LBD02359-01-9
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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
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
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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
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
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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
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
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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
container and transported prior to and separately from other materials
referenced in this section for the purpose of using such device to
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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
it was made, and shall keep a duplicate of said receipt on file in the
office of the board of elections.
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(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.