S. 5392 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.
S. 5392 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
S. 5392 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
S. 5392 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:
S. 5392 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)
S. 5392 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
S. 5392 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
S. 5392 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)
S. 5392 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.
S. 5392 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.
S. 5392 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.
S. 5392 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.
