  ballots  spoiled  before  delivery  to
 voters  in  the poll site, the number of ballots spoiled and returned by
 voters and the number of affidavit ballots cast. These numbers shall  be
 added  to  the  number of ballots cast as recorded by the public counter
 number appearing on the ballot scanner screen(s) or results tape(s). The
 sum shall be recorded on the ballot reconciliation form. This  resulting
 number shall be deducted from the number of ballots originally delivered
 to the election district or poll site, and the remainder number shall be
 determined  to  be the number of ballots secured in the emergency ballot
 box(es) or other secure storage container(s) provided by  the  board  of
 elections.  This remainder number shall be recorded on the ballot recon-
 ciliation form. If such remainder  number  is  zero  and  there  are  no
 ballots   in   the   emergency  ballot  box(es)  or  other  such  secure
 container(s), inspectors shall initiate the ballot scanners'  close  the
 polls  mechanism  and  produce results tapes[, unless in the city of New
 York such scanners' close the polls mechanism has already been initiated
 and the results tapes already produced  pursuant  to  paragraph  (c)  of
 subdivision one-a of section 9-102 of this title]. The clerks or inspec-
 tors shall then separate, label and place each type of ballot in the box
 or  container  provided  by the board of elections, and securely lock or
 seal each such box or container AND  RECORD  SUCH  SEAL  NUMBER  ON  THE
 BALLOT  RECONCILIATION  FORM.  They  shall then sign such reconciliation
 form. If such remainder number is not zero or there are unscanned  voted
 election  day  ballots  in  the  emergency  ballot box(es) or other such
 secure container(s), the inspectors or clerks  shall  proceed  with  the
 process  provided  for  in  section 9-108 and 9-110 of this title.  Upon
 completion of such process, the clerks or inspectors  shall  then  sepa-
 rate, label and place each type of ballot in the box(es) or container(s)
 provided  by the board of elections, and securely lock or seal each such
 box(es) or container(s). They shall then  sign  such  amended  reconcil-
 iation form.
   §  4.  Section 9-110 of the election law, as amended by chapter 334 of
 the laws of 2013, is amended to read as follows:
   § 9-110. Canvass; election  day  paper  ballots  that  have  not  been
 scanned;  method  of.  1.  Election day paper ballots that have not been
 scanned because a ballot scanner was not available or because the ballot
 has been abandoned by a voter at the ballot scanner shall  be  canvassed
 as follows: a bipartisan team of inspectors shall cast such ballots on a
 ballot  scanner,  if  one is available, at the close of the polls before
 the tabulated results tape is printed. If a ballot does not scan because
 of an overvote or blank ballot warning on the ballot scanner screen, the
 inspectors shall cause the ballot scanner to eject  such  ballot  to  be
 hand counted pursuant to subdivision two of this section.
   2.  Election  day paper ballots that cannot be scanned, as provided in
 subdivision one [or one-a] of section 9-102 of this title as  applicable
 and  subdivision  one of this section shall be canvassed as follows: The
 inspectors shall unfold each ballot of the kind then to be canvassed and
 shall place all such ballots upon the table in one pile face  down.  The
 chair  shall  take up each ballot in order, turn it face up and announce
 loudly and distinctly the vote registered on each section, in the  order
 of  the  sections  upon  the  ballot,  or that the ballot is void or the
 section blank, as the case may be. If more than  one  person  is  to  be
 elected to the same office or party position the chair, if the ballot is
 void  or  the  ballot or section is wholly blank, shall announce as many

 A. 2092                             5

 void or blank votes as there are persons to be elected to the office  or
 party  position.  On  a  primary ballot a "section," as the term is used
 above, shall mean the space occupied by the title of an office or  party
 position, names of candidates therefor and the voting squares therewith.
 The  canvass  of each ballot must be completed before the next ballot is
 taken up. When the tallies of the votes of all such ballots are  proven,
 and the results announced, the inspectors shall affix tally sheets to or
 record the results from same on the return of canvass.
   3.  Nothing  in  this  section shall be construed to require or permit
 affidavit ballots to be canvassed at the poll site on election day.
   § 5. Subdivision 2 of section 9-112 of the election law, as amended by
 chapter 334 of the laws of 2013, is amended to read as follows:
   2. A cross X mark or a check V mark, made by the voter,  in  a  voting
 square at the left of a candidate's name, or the voter's filling in such
 voting  square,  [or  punching  a  hole in the voting square of a ballot
 intended to be counted by machine,] shall be counted as a vote for  such
 candidate.
   § 6. Subdivision 1 of section 9-114 of the election law, as amended by
 chapter 334 of the laws of 2013, is amended to read as follows:
   1.  If  objection  be  made to the counting of any ballot or as to any
 section of any such ballot, the board of inspectors shall forthwith  and
 before  canvassing  any  other  ballot or section thereof, rule upon the
 objection. If the objection be continued after this ruling, the chair OR
 AN INSPECTOR under the scrutiny of AN INSPECTOR OF  the  opposite  party
 shall  write  in  ink  upon  the  back of the ballot a memorandum of the
 ruling and objection. The memorandum of the ruling shall be in the words
 "Counted void", or "Counted blank", or "Counted for (naming  the  candi-
 date  or  candidates  or the presidential ticket)", or, in the case of a
 ballot proposal "Counted for Proposal No.......,"  or  "Counted  against
 Proposal  No........",  as  the  case  may  be.  The  memorandum  of the
 objection shall be in the words  "Objected  to",  followed  by  a  brief
 statement  of  the  nature of the objection, the name and address of the
 challenger and the signature of the chair or inspector.
   § 7. Section 9-124 of the election law, as amended by chapter  334  of
 the laws of 2013, is amended to read as follows:
   §  9-124. Returns of canvass, procedure after. 1. After the returns of
 the canvass are made out and signed, the inspectors  shall  enclose  the
 BALLOT STUBS, protested and void ballots and the ballots cast in affida-
 vit envelopes in [a] separate sealed [envelope] ENVELOPES or [envelopes]
 CONTAINERS  and  endorse  thereon  a  certificate signed by each of them
 stating the number of the district and the number of  ballots  contained
 in  such [envelope] ENVELOPES or [envelopes] CONTAINERS.  The inspectors
 shall enclose the unscanned voted ballots canvassed in  accordance  with
 section  9-110  of this title in a separate sealed envelope OR CONTAINER
 and endorse thereon a certificate signed by each  of  them  stating  the
 number  of  the  district, BALLOT SCANNER IDENTIFICATION INFORMATION and
 the number of ballots contained in such  envelope  OR  CONTAINER.    The
 inspectors shall then package and seal the other voted ballots and place
 them  in  one or more boxes or containers, and include within such boxes
 or containers one portable memory device from each ballot scanner pursu-
 ant to paragraph (d) of subdivision two of section 9-102 of this  title,
 and  any  absentee,  military,  special federal, or special presidential
 ballots which may have been delivered to the poll site  during  election
 day,  and securely lock and seal such boxes or containers. Notwithstand-
 ing the preceding sentence, such portable memory device from each ballot
 scanner with the corresponding results tape may be enclosed in a  sealed

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 container  and  transported prior to and separately from other materials
 referenced in this section for the  purpose  of  using  such  device  to
 provide  an  unofficial tally of results as required by section 9-126 of
 this title.
   2.  Each box, envelope, or container containing the ballots and stubs,
 if any, and all items described in subdivision one of this section shall
 be deposited by an inspector designated for that purpose with the  offi-
 cer  or board from whom or which the board of inspectors received it. In
 the city of New York, every such box, envelope, or  container  shall  be
 delivered at the polling place to police or peace officers designated by
 the  police  commissioner  of such city, who shall deposit them with the
 board of elections.
   3. (a) Except in the city of New York, the registration  poll  records
 or  computer  generated  registration lists, the returns of canvass with
 results tapes and tally sheets, if  any,  annexed,  the  voted  ballots,
 stubs,  opened  packages  of  unused  ballots  and ballot envelopes, any
 absentee, military, special federal,  or  special  presidential  ballots
 which  may have been delivered to the poll site during election day, the
 challenge REPORT records, KEYS and the package  of  protested  and  void
 ballots shall be filed with the board of elections.
   (b)  Records  and  supplies  to  be filed with a city, town or village
 clerk shall be so filed or delivered immediately after the completion of
 the returns of the canvass, by an inspector designated by the  board  of
 inspectors.  Returns,  papers  and registration poll records or computer
 generated registration lists to be filed with  the  board  of  elections
 shall  be  so  filed  by  the chairman of the board of inspectors within
 twenty-four hours after the  completion  of  such  returns.  The  person
 receiving  such  returns  in  the  board  of elections shall give to the
 person delivering the returns a receipt stating  therein  the  date  and
 hour  of  delivery,  the  name of the person making the delivery, and to
 whom said returns were delivered and shall  keep  a  duplicate  of  said
 receipt on file in the office of the board of elections.
   (c) [The county legislative body of any county in the state except the
 counties comprising the city of New York may, by a resolution, ordinance
 or  act as required, provide that all returns, papers, registration poll
 records or computer generated registration lists, books, records,  docu-
 ments,  and  other election supplies and materials shall be filed by the
 chairman of the board of inspectors of elections in a city or  town  and
 in a village in which elections are conducted by the board of elections,
 with  the  city,  town or village clerk of such city, town or village in
 the county within eighteen hours after the closing of the polls  at  any
 primary,  general,  special  or  village  election and the city, town or
 village clerk upon receiving such returns, papers, registers  or  lists,
 books,  records,  documents,  and  other election supplies and materials
 shall give to the person making the delivery, a receipt stating  therein
 the  date  and  hour of the delivery and the name of such person. Within
 twenty-four hours after the closing of the polls at any primary,  gener-
 al,  special  or village election, the city, town or village clerk shall
 file all returns, papers, registration poll records or  computer  gener-
 ated  registration  lists,  books, records, documents and other election
 supplies and materials filed with him by the inspectors of the  election
 districts  of  the city, town or village, with the board of elections of
 the county and the board of elections shall give to the  city,  town  or
 village  clerk  a  receipt therefor stating therein the date and hour of
 the delivery and the name of the person making the delivery and to  whom

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 it  was  made, and shall keep a duplicate of said receipt on file in the
 office of the board of elections.
   (d)] In the city of New York, the board of inspectors shall deliver to
 police  or  peace officers designated by the police commissioner of such
 city, at the polling place the registration  poll  records  or  computer
 generated  registration  lists,  challenge  report, records, keys, other
 election supplies, including two copies of the returns  of  the  canvass
 and  any  absentee,  military,  special federal, or special presidential
 ballots which may have been delivered to the poll site  during  election
 day,  voted  ballots,  stubs, open packages of unused ballots and ballot
 envelopes. Such police or peace officers shall  file  the  returns,  the
 package  of  void and protested ballots, if any, and the absentee, mili-
 tary, special federal, special presidential[,] BALLOTS  WHICH  MAY  HAVE
 BEEN  DELIVERED  TO  THE  POLL  SITE  DURING ELECTION DAY; and emergency
 ballots, stubs and ballot envelopes, if any,  within  twenty-four  hours
 after the close of the polls, in the office of the board of elections or
 its branch office within the borough, as the case may be.
   § 8. This act shall take effect immediately.