S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    296
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to improving  transparency
   regarding boards of elections and improving voter centricity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new  section  3-227
 to read as follows:
   §  3-227.  OPEN  MEETINGS.  BOARDS OF ELECTIONS SHALL BE DEEMED PUBLIC
 BODIES FOR THE PURPOSES OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND
 MEETINGS OF COMMISSIONERS OF BOARDS OF ELECTIONS  SHALL  BE  SUBJECT  TO
 OPEN MEETINGS REQUIREMENTS OF SUCH ARTICLE.
   § 2. Subdivision 2 of section 4-104 of the election law is amended and
 a new subdivision 1-d is added to read as follows:
   1-D.  ANY DETERMINATIONS REGARDING THE DESIGNATION OF POLL SITES SHALL
 BE PROPOSED PUBLICLY AT LEAST THIRTY DAYS PRIOR TO AN ELECTION,  AND  AN
 OPPORTUNITY  SHALL  BE  GIVEN  FOR  THE PUBLIC TO COMMENT. SUCH COMMENTS
 SHALL BE PURELY ADVISORY. THE BOARD OF ELECTIONS SHALL HAVE THE AUTHORI-
 TY TO MAKE CHANGES TO POLL SITES AT ANY TIME WITHOUT PUBLIC  COMMENT  IF
 DEEMED  NECESSARY, SO LONG AS FIVE DAYS' NOTICE IS PROVIDED, PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION.
   2. If the board of elections, after designating a polling  place,  and
 after  sending  written  notice of such polling place to each registered
 voter, designates an alternative polling place, it must, at  least  five
 days  before  the  next election or day for registration, send by mail a
 written notice to each registered voter notifying  him  of  the  changed
 location of such polling place. If such notice is not possible the board
 of  elections must provide for an alternative form of notice to be given
 to voters at the location of the previous polling place.  THE  BOARD  OF
 ELECTIONS  SHALL  ALSO  PROVIDE  SUCH NOTICE BY ELECTRONIC MAIL AND TEXT
 MESSAGE IF SUCH CONTACT INFORMATION IS AVAILABLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01111-01-3
              

 A. 296                              2
 
   § 3. Section 4-118 of the election law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3. AT LEAST THIRTY DAYS PRIOR TO A PRIMARY ELECTION, EACH COUNTY BOARD
 OF  ELECTIONS  SHALL  PUBLISH  A  NOTICE SPECIFYING: (A) THE DAY OF SUCH
 PRIMARY ELECTION; (B) THE HOURS DURING WHICH SUCH PRIMARY ELECTION  WILL
 BE HELD; (C) THE PUBLIC OFFICES FOR WHICH NOMINATIONS ARE TO BE MADE AND
 THE  PARTY  POSITIONS  WHICH ARE TO BE FILLED AT SUCH PRIMARY ELECTIONS;
 (D) THE REGISTRATION DEADLINE; (E) THE MAIL BALLOT REQUEST DEADLINE; (F)
 THE MAIL BALLOT POSTMARK DEADLINE; (G) DATES AND TIMES OF EARLY  VOTING;
 (H) A MECHANISM BY WHICH VOTERS CAN FIND THEIR POLLING PLACES, INCLUDING
 INFORMATION  ON THE ACCESSIBILITY OF SUCH POLLING PLACES; AND (I) SAMPLE
 BALLOTS FOR EACH POLLING PLACE.  SUCH  PUBLICATION  SHALL  BE  PUBLISHED
 PROMINENTLY  ON  THE  COUNTY BOARD OF ELECTIONS WEBSITE AND SOCIAL MEDIA
 CHANNELS AND SHALL REMAIN PROMINENTLY DISPLAYED UNTIL THE CONCLUSION  OF
 THE  PRIMARY  ELECTION.  SUCH  NOTICES  SHALL  BE AVAILABLE IN ALL MAJOR
 LANGUAGES SPOKEN WITHIN THE COUNTY. AT LEAST TWENTY-FIVE DAYS PRIOR TO A
 PRIMARY ELECTION, AND CONSISTENTLY  THROUGH  THE  DATE  OF  THE  PRIMARY
 ELECTION,  THE STATE BOARD OF ELECTIONS SHALL USE ITS WEBSITE AND SOCIAL
 MEDIA CHANNELS TO NOTIFY VOTERS OF SUCH ELECTION AND  DIRECT  VOTERS  TO
 INFORMATION  CONTAINED  IN  THE  RELEVANT  COUNTY  BOARD'S ONLINE NOTICE
 PURSUANT TO THIS SUBDIVISION.
   § 4. Section 4-119 of the election law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3. EVERY BOARD OR BODY AUTHORIZED TO DESIGNATE PLACES FOR REGISTRATION
 SHALL  CONSISTENTLY  HAVE  VOTER  REGISTRATION  INSTRUCTIONS PROMINENTLY
 DISPLAYED ON ITS WEBSITE.
   § 5. Subdivision 1 of section 4-120 of the election law, as amended by
 chapter 413 of the laws of 2019, is amended to read as follows:
   1. The board of elections shall publish once in each of the two  weeks
 preceding a general election, or a special or village election conducted
 by  the board of elections, a notice specifying the day of the election,
 and the public officers to be voted for within such county, or any  part
 thereof at such election. The board of elections shall, as soon as prac-
 ticable, but not less than [two weeks] THIRTY DAYS prior to any GENERAL,
 special,  OR VILLAGE election, AND CONSISTENTLY THROUGH THE DATE OF SUCH
 ELECTION, prominently display on its website AND SOCIAL  MEDIA  CHANNELS
 the  date  and  hours of the election, the offices to be voted on in the
 county, part of a county, or the city of New York, [and a  link  to  any
 poll  site  information  or  poll  location  tools, where available] THE
 REGISTRATION DEADLINE, THE MAIL BALLOT REQUEST DEADLINE, THE MAIL BALLOT
 POSTMARK DEADLINE, DATES AND TIMES OF EARLY VOTING, AND A  MECHANISM  BY
 WHICH VOTERS CAN FIND THEIR POLLING PLACES, INCLUDING INFORMATION ON THE
 ACCESSIBILITY  OF  SUCH  POLLING PLACES, AND SAMPLE BALLOTS. SUCH NOTICE
 SHALL APPEAR IN ALL MAJOR LANGUAGES SPOKEN IN THE JURISDICTION  OF  SUCH
 ELECTION. Such information shall also be made available to local govern-
 ments, municipalities, and community boards for publication on any publ-
 ic-facing  internet  website,  web  application,  web  domain or digital
 application, including a social network or search engine, to the  extent
 that  such  publication is practicable. If constitutional amendments, or
 questions are to be submitted to the voters of the  state,  the  notice,
 INCLUDING  ANY  ONLINE  NOTICE, shall state that fact and that a copy of
 each such amendment  or  question  may  be  obtained  at  the  board  of
 elections, by any voter. Such publication shall [be in] INCLUDE, BUT NOT
 BE LIMITED TO, two newspapers published within the county. If the county
 contains  a  city  or  cities,  at least one of such newspapers shall be
 published in the city, or the largest city, if there be more than one.
 A. 296                              3
 
   In the case of a village election, such publication shall be made in a
 newspaper of general circulation in such village and  shall  include  an
 abstract of any proposition to be voted upon at such election.
   AT  LEAST  TWENTY-FIVE  DAYS  PRIOR  TO A GENERAL, SPECIAL, OR VILLAGE
 ELECTION, AND CONSISTENTLY THROUGH THE DATE OF SUCH ELECTION, THE  STATE
 BOARD  OF  ELECTIONS  SHALL USE ITS WEBSITE AND SOCIAL MEDIA CHANNELS TO
 NOTIFY  VOTERS  OF  SUCH  ELECTION  AND  DIRECT  VOTERS  TO  INFORMATION
 CONTAINED  IN THE RELEVANT COUNTY BOARD'S ONLINE NOTICE PURSUANT TO THIS
 SUBDIVISION.
   § 6. Subdivision c of section 4-132 of the election law, as amended by
 section 3 of part XX of chapter 55 of the laws of 2019,  is  amended  to
 read as follows:
   c.  A  booth or device in each election district for the use of voters
 marking ballots. Such booth or device shall  be  so  constructed  as  to
 permit  the  voter  to  mark  his  or her ballot in secrecy and shall be
 furnished at all times with [an appropriate  marking  device]  A  PENCIL
 HAVING  BLACK GRAPHITE OR A PEN HAVING BLACK OR BLUE INK. BALLOT MARKING
 DEVICES SHALL BE MAINTAINED AND SERVICED PRIOR TO EACH ELECTION.  PAPER-
 WORK  SHALL  BE CREATED AND SIGNED BY THE COMMISSIONERS THAT EACH BALLOT
 MARKING DEVICE THAT IS INTENDED TO BE  PUT  INTO  USE  IN  THE  UPCOMING
 ELECTION HAS BEEN SERVICED AND IS IN GOOD WORKING CONDITION.
   §  7.  Section  7-118  of  the election law is amended by adding a new
 subdivision 5 to read as follows:
   5. ANY DETERMINATIONS  REGARDING  THE FORM AND CONTENT OF BALLOTS  AND
 BALLOT  ENVELOPES,  INCLUDING  BUT  NOT  LIMITED TO THE DETERMINATION OF
 CANDIDATES  AND  QUESTIONS  TO APPEAR ON THE BALLOT PURSUANT TO  SECTION
 4-114  OF THIS CHAPTER AND THE CERTIFICATION OF BALLOTS PURSUANT TO THIS
 TITLE OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER, SHALL BE PROPOSED
 PUBLICLY AT LEAST THIRTY DAYS PRIOR  TO  ADOPTION,  AND  AN  OPPORTUNITY
 SHALL  BE GIVEN FOR THE PUBLIC TO COMMENT ON THE FORM AND CONTENT OF THE
 BALLOTS. SUCH COMMENTS SHALL BE PURELY ADVISORY.
   § 8. The election law is amended by adding a new section 8-107 to read
 as follows:
   § 8-107. CHOICE OF POLLING PLACE.  ANY VOTER REGISTERED TO VOTE IN ANY
 ELECTION DISTRICT WITHIN A COUNTY SHALL BE ENTITLED TO VOTE AT ANY POLL-
 ING PLACE WITHIN THAT COUNTY.  EACH BOARD OF ELECTIONS SHALL ENSURE THAT
 EACH POLLING PLACE WITHIN ITS JURISDICTION SHALL HAVE SUFFICIENT BALLOTS
 FOR EACH ELECTION DISTRICT TO FACILITATE THIS SECTION. THE  STATE  BOARD
 OF  ELECTIONS  SHALL  PROMULGATE  REGULATIONS TO ENSURE THAT AUDITING OF
 VOTES SHALL REMAIN SIMPLE, ACCURATE, AFFORDABLE, AND  SECURE,  INCLUDING
 BY  REQUIRING  MARKS  ON  BALLOTS  TO  DETERMINE  THE  RELEVANT ELECTION
 DISTRICT SO BALLOTS  CAN  BE  QUICKLY  AND  EASILY  SORTED  BY  ELECTION
 DISTRICT.    NOTHING  IN THIS SECTION SHALL BE READ TO PERMIT A BOARD OF
 ELECTIONS TO REDUCE THE NUMBER OF POLLING PLACES BELOW EXISTING REQUIRE-
 MENTS.
   § 9. Subdivision 3 of section 8-600 of the election law, as  added  by
 chapter 6 of the laws of 2019, is amended to read as follows:
   3.  Any  voter  may  vote at any polling place for early voting estab-
 lished pursuant to subdivision two of this section in the  county  where
 such voter is registered to vote[; provided, however, if it is impracti-
 cal  to  provide each polling place for early voting all of the election
 district ballots or if early voting at  any  such  polling  place  makes
 ensuring  that  no  voter  has  not  previously  voted early during such
 election, the board of elections may  assign  election  districts  to  a
 particular early voting poll site]. All voters in each county shall have
 one or more polling places at which they are eligible to vote throughout
 A. 296                              4
 
 the early voting period on a substantially equal basis. [If the board of
 elections  does  not  agree  by majority vote to plan to assign election
 districts to early voting poll sites, all voters in the county  must  be
 able to vote at any poll site for early voting in the county.]
   §  10.  Subdivision 1 of section 5-206 of the election law, as amended
 by chapter 263 of the laws of 1991, is amended to read as follows:
   1. Each political party or independent body duly nominating  or  enti-
 tled  to  nominate  candidates  for offices to be filled at the election
 may, by a writing signed by the duly authorized chairman or secretary of
 the county, city, town or village committee of such political  party  or
 independent  body, and delivered to and filed with one of the inspectors
 of election, appoint not more than two watchers to attend any meeting or
 meetings of the inspectors for an election district held for the  regis-
 tration  of voters thereof.  ADDITIONALLY, THE COMMITTEE ON OPEN GOVERN-
 MENT MAY, BY A WRITING SIGNED BY A DESIGNEE OF THE COMMITTEE, AND DELIV-
 ERED TO AND FILED WITH ONE OF THE INSPECTORS  OF  ELECTION,  APPOINT  AS
 MANY  WATCHERS  AS  THE COMMITTEE DEEMS APPROPRIATE. ANY RESIDENT OF NEW
 YORK STATE MAY APPLY TO BE A WATCHER, AND THE  COMMITTEE  SHALL  APPOINT
 ALL  QUALIFIED  APPLICANTS SUBJECT TO LIMITS IN QUANTITY THAT THEY SHALL
 DEEM REASONABLE. IF MORE QUALIFIED INDIVIDUALS APPLY THAN THE  COMMITTEE
 DEEMS  ABLE  TO  SERVE  AS WATCHERS WITHOUT CREATING A DISRUPTION TO THE
 PROCESS, THE COMMITTEE SHALL SELECT THE  MOST  QUALIFIED  APPLICANTS  TO
 SERVE AS WATCHERS. PARTISAN AFFILIATION, OR LACK THEREOF, SHALL NOT BE A
 VALID CRITERION TO DETERMINE QUALIFICATION OR LACK THEREOF.
   §  11.  Subdivision 9 of section 5-210 of the election law, as amended
 by chapter 44 of the laws of 2016, is amended to read as follows:
   9. The county board of elections shall, promptly and in any event, not
 later than twenty-one days after receipt by it of the application, veri-
 fy the identity of the applicant. In order to do so, the county board of
 elections shall utilize the information provided in the application  and
 shall  attempt  to verify such information with the information provided
 by the department of motor vehicles, social security administration  and
 any  other  lawful  available information source. If the county board of
 elections is unable to verify the identity of the applicant within twen-
 ty-one days of the receipt of the application, it shall immediately take
 steps to confirm that the information  provided  by  the  applicant  was
 accurately  utilized  by  such county board of elections, was accurately
 verified with other information sources and that no data entry error, or
 other similar type of  error,  occurred.  Following  completion  of  the
 preceding  steps,  the county board of elections shall mail (a) a notice
 of its approval, (b) a notice of its approval which  includes  an  indi-
 cation  that  such board has not yet been able to verify the identity of
 the applicant and a request for more information so that such  verifica-
 tion  may be completed, or (c) a notice of its rejection of the applica-
 tion to the  applicant  in  a  form  approved  by  the  state  board  of
 elections.  Notices  of  approval, notices of approval with requests for
 more information or notices of rejection shall be sent by nonforwardable
 first class or return postage guaranteed mail on which is endorsed  such
 language  designated  by  the  state board of elections to ensure postal
 authorities do not forward such mail but  return  it  to  the  board  of
 elections  with  forwarding  information, when it cannot be delivered as
 addressed and which contains a request that any such mail  received  for
 persons  not  residing  at  the address be dropped back in the mail. The
 voter's registration and enrollment shall be complete  upon  receipt  of
 the  application by the appropriate county board of elections. The fail-
 ure of a county board of elections to  verify  an  applicant's  identity
 A. 296                              5
 
 shall  not  be  the  basis  for  the rejection of a voter's application,
 provided, however, that such verification failure shall be the basis for
 requiring county board of elections to take the additional  verification
 steps  provided by this chapter. The notice shall also advise the regis-
 trant of the date when his registration and enrollment is effective,  of
 the date and the hours of the next regularly scheduled primary or gener-
 al election in which he will be eligible to vote, of the location of the
 polling  [place]  PLACES of the election district AND COUNTY in which he
 is or will be a qualified voter, whether such polling [place is]  PLACES
 ARE  accessible  to  physically  handicapped  voters, an indication that
 physically handicapped voters or voters who are ill or voters  who  will
 be  out  of  the  city  or  county  on the day of the primary or general
 election, may obtain an absentee ballot and the phone number to call for
 absentee ballot applications, the phone numbers to call for location  of
 polling  places,  to  obtain  registration forms and the phone number to
 call to indicate that the voter is willing to serve on election  day  as
 an  inspector, poll clerk or interpreter. The notice of approval, notice
 of approval with request for more information  or  notice  of  rejection
 shall  also  advise  the  applicant  to notify the board of elections if
 there is any inaccuracy. The form of such  mail  notification  shall  be
 prescribed  by the state board of elections and shall contain such other
 information and instructions as it may reasonably require to  carry  out
 the  purposes  of this section.   The request for more information shall
 inform the voter that "THE FAILURE TO CONTACT THE BOARD OF ELECTIONS AND
 CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE  REQUESTED  ADDI-
 TIONAL  INFORMATION  MAY  RESULT  IN A REQUEST FOR IDENTIFICATION AT THE
 POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If  such  notice  is
 returned  undelivered  without  a new address, the board shall forthwith
 send such applicant a confirmation notice pursuant to the provisions  of
 section  5-712  of  this  article  and  place such applicant in inactive
 status. The state board of elections shall prepare  uniform  notices  by
 this  section  as  provided for in subdivision eight of section 3-102 of
 this chapter.
   § 12. Subdivision 1 of section 5-226 of the election law is amended to
 read as follows:
   1. If any voter has been registered in a wrong election district,  the
 board  of  elections  shall,  if he is a qualified voter in any election
 district within the jurisdiction of such board, change his  registration
 to the correct election district. The board of elections shall thereupon
 give  immediate  notice  by mail to such voter that his registration has
 been corrected, and also the location of the polling [place]  PLACES  of
 the election district in which he is a qualified voter.
   §  13.  Subdivision 1 of section 5-500 of the election law, as amended
 by chapter 373 of the laws of 1978, is amended to read as follows:
   1. There shall be two records  of  the  registration  of  each  voter.
 Except  as otherwise provided in this chapter, one record shall be sent,
 at the time of every election, to the polling [place] PLACES  where  the
 voter  is entitled to vote, and shall be known as the "registration poll
 record". Between elections it shall be kept in  the  main  office  or  a
 branch  office of the board of elections. The other record shall be kept
 constantly in such main office or branch office and shall  be  known  as
 the  "central  file registration record". The two types of records shall
 be prepared in different colors.
   § 14. Subdivision 1 of section 5-601 of the election law,  as  amended
 by chapter 599 of the laws of 1991, is amended to read as follows:
 A. 296                              6
 
   1.  [A  physically  disabled voter whose polling place is located in a
 building that is not accessible shall be entitled to vote in  any  other
 election  district whose polling place is located in a building which is
 accessible, provided that the candidates and  ballot  proposals  on  the
 ballot  in  such  other  election  district are the same as those on the
 ballot in the election district in which such voter resides.] EACH COUN-
 TY IS REQUIRED TO PROVIDE ACCESSIBLE POLLING PLACES.
   § 15. Subdivision 26 of section 7-104 of the election law, as added by
 chapter 411 of the laws of 2019, is amended to read as follows:
   26. All paper ballots of the same kind for the  same  [polling  place]
 ELECTION  DISTRICT shall be identical. EACH VOTER IS ENTITLED TO THE USE
 OF AN INDIVIDUAL, DURABLE, VOTER-VERIFIABLE PAPER BALLOT OF THE  VOTER'S
 VOTE  THAT  SHALL  BE  PRIVATELY AND INDEPENDENTLY MARKED IN THE POLLING
 PLACE AND MADE AVAILABLE FOR  PRIVATE  AND  INDEPENDENT  INSPECTION  AND
 VERIFICATION  BY  THE VOTER BEFORE THE VOTER'S VOTE IS CAST AND COUNTED,
 AND PROVIDE FOR THE  VOTER'S  ABILITY  TO  PRIVATELY  AND  INDEPENDENTLY
 CHANGE  SUCH  VOTES  OR  CORRECT ANY ERROR BEFORE THE BALLOT IS CAST AND
 COUNTED.   FOR PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM  "INDIVIDUAL,
 VOTER-VERIFIABLE  PAPER  BALLOT" MEANS EITHER: (A) A PAPER BALLOT MARKED
 BY THE VOTER BY HAND; OR (B) A PAPER BALLOT MARKED THROUGH THE USE OF  A
 NONTABULATING  BALLOT  MARKING  DEVICE  OR  SYSTEM, PROVIDED THAT VOTERS
 SHALL HAVE BOTH OPTIONS AVAILABLE IN EVERY POLLING  PLACE,  AND  FURTHER
 PROVIDED  THAT  MACHINES  PURCHASED  PRIOR TO THE EFFECTIVE DATE OF THIS
 SECTION MAY CONTINUE TO BE USED.
   § 16. Subdivision 3 of section 7-106 of the election law,  as  amended
 by chapter 411 of the laws of 2019, is amended to read as follows:
   3.  All  paper  ballots  of the same kind for the same [polling place]
 ELECTION DISTRICT shall be identical.
   § 17. Subdivision 6 of section 7-122 of the election law,  as  amended
 by chapter 411 of the laws of 2019, is amended to read as follows:
   6.  On  the  reverse  side of such inner affirmation envelope shall be
 printed the following statement:
                                AFFIRMATION
   I do declare that I am a citizen of the United States, that I am  duly
 registered  in  the  election district shown on the reverse side of this
 envelope and I am qualified to vote in such district;  that  I  will  be
 unable  to  appear  personally on the day of the election for which this
 ballot is voted at [the] A polling place [of the election  district]  in
 which  I am a qualified voter because of the reason given on my applica-
 tion heretofore submitted; that I have not qualified nor do I intend  to
 vote  elsewhere,  that  I  have not committed any act nor am I under any
 impediment which denies me the right to vote.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
 
 Date.................20.....       .....................................
                                    Signature or mark of voter
 
                                    .....................................
                                    Signature of Witness (required only
                                    if voter does not sign his or her own
                                    name)
 A. 296                              7
 
                                    .....................................
                                    Address of Witness
 
   § 18. Subdivision 3 of section 8-100 of the election law is amended to
 read as follows:
   3.  In any election district in which a primary of any party is uncon-
 tested, no primary of such party shall be held. In any election district
 in which the primaries of all parties are uncontested on the day of  any
 primary  election, no primaries shall be held on such day [and the poll-
 ing place shall not be opened for voting].
   § 19. Paragraph (i) of subdivision 1 of section 8-102 of the  election
 law,  as  amended by chapter 164 of the laws of 2010, is amended to read
 as follows:
   (i) Inspect AND TEST the ballot scanner and ballot marking  device  to
 see  that  [it is] THEY ARE in good working order. IF THE BALLOT MARKING
 DEVICE IS A TABULATING MACHINE, THE TABULATING FUNCTION SHALL BE TESTED.
 Inspect the placement of privacy  booths  to  preserve  the  secrecy  of
 voting;  inspect  the  screen  of  the ballot scanner and ballot marking
 device; inspect the polling place to make certain there is no  way  that
 anyone  can  view  any  voting  action by a voter at the ballot scanner,
 ballot marking device, or in a privacy booth; and  affix  a  conspicuous
 notice,  in  the  form  prescribed by the state board of elections, in a
 prominent place near the  ballot  scanner  and  in  the  privacy  booth,
 instructing  the voter on how to properly mark a ballot in order to have
 his or her vote counted. Such notice shall be  printed  in  English  and
 such  other  languages  as  the  board  of elections may determine to be
 appropriate.
   § 20. Subdivision 14 of section 8-407 of the election law, as added by
 chapter 296 of the laws of 1988, is amended to read as follows:
   14. Any person, political committee or independent  body  entitled  to
 appoint watchers for the election district in which any such facility is
 located  at the election for which such absentee ballots are cast, shall
 be entitled to appoint a watcher to attend such board of  inspectors  at
 such facility. THE COMMITTEE ON OPEN GOVERNMENT SHALL APPOINT ANY QUALI-
 FIED INDIVIDUAL WHO HAS APPLIED TO BE A WATCHER AT SUCH FACILITY SUBJECT
 TO LOGISTICAL LIMITS OF SPACE AND EXPEDIENCY.
   §  21. Paragraph (g) of subdivision 3 of section 8-414 of the election
 law, as added by chapter 727 of the laws of 2021, is amended to read  as
 follows:
   (g) counted or rejected such voter's completed absentee ballot and, if
 rejected, a brief statement of the reason for rejection AND INSTRUCTIONS
 ON  HOW  TO  CURE PURSUANT TO SUBDIVISION THREE OF SECTION 9-209 OF THIS
 CHAPTER.
   § 22. Subdivisions 1 and 2 of section 8-500 of the  election  law,  as
 amended  by  chapter  418  of  the  laws of 2019, are amended to read as
 follows:
   1. At any general,  special,  town  or  village  election,  any  party
 committee,  any  independent  body whose candidates are upon the ballot,
 and any political committee supporting or opposing a ballot proposal may
 have for each [election district three] POLLING PLACE FOUR  watchers  at
 any  one time, not more than one of whom may be within the guard rail at
 any one time. Watchers shall be appointed by the chair or other  officer
 of  any  such  party committee, independent body or political committee.
 ADDITIONALLY, THE COMMITTEE ON OPEN GOVERNMENT SHALL APPOINT ALL  QUALI-
 FIED APPLICANTS TO SERVE AS WATCHERS AT ANY POLLING PLACE FOR WHICH THEY
 APPLY,  SUBJECT  TO  LIMITS  IN  QUANTITY  THAT THE COMMITTEE SHALL DEEM
 A. 296                              8
 
 REASONABLE. IF MORE QUALIFIED INDIVIDUALS APPLY THAN THE COMMITTEE DEEMS
 ABLE TO SERVE AS WATCHERS WITHOUT CREATING A DISRUPTION TO THE  PROCESS,
 THE  COMMITTEE  SHALL  SELECT  THE MOST QUALIFIED APPLICANTS TO SERVE AS
 WATCHERS.  PARTISAN  AFFILIATION,  OR LACK THEREOF, SHALL NOT BE A VALID
 CRITERION TO DETERMINE QUALIFICATION OR LACK THEREOF.
   2. At any primary election, any party committee and any  candidate  on
 the  ballot  may  have  for each [election district three] POLLING PLACE
 FOUR watchers at any one time, not more than one of whom may  be  within
 the guard rail at any one time. Watchers shall be appointed by the chair
 or other officer of any such party committee or by any candidate.  ADDI-
 TIONALLY,  THE  COMMITTEE ON OPEN GOVERNMENT SHALL APPOINT ALL QUALIFIED
 APPLICANTS TO SERVE AS WATCHERS AT ANY  POLLING  PLACE  FOR  WHICH  THEY
 APPLY,  SUBJECT  TO  LIMITS  IN  QUANTITY  THAT THE COMMITTEE SHALL DEEM
 REASONABLE. IF MORE QUALIFIED INDIVIDUALS APPLY THAN THE COMMITTEE DEEMS
 ABLE TO SERVE AS WATCHERS WITHOUT CREATING A DISRUPTION TO THE  PROCESS,
 THE  COMMITTEE  SHALL  SELECT  THE MOST QUALIFIED APPLICANTS TO SERVE AS
 WATCHERS. PARTISAN AFFILIATION, OR LACK THEREOF, SHALL NOT  BE  A  VALID
 CRITERION TO DETERMINE QUALIFICATION OR LACK THEREOF.
   §  23.  Subdivision 1 of section 9-102 of the election law, as amended
 by chapter 437 of the laws of 2019, is amended to read as follows:
   1. 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]  PUBLICLY,
 OUTSIDE  THE  GUARD RAIL WHERE ANY MEMBER OF THE PUBLIC CAN VIEW, PHOTO-
 GRAPH, AND VIDEO IT, AND announce 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; (i) close, lock and seal  the  machine;  and  (j)
 sign  the  close  of  poll  certificate,  as  provided  by  the board of
 elections.
   § 24. Paragraphs (a) and (b) of subdivision 2 of section 9-102 of  the
 election law, as amended by chapter 437 of the laws of 2019, are amended
 to read as follows:
   (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, AND  PRINTING  EXTRA  COPIES
 THEREOF FOR EACH PERSON PRESENT WHO REQUESTS A COPY. An inspector shall,
 under  the  scrutiny  of  an  inspector  of a different political party,
 [either] BOTH post the results tape [or]  PUBLICLY,  OUTSIDE  THE  GUARD
 RAIL  WHERE  ANY  MEMBER OF THE PUBLIC CAN VIEW, PHOTOGRAPH AND VIDEO IT
 AND 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
 A. 296                              9
 
 shall  also  in  the  same manner post [or] AND 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]  BOTH  post  [or]
 PUBLICLY,  OUTSIDE  THE  GUARD  RAIL  WHERE ANY MEMBER OF THE PUBLIC CAN
 VIEW, PHOTOGRAPH AND VIDEO IT AND 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.
   §  25. Paragraph (a) of subdivision 3 of section 9-102 of the election
 law, as amended by chapter 437 of the laws of 2019, is amended  to  read
 as follows:
   (a)  During  the canvass time any candidate or duly accredited watcher
 who may desire to be present shall be admitted  to  the  polling  place.
 SUCH  CANDIDATE  OR DULY ACCREDITED WATCHER SHALL BE GIVEN A COPY OF THE
 POLL TAPES AS LONG AS SUCH COPIES ARE ABLE TO BE PRODUCED BY THE MACHINE
 AND WRITTEN REQUESTS OF SUCH COPIES ARE PRESENTED TO THE LOCAL BOARD  OF
 ELECTIONS,  IN ADVANCE IN WRITING, OR IN PERSON TO THE INSPECTOR, EITHER
 VERBALLY OR IN WRITING, AT LEAST HALF AN HOUR PRIOR TO  THE  CLOSING  OF
 THE  POLLS.  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
 necessary 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]  SHALL be posted PUBLICLY OUTSIDE THE GUARD RAIL WHERE
 ANY MEMBER OF THE PUBLIC CAN VIEW, PHOTOGRAPH AND VIDEO IT 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 AND ANY MEMBER OF THE PUBLIC WHO IS  PRESENT  AND
 WISHES  TO  MAY VIEW, PHOTOGRAPH AND VIDEO IT.  ANY POLL WATCHER WHO HAS
 REQUESTED ACCESS SHALL BE PERMITTED TO VIEW THE  NUMBER  OF  VOTERS  WHO
 HAVE  SIGNED  IN  AT  EACH  TABLE, THE SUMMARY REPORT OF VOTERS WHO HAVE
 SIGNED IN, THE PUBLIC AND PROTECTIVE COUNTER NUMBERS FOR  EACH  SCANNER,
 AS  WELL  AS  VERIFY  THAT  THE  ELECTRONIC  POLL BOOK ROUTER IS WORKING
 CORRECTLY. POLL WATCHERS MAY ALSO CONFIRM THAT THE BALLOT-MARKING DEVICE
 WAS WORKING CORRECTLY AND THAT ACCESS COMPLIANT WITH THE AMERICANS  WITH
 DISABILITIES ACT OF 1990 TO THE POLLING LOCATION IS AVAILABLE.
   §  26.  Subdivision 5 of section 9-102 of the election law, as amended
 by chapter 437 of the laws of 2019, is amended to read as follows:
   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)
 A. 296                             10

 where  it  has  been  used, the number on the seal and the number on the
 protective counter. In the city of New York, AT LEAST TWO  police  offi-
 cers  or  peace  officers  designated by the police commissioner of such
 city shall provide such delivery of the devices.
   §  27.  Subdivision 2 of section 9-124 of the election law, as amended
 by chapter 437 of the laws of 2019, is amended to read as follows:
   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] AT LEAST TWO INSPECTORS designated for
 that purpose with the [officer or board] OFFICERS 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
 AT LEAST TWO police or peace officers designated by the  police  commis-
 sioner of such city, who shall deposit them with the board of elections.
   §  28. Paragraphs (b) and (c) of subdivision 3 of section 9-124 of the
 election law, as amended by chapter 437 of the laws of 2019, are amended
 to read as follows:
   (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] AT LEAST TWO INSPECTORS
 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 AND AT LEAST ONE INSPECTOR OF A DIFFERENT PARTY within  twen-
 ty-four  hours  after  the  completion  of such returns. The [person] AT
 LEAST TWO PEOPLE receiving such returns in the board of elections  shall
 give  to  the  [person]  PEOPLE 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.  ELECTION RETURNS SHALL ALWAYS BE UNDER THE SUPERVISION OF AT
 LEAST TWO PEOPLE AT ALL TIMES, OR SHALL BE IN A LOCKED, UNOCCUPIED  AREA
 UNDER VIDEO SURVEILLANCE.
   (c)  In the city of New York, the board of inspectors shall deliver to
 AT LEAST TWO police or peace officers designated by the  police  commis-
 sioner  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,  military, special federal, special presidential ballots which
 may have been delivered to the poll site during election day; and  emer-
 gency  ballots,  stubs and ballot envelopes, if any, [within twenty-four
 hours] IMMEDIATELY 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.  SUCH RETURNS AND OTHER ELECTION DOCUMENTS  SHALL  BE  DELIVERED
 INTO THE CUSTODY OF AT LEAST TWO ELECTION OFFICIALS, WHO AFTER RECEIVING
 SUCH  RETURNS  SHALL  GIVE  THE PERSONS DELIVERING THE RETURNS A RECEIPT
 STATING THEREIN THE DATE AND HOUR OF DELIVERY, THE NAME OF  THE  PERSONS
 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.
 A. 296                             11
 
   §  29.  Subdivision 1 of section 9-126 of the election law, as amended
 by chapter 334 of the laws of 2013, is amended to read as follows:
   1.  In  an election district of the county of Nassau, the chair of the
 board of inspectors, upon the completion of the return of  canvass,  and
 the announcement thereof in a primary or general election, shall deliver
 to  [the]  AT LEAST TWO police [officer] OFFICERS on duty at the polling
 place a statement signed by the board of inspectors stating  the  number
 of  votes received by each person voted for and the number of votes cast
 for and the number of votes cast  against  each  ballot  proposal.  Such
 [officer]  OFFICERS forthwith shall convey the statement to the station-
 house of the police precinct in which such place of canvass is  located,
 and shall deliver it inviolate to the officer in command thereof, who IN
 THE  PRESENCE  OF SUCH OFFICERS shall immediately transmit by telegraph,
 telephone or messenger, the contents of such statement  to  the  officer
 commanding  the police department of such county who, IN THE PRESENCE OF
 SUCH OFFICERS, shall immediately make the  contents  of  such  statement
 available  for  the  press. The chair of the board of inspectors in each
 election district of such county shall make two copies of the  statement
 hereinbefore  provided  for, which shall be taken to the police station,
 whence one such copy shall be transmitted without delay to police  head-
 quarters,  or  such  other  location as may be designated by the officer
 commanding the police department, where it  shall  be  made  immediately
 available  to the press for purposes of tabulation. The other copy shall
 be transmitted within twenty-four hours to the board of  elections.  All
 statements  made  pursuant  to  this  section shall be preserved for six
 months by the police and shall be presumptive evidence of the result  of
 such canvass.
   §  30.  Subdivision 2 of section 9-126 of the election law, as amended
 by chapter 334 of the laws of 2013, is amended to read as follows:
   2. (a) Except in the county of Nassau,  the  chair  of  the  board  of
 inspectors,  upon  completion of the return of canvass and the announce-
 ment thereof, in a general or primary election, IN THE PRESENCE OF  SUCH
 OFFICERS,  shall  immediately  communicate such results by telephone, or
 delivery, to the board of elections.  Such  results  shall  include  the
 number  of  votes  received  by  each person voted for and the number of
 votes cast for and against each ballot proposal.
   (b) The board of elections shall remain open after the  close  of  the
 polls  and  shall  receive  and  tabulate the voting results as they are
 received. The board of elections  shall  make  such  unofficial  results
 available  to the media and the state board of elections, and shall post
 running totals in a public place and on  the  internet  as  the  results
 become  known to it.  SUCH RESULTS SHALL BE POSTED BY ELECTION DISTRICT,
 BROKEN DOWN BY CATEGORY, INCLUDING EARLY, ELECTION DAY, ABSENTEE,  MILI-
 TARY,  OVERSEAS,  AFFIDAVIT  AND  WRITE IN. RESULTS WILL BE AVAILABLE IN
 SPREADSHEET FORMAT.
   § 31. Subdivision 3 of section 9-126 of the election law,  as  amended
 by chapter 334 of the laws of 2013, is amended to read as follows:
   3.  The results made public pursuant to this section shall be released
 as the unofficial tally. (A) THESE  RESULTS  SHALL  BE  RELEASED  WITHIN
 TWENTY-FOUR  HOURS  OF  THE  CLOSE  OF THE POLLS ON ELECTION DAY FOR ALL
 RESULTS TABULATED BEFORE SIX O'CLOCK A.M. ON THE DAY AFTER THE ELECTION.
 RESULTS SHALL BE UPDATED NO LESS FREQUENTLY THAN ONCE EVERY  TWENTY-FOUR
 HOURS  FOR  RESULTS TABULATED DURING EACH TWENTY-FOUR HOUR PERIOD ENDING
 AT SIX O'CLOCK A.M. UNTIL ALL RESULTS ARE TABULATED.
 A. 296                             12
 
   (B) RESULTS SHALL BE RELEASED ON AN ELECTION DISTRICT LEVEL AND  SHALL
 INCLUDE RESULTS BROKEN DOWN BY IF THE BALLOT WAS AN ELECTION DAY, EARLY,
 ABSENTEE, MILITARY, OR PROVISIONAL BALLOT.
   (C)  RESULTS  SHALL BE AVAILABLE ON THE BOARD OF ELECTIONS WEBSITE AND
 SHALL BE ABLE TO BE DOWNLOADED IN SPREADSHEET FORMAT.
   (D) UPON FINAL CERTIFICATION OF AN ELECTION, FINAL  RESULTS  SHALL  BE
 POSTED IN THE SAME MANNER AS OTHER RESULTS ARE POSTED IN ACCORDANCE WITH
 THIS SUBDIVISION.
   (E)  THE  BOARD  OF ELECTIONS SHALL PROMULGATE REGULATIONS TO MAXIMIZE
 DATA TRANSPARENCY IN REPORTING OF  RESULTS,  WHILE  ENSURING  BOTH  DATA
 SECURITY AND THE PRIVACY OF EACH VOTER'S VOTES.
   §  32. Paragraph (c) of subdivision 8 of section 9-209 of the election
 law, as added by chapter 763 of the laws of 2021, is amended to read  as
 follows:
   (c) Each such candidate, political party, GOVERNMENT ENTITY, and inde-
 pendent  body  shall  be  entitled to appoint such number of watchers to
 attend upon each central board of canvassers as the candidate, political
 party, GOVERNMENT ENTITY, or independent body was entitled to appoint at
 [the] SUCH election in any [election district]  ONE  POLLING  PLACE  for
 which the central board of canvassers is designated to act.  THE COMMIT-
 TEE  ON  OPEN  GOVERNMENT SHALL APPOINT ANY QUALIFIED INDIVIDUAL WHO HAS
 APPLIED TO BE A WATCHER AT SUCH FACILITY SUBJECT TO LOGISTICAL LIMITS OF
 SPACE AND EXPEDIENCY.
   § 33. Subdivision 1 of section 9-211 of the election law,  as  amended
 by chapter 763 of the laws of 2021, is amended to read as follows:
   1.  Within fifteen days after each general or special election, within
 thirteen days after every primary election, and within seven days  after
 every village election conducted by the board of elections, the board of
 elections  or a bipartisan committee appointed by such board shall audit
 the voter verifiable audit records from three percent of voting machines
 or systems within the jurisdiction of such board.  Such  audits  may  be
 performed  manually  or via the use of any automated tool authorized for
 such use by the state board of elections which is independent  from  the
 voting  system  it  is  being  used to audit. Voting machines or systems
 shall be selected for audit through a random, manual process.  At  least
 five  days prior to the time fixed for such selection process, the board
 of elections shall send notice by first class mail  to  each  candidate,
 political party and independent body entitled to have had watchers pres-
 ent  at the polls in any election district in such board's jurisdiction.
 Such notice shall state  the  time  and  place  fixed  for  such  random
 selection  process.  The audit shall be conducted in the same manner, to
 the extent applicable, as a canvass of paper  ballots.  Each  candidate,
 political  party,  GOVERNMENT  ENTITY  or  independent  body entitled to
 appoint watchers to attend at a  polling  place  shall  be  entitled  to
 appoint  such number of watchers to observe the audit.  THE COMMITTEE ON
 OPEN GOVERNMENT SHALL APPOINT ANY QUALIFIED INDIVIDUAL WHO  HAS  APPLIED
 TO  BE  A WATCHER AT SUCH FACILITY SUBJECT TO LOGISTICAL LIMITS OF SPACE
 AND EXPEDIENCY.
   § 34. The election law is amended by adding a  new  section  9-213  to
 read as follows:
   §  9-213. HEARINGS. 1. WITHIN TWO WEEKS OF A BOARD OF ELECTIONS TRANS-
 MITTING CERTIFIED  STATEMENTS  FROM  CANVASSING  BOARDS,  THE  BOARD  OF
 ELECTIONS  SHALL HOLD A PUBLIC HEARING TO ALLOW VOTERS AND NON-VOTERS TO
 GIVE FEEDBACK ON THE ELECTION PROCESS.
 A. 296                             13
 
   2. HEARINGS SHALL BE RECORDED AND OPEN TO THE PUBLIC, AND  THEY  SHALL
 BE  MADE REASONABLY ACCESSIBLE FOR ANYONE WHO WISHES TO PARTICIPATE BOTH
 IN PERSON AND VIRTUALLY.
   § 35. This act shall take effect January 1, 2024.