S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7090
 
                             I N  S E N A T E
 
                                (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:
 
   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.
   [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,

              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02943-01-7

 S. 7090                             2

 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
 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

 S. 7090                             3
 
 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
 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

 S. 7090                             4
 
 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
 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.

 S. 7090                             5
 
 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
 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.

 S. 7090                             6
 
   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
 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

 S. 7090                             7
 
 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.