LBD17094-12-0
S. 8151 2
adopted at least thirty days before election day not to deliver such
ballots to the inspectors of election at the polling place, and the
town, city or village clerk receiving such ballot envelope shall cause
the same to be delivered to the inspectors of election of the election
district as provided in this section.] The town, city or village clerk
shall call at the office of such board of elections at such time and
receive such ballots, supplies and equipment. In the cities of New York,
Buffalo and Rochester the board of elections shall cause such ballots,
supplies and equipment to be delivered to the board of inspectors of
each election district approximately one-half hour before the opening of
the polls for voting, and shall take receipts therefor.
3. Any envelope containing absentee voters' ballots on which the
blanks have not been properly filled in [shall not be delivered to the
town or city clerk or the board of inspectors as aforesaid but] shall be
stamped to indicate the defect and shall be preserved by the board for
at least one year after the receipt thereof.
S 1-a. Section 7-206 of the election law is amended by adding a new
subdivision 4 to read as follows:
4. UPON THE DISCOVERY OF A DISCREPANCY DURING THE RECANVASS REQUIRED
BY SUBDIVISION THREE OF SECTION 9-208 OF THIS CHAPTER, THE BALLOT SCAN-
NER SHALL BE RETESTED PURSUANT TO 9 NYCRR 6210.2. NO BALLOT SCANNER
SHALL BE RETURNED TO SERVICE UNTIL ANY SUCH DISCREPANCY HAS BEEN
RESOLVED.
S 2. Subdivision 1 of section 9-102 of the election law, as amended by
chapter 234 of the laws of 1976, 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.) [lock the
voting machine against voting] PLACE AN INSPECTOR AT THE BALLOT SCANNER
TO PREVENT FURTHER VOTING; b.) [sign a certificate stating the number
of voters as shown on the public counters, the number on the seal, the
number registered on the protective counter, and that the voting machine
is closed and locked] RECONCILE THE PAPER BALLOTS PURSUANT TO SECTION
9-106 OF THIS TITLE; c.) [account for the paper ballots used, if any]
REMOVE SURPLUS BALLOTS, IF ANY, PURSUANT TO SECTION 9-108 OF THIS TITLE;
d.) [canvass the machine vote] SCAN THE BALLOTS CONTAINED IN THE EMER-
GENCY BOX OR OTHER SECURE STORAGE CONTAINER PURSUANT TO SECTION 9-110 OF
THIS TITLE; e.) [cast and canvass all the ballots] HAND COUNT AND SECURE
BALLOTS THAT CANNOT BE SCANNED PURSUANT TO SECTION 9-110 OF THIS TITLE;
F.) CLOSE THE POLL, PRINT THE TABULATED RESULT TAPE, ANNOUNCE THE RESULT
AND SIGN THE RETURN OF CANVASS PURSUANT TO SUBDIVISIONS 2 AND 3 OF THIS
SECTION; G.) CLOSE, LOCK AND SEAL THE MACHINE; AND H.) SIGN THE CLOSE OF
POLL CERTIFICATE, AS PROVIDED BY THE BOARD OF ELECTIONS.
S 3. Subdivision 2 of section 9-102 of the election law, as amended by
chapter 234 of the laws of 1976, paragraph (a) as amended by chapter 92
of the laws of 2001 and paragraph (c) as added by chapter 262 of the
laws of 1986, is amended to read as follows:
2. (a) The inspectors shall canvass the machine vote by [opening the
counting compartments] PRINTING THE BALLOT SCANNER TABULATED RESULTS
TAPE in the presence of the watchers and all other persons who may be
lawfully within the polling place, giving full view of [all] the [count-
er] TABULATED RESULT TAPE numbers. The [chairman] CHAIR of the board of
inspectors shall, under the scrutiny of an inspector of a different
political party, in the order of the offices as their titles are
arranged on the [machine] TABULATED RESULT TAPE, read and announce in
distinct tones the [designating number and letter on each counter]
PUBLIC OFFICE OR PARTY POSITION, CANDIDATE NAME, POLITICAL PARTY and the
S. 8151 3
result as shown [by] ON the [counter number] TABULATED RESULT TAPE AND
THEN SHALL ANNOUNCE THE AGGREGATE NUMBER OF WRITE-IN VOTES RECORDED FOR
EACH OFFICE. [If the voting machine records write-in votes on a regis-
ter or roll in a separately sealed compartment, a] THE board of
elections [may, by resolution adopted at least thirty days before the
date of an election, determine to] SHALL canvass the write-in votes cast
for each office on the [write-in register or roll either] ELECTION DAY
PAPER BALLOTS at the time of the recanvass conducted pursuant to section
9-208 of this article [or direct that the chairman of the board of
inspectors shall, under the scrutiny of an inspector of a different
political party, read the votes recorded for each office on the write-in
ballots at the close of the polls]. [He] THE CHAIR shall also in the
same manner announce the vote on each ballot proposal. The [vote as
registered] RESULTS ON THE TABULATED RESULT TAPE shall be [entered on]
ENTERED ON OR THE TABULATED RESULT TAPE SHALL BE AFFIXED TO the
[returns] RETURN of canvass [in ink,] FOR THAT BALLOT SCANNER OR
ELECTION DISTRICT PURSUANT TO SECTION 9-120 OF THIS TITLE, by an inspec-
tor[, other than the chairman], under the scrutiny of an inspector of a
different political party, in the space [which has the same designating
number and letter, after which the figures shall be verified by being
called off in the same manner from the counters of the machine by an
inspector of opposite political faith from the chairman] INDICATED;
PROVIDED, HOWEVER, IF ANY ELECTION DAY PAPER BALLOTS WERE HAND COUNTED,
THE RESULTS OF SUCH HAND COUNTING SHALL BE RECORDED ON THE RETURN OF
CANVASS AND BE ADDED TO THE NUMBERS REPORTED FROM THE TABULATED RESULTS
TAPE TO PRODUCE A SINGLE RESULT FOR EACH CANDIDATE AND BALLOT PROPOSAL.
The return of canvass, which shall show the [total] AGGREGATE number of
votes cast for each office, the number of votes cast for each candidate
APPEARING ON THE BALLOT FOR EACH OFFICE AND THE AGGREGATE NUMBER OF
WRITE-IN VOTES FOR EACH OFFICE, [as shown on his counter and the number
of votes for persons not nominated] shall then be filled out. Such
return AND TABULATED RESULT TAPE shall be signed by each inspector. [The
counter compartment of the voting machine shall remain open until the
official returns and all other reports have been fully completed and
verified by the board of inspectors.]
(b) [If the machine is provided with a device for printing or photo-
graphing candidate and amendment counters, the printed or photographic
record produced by the machine shall be the official return of the
canvass and the result of the votes as shown thereon shall be proclaimed
in the same manner as herein provided and ample opportunity shall be
given to any person lawfully present to inspect such printed or photo-
graphic record. A] THE printed or photographic record produced by such
machine shall include a certificate which the inspectors shall sign,
stating [that the machine has been locked against voting and sealed;]
the number of voters as shown on the public counter[; the number on the
seal;] and the number on the protective counter.
(c) 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 shall be removed from the machine after copies of the print-
ed record, sufficient to meet the requirements of this chapter and the
regulations of the board of elections, have been produced. After the
device is removed from the machine, the inspectors shall [sign their
names in the place provided on the seal on the outside of such device
and then place such device in the envelope or other container provided
for its return to the board of elections] PLACE SUCH DEVICE IN THE
SECURE ENVELOPE OR OTHER SECURE CONTAINER PROVIDED FOR ITS RETURN TO THE
S. 8151 4
BOARD OF ELECTIONS. SUCH SECURE CONTAINER SHALL BE SIGNED BY THE INSPEC-
TORS UPON THE SECURING OF THE DEVICE THEREIN.
S 4. Paragraph (a) of subdivision 2 of section 9-102 of the election
law, as amended by chapter 647 of the laws of 1982, is amended to read
as follows:
(a) The inspectors shall canvass the machine vote by [opening the
counting compartments] PRINTING THE BALLOT SCANNER TABULATED RESULTS
TAPE in the presence of the watchers and all other persons who may be
lawfully within the polling place, giving full view of [all] the [count-
er] TABULATED RESULT TAPE numbers. The [chairman] CHAIR of the board of
inspectors shall, under the scrutiny of an inspector of a different
political party, in the order of the offices as their titles are
arranged on the [machine] TABULATED RESULT TAPE, read and announce in
distinct tones the [designating number and letter on each counter,]
PUBLIC OFFICE OR PARTY POSITION, CANDIDATE NAME, POLITICAL PARTY AND the
result as shown [by] ON the [counter number,] TABULATED RESULT TAPE and
then shall [read] ANNOUNCE the AGGREGATE NUMBER OF WRITE-IN votes
recorded for each office [on the write-in ballots]. [He] THE CHAIR shall
also in the same manner announce the vote on each ballot proposal. The
[vote as registered] RESULTS ON THE TABULATED RESULT TAPE shall be
entered on OR THE TABULATED RESULT TAPE SHALL BE AFFIXED TO the
[returns] RETURN of canvass [in ink,] FOR THAT BALLOT SCANNER OR
ELECTION DISTRICT PURSUANT TO SECTION 9-120 OF THIS TITLE by an inspec-
tor[, other than the chairman], under the scrutiny of an inspector of a
different political party, in the space [which has the same designating
number and letter, after which the figures shall be verified by being
called off in the same manner from the counters of the machine by an
inspector of opposite political faith from the chairman] INDICATED;
PROVIDED, HOWEVER, IF ANY ELECTION DAY PAPER BALLOTS WERE HAND COUNTED
PURSUANT TO SUBDIVISION TWO OF SECTION 9-110 OF THIS TITLE, THE RESULTS
OF SUCH HAND COUNTING SHALL BE RECORDED ON THE RETURN OF CANVASS AND BE
ADDED TO THE NUMBERS REPORTED FROM THE TABULATED RESULTS TAPE TO PRODUCE
A SINGLE TOTAL RESULT FOR EACH CANDIDATE AND BALLOT PROPOSAL. The
return of canvass, which shall show the [total] AGGREGATE number of
votes cast for each office, the number of votes cast for each candidate
APPEARING ON THE BALLOT FOR EACH OFFICE AND THE AGGREGATE NUMBER OF
WRITE-IN VOTES FOR EACH OFFICE, [as shown on his counter and the number
of votes for persons not nominated] shall then be filled out. Such
return AND TABULATED RESULT TAPE shall be signed by each inspector. [The
counter compartment of the voting machine shall remain open until the
official returns and all other reports have been fully completed and
verified by the board of inspectors.]
S 5. Subdivision 3 of section 9-102 of the election law, as amended by
chapter 647 of the laws of 1982, paragraph (a) as amended by chapter 262
of the laws of 1986, is amended to read as follows:
3. (a) During the canvass time any candidate or duly accredited
watcher who may desire to be present shall be admitted to the polling
place. [The proclamation of the result of the votes cast shall be delib-
erately announced in a distinct voice by the chairman of the board of
inspectors who shall read the name of each candidate, with the designat-
ing number and letter of his counter, and the vote registered on such
counter; also the vote cast for and against each ballot proposal.]
During [such] THE proclamation OF THE RESULT, ample opportunity shall be
given to any person lawfully present to compare the results so announced
with [the counter dials of the machine or the numbers on] the [printed
or photographic record] SUM OF THE VOTES APPEARING ON THE TABULATED
S. 8151 5
RESULT 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 [board, after which] INSPECTORS. THEREAFTER, the [doors
of the] voting machine shall be closed and locked. The first copy of the
printed record for each voting machine [which does not have counters
shall] SHOULD be posted on the wall of the polling place forthwith;
provided, however, that if only one copy of such printed record can be
printed by any such machine at any election, such copy shall be used in
preparation of the statement of returns required by this title. [Before
adjourning, the board shall, with the seal provided therefor, so seal
the operating lever of the machine that the voting and counting mech-
anism will be prevented from operation.]
(b) [Paper] ELECTION DAY PAPER ballots [and emergency ballots cast
during voting machine breakdowns which have been voted] THAT HAVE NOT
BEEN SCANNED shall [then] be canvassed and tallied[, the vote thereon
for each candidate and ballot proposal, announced and added to the vote
as recorded on the return of canvass] PURSUANT TO SECTIONS 9-108 AND
9-110 OF THIS TITLE.
(c) [Absentee and military, special federal, and special presidential
ballots shall then be canvassed and tallied, the vote thereon for each
candidate announced and added to the vote as recorded on the statement
of canvass and a final proclamation made as to the total vote received
by each candidate and ballot proposal.
(d)] 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.
S 5-a. Section 9-104 of the election law is REPEALED.
S 6. Section 9-106 of the election law is amended to read as follows:
S 9-106. [Paper] OFFICIAL ballots; accounting for number used. At the
close of the polls and before any boxes or envelope containing voted
ballots are opened, the clerks, or if there be no clerks, two inspectors
representing different parties designated by the [chairman] CHAIR, shall
[make up in duplicate in ink the ballot returns, which shall] account
for all of the paper ballots furnished to the election district[, except
the absentee, military and special presidential ballots accounted for
pursuant hereto]. [They] ON A RECONCILIATION FORM SUPPLIED BY THE BOARD
OF ELECTIONS, THEY shall count [and], verify AND RECORD ON SUCH FORM the
number of [each kind of] unused ballots [and enter it upon the ballot
returns. They shall then open the box or envelope, for], THE NUMBER OF
ballots cancelled before delivery [and] TO VOTERS IN THE POLL SITE, THE
NUMBER OF BALLOTS spoiled and returned by voters [, separate them into
their several kinds, count all ballots of each kind and enter the
several results upon the ballot returns] 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. 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 POLL SITE, AND THE REMAINDER NUMBER
SHALL BE DETERMINED TO BE THE NUMBER OF BALLOTS SECURED IN THE EMERGENCY
BALLOT BOX OR OTHER SECURE STORAGE CONTAINER PROVIDED BY THE BOARD OF
ELECTIONS. THIS REMAINDER NUMBER SHALL BE RECORDED ON THE BALLOT RECON-
CILIATION FORM.
[They shall make the additions and subtractions called for by the
returns and prove their figures. If adhesive pasters have been used for
any office or party position, the return for the ballots for which the
pasters were supplied shall contain a memorandum showing the number of
S. 8151 6
pasters received, the number affixed to ballots and the number unused
and returned.] Such clerks or inspectors shall then [tie securely in a
separate package each kind of ballot and each kind of stub, counted as
above provided, and shall plainly label, seal and return the same to]
SEPARATE, LABEL AND PLACE EACH TYPE OF BALLOT IN the box [from which it
was taken] OR CONTAINER PROVIDED BY THE BOARD OF ELECTIONS, and securely
lock [and] OR seal [the] EACH SUCH box OR CONTAINER. [Such clerks or
inspectors shall also securely tie all unused ballots in a sealed pack-
age. They shall also enter on the ballot return, the number of emergen-
cy ballots, if any, delivered to voters.] They shall then sign such
[ballot returns] RECONCILIATION FORM.
S 7. Subdivision 1 of section 9-108 of the election law is amended to
read as follows:
1. [The] FOR ALL ELECTION DAY PAPER BALLOTS CAST WHEN A BALLOT SCANNER
IS NOT AVAILABLE, BALLOTS ABANDONED BY A VOTER AT THE BALLOT SCANNER, AS
DEFINED IN 9 NYCRR 6210.13(A)(11)(A) OR BALLOTS SUBMITTED BY THE VOTER
WHICH ARE OTHERWISE NON-MACHINE PROCESSABLE, AS DEFINED IN 9 NYCRR
6210.13(A)(8), THE board of inspectors, at the beginning of the canvass,
shall count the NUMBER OF UNSCANNED ballots found in each [ballot] EMER-
GENCY box [without unfolding them, except so far as to ascertain] OR
OTHER SECURE STORAGE CONTAINER PROVIDED BY THE BOARD OF ELECTIONS,
ASCERTAINING that each ballot is single, and shall compare the number of
ballots found in [each] SUCH box OR CONTAINER with the REMAINDER number
[shown by the registration poll records, and the ballot returns to have
been deposited therein] OF BALLOTS, AS DETERMINED PURSUANT TO SECTION
9-106 OF THIS TITLE.
S 8. Section 9-110 of the election law, as amended by chapter 647 of
the laws of 1982, is amended to read as follows:
S 9-110. Canvass; ELECTION DAY PAPER ballots THAT HAVE NOT BEEN
SCANNED; method of. [The method of canvassing ballots other than ballots
upon ballot proposals] 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 RESULT 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 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
[chairman then] 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
[chairman] CHAIR, if the ballot is void or the ballot or section is
wholly blank, shall announce as many void or blank votes as there are
persons to be elected to the office or party position. On a primary
ballot a "section," as the term is used above, shall mean the space
occupied by the title of an office or party position, names of candi-
dates therefor and the voting squares therewith. The canvass of each
ballot must be completed before the next ballot is taken up [except that
in canvassing the ballots at a general election in an even numbered year
S. 8151 7
the votes upon the first section of each ballot shall be canvassed
first, and when the canvass of such section on each such ballot is
completed the ballot shall be placed in a new pile]. When the tallies
of the votes [on the first section] of all such ballots are proven, and
the results announced, the inspectors' [returns of the vote thereon]
shall [be filled out. The remaining sections of each such ballot shall
then be canvassed, the canvass of each ballot to be completed before the
next ballot is taken up] RECORD THE RESULTS 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.
S 8-a. Section 9-208 of the election law, the section heading as
amended by chapter 373 of the laws of 1978, subdivision 1 as amended by
chapter 359 of the laws of 1989, and subdivision 2 as amended by chapter
9 of the laws of 1978, is amended to read as follows:
S 9-208. Provisions for recanvass of vote in every election district
in the state; procedure in case of discrepancy. 1. Within fifteen days
after each general, special or primary election, and within seven days
after every village election conducted by the board of elections at
which [voting machines] BALLOT SCANNERS are used, the board of
elections, or a bipartisan committee of or appointed by said board[,]
shall, in each county using [voting machines] BALLOT SCANNERS, make a
record of the SERIAL number [on the seal and the number on the protec-
tive counter,] of each [voting machine] BALLOT SCANNER used in each
election district in such general, special or primary election[, shall
open the counter compartment of each of such machine, and, without
unlocking such machine against voting, shall recanvass the vote cast
thereon or, if the machine is provided with a device for printing or
photographing the counters, such board or committee shall]. NO PERSON
WHO WAS A CANDIDATE AT SUCH ELECTION SHALL BE APPOINTED TO MEMBERSHIP ON
THE COMMITTEE. SUCH BOARD OF ELECTIONS OR BIPARTISAN COMMITTEE SHALL
recanvass [such printed or photographic record or, if the machine is
provided with a removable electronic or computerized device which
records the vote cast on such machine and from which a printed copy of
such vote may be made mechanically or electronically and also a device
for printing or photographing such vote directly from the voting
machine, such board or committee shall recanvass the vote] THE TABULATED
RESULT TAPE FROM EACH BALLOT SCANNER USED IN EACH ELECTION DISTRICT by
comparing [the vote on the printed copy of the canvass made from such
removable device with the printed or photographed copy of the canvass
made directly from the voting machine at the close of the polls] SUCH
TAPE WITH THE NUMBERS AS RECORDED ON THE RETURN OF CANVASS. [No person
who was a candidate at such election shall be appointed to membership on
the committee.] The said board or committee shall [during such time,]
ALSO make a recanvass of any [absentee and military, special federal,
special presidential, emergency] ELECTION DAY PAPER BALLOTS THAT HAVE
NOT BEEN SCANNED AND WERE HAND COUNTED PURSUANT TO SUBDIVISION TWO OF
SECTION 9-110 OF THIS ARTICLE and COMPARE THE RESULTS WITH THE NUMBER AS
RECORDED ON THE RETURN OF CANVASS. THE BOARD OR COMMITTEE SHALL THEN
RECANVASS write-in VOTES, IF ANY, ON ballots which were OTHERWISE
SCANNED AND canvassed at polling places on election night [and delivered
to the board of elections by the person filing returns]. THE BOARD OR
COMMITTEE SHALL VALIDATE AND PROVE SUCH SUMS. Before making such canvass
the board of elections, with respect to each election district to be
recanvassed, shall give notice in writing to the voting machine custo-
dian thereof, to the state and county [chairman] CHAIR of each party or
independent body which shall have nominated candidates for the said
S. 8151 8
general or special election or nominated or elected candidates at the
said primary election and to each individual candidate whose name
appears on [said machine] THE OFFICE BALLOT, of the time and place where
such canvass is to be made; and the state and county [chairman] CHAIR of
each such party or independent body and each such individual candidate
may send a representative to be present at such recanvass. Each candi-
date whose name appears on [said machine] THE OFFICIAL BALLOT, or his OR
HER representative, shall have the right personally to examine and make
a [copy] RECORD of the vote recorded on [such machine] THE TABULATED
RESULT TAPE and ANY ballots WHICH WERE HAND COUNTED.
2. If upon such recanvass, it shall be found that the original canvass
of the returns OF AN ELECTION DISTRICT has been incorrectly made from
any [machine or machines or upon the result of any absentee and mili-
tary, special federal, special presidential, emergency or alleged write-
in ballot] TABULATED RESULT TAPE PLUS ANY BALLOTS WHICH WERE HAND COUNT-
ED, a statement in writing shall be prepared giving [in detail] THE
DETAILS for [each such machine or total of such ballots or alleged
write-in ballots cast, the] ANY CORRECTIONS MADE FOR SUCH ELECTION
DISTRICT. THE result of the recanvass, and such statement shall be
witnessed by the persons required to be present and shall be filed with
the board of elections. Such recanvass of votes made pursuant hereto
shall thereupon supersede the returns filed by the inspectors of
election of the election district in which the canvass was made.
3. If upon [such] THE recanvass OF AN ELECTION DISTRICT, it shall be
found that a discrepancy [still remains unaccounted for,] EXISTS BETWEEN
THE NUMBER OF VOTERS WHO CAST A VOTE IN AN ELECTION DISTRICT AND THE
NUMBER OF VOTES RECORDED ON THE TABULATED RESULTS TAPE PLUS ANY ELECTION
DAY PAPER BALLOTS COUNTED BY HAND the board of elections, or the commit-
tee thereof, [with the assistance of the custodian of the machine, shall
unlock the voting and counting mechanism of the machine and] shall
proceed thoroughly to examine [and test the machine] ALL THE ELECTION
DAY PAPER BALLOTS IN THAT ELECTION DISTRICT to determine [and reveal the
true cause or causes, if any, of the discrepancy in] the [returns]
RESULT from such [machine] ELECTION DISTRICT. [Before testing, the
counters shall be reset at zero and each counter shall be operated at
least one hundred times.] THE RESULT OF THIS EXAMINATION OF ELECTION DAY
BALLOTS SHALL SUPERSEDE THE RETURNS FILED BY THE INSPECTORS OF ELECTION
OF THE ELECTION DISTRICT IN WHICH THE CANVASS WAS MADE. After the
completion of such examination [and test], the [custodian] BOARD OF
ELECTIONS, OR THE COMMITTEE THEREOF, shall then and there prepare a
statement in writing giving in detail the result thereof, and such
statement shall be witnessed by the persons required to be present and
shall be filed in the office of the board of elections.
S 8-b. The opening paragraph and subparagraph (i) of paragraph (a) of
subdivision 2 of section 9-209 of the election law, as amended by chap-
ter 104 of the laws of 2010, are amended to read as follows:
Before completing the canvass of votes cast in any primary, general,
special, or other election at which voters are required to sign their
registration poll records before voting, the board of elections shall
proceed in the manner hereinafter prescribed to cast and canvass any
absentee, military, special presidential, special federal or other
special ballots [which were not cast and canvassed at the polling
place,] and any ballots voted by voters who moved within the county or
city after registering, voters who are in inactive status, voters whose
registration was incorrectly transferred to another address even though
they did not move, [or] voters whose registration poll records were
S. 8151 9
missing on the day of such election [or], voters who have not had their
identity previously verified [or] AND VOTERS whose registration poll
records did not show them to be enrolled in the party in which they
claimed to be enrolled. Each such ballot shall be retained in the
original envelope containing the voter's affidavit and signature, in
which it is delivered to the board of elections until such time as it is
to be cast and canvassed.
(i) Upon assembling at the time and place fixed for such meeting, each
central board of inspectors shall cast and canvass the envelopes and the
ballots therein contained as nearly as practicable in the manner
provided by this chapter for a board of inspectors to consider, cast,
and canvass absentee ballot envelopes [and ballots at the polling
place].
S 9. Section 11-212 of the election law, as amended by chapter 165 of
the laws of 2009, is amended to read as follows:
S 11-212. Special federal ballots; deadline for receipt[, and delivery
to polling place]. All special federal ballots received by the board of
elections before the close of the polls on election day [may be deliv-
ered to the inspectors of the election districts in which the voters are
registered, in the manner prescribed by this chapter for absentee
ballots, or] SHALL BE retained by the board of elections and cast and
canvassed pursuant to section 9-209 of this chapter [as the board of
elections, in its discretion, shall determine by resolution adopted at
least thirty days before election day]. All ballots contained in envel-
opes showing a cancellation mark of the United States postal service or
a foreign country's postal service, or showing a dated endorsement of
receipt by another agency of the United States government, with a date
which is ascertained to be not later than the day before election, shall
be cast and counted if received by the board of elections not later than
seven days following the day of a primary election or thirteen days
following the day of a general or special election except that the
special federal ballot of a voter who requested such ballot by letter,
rather than application, shall not be counted unless a valid application
form, signed by such voter, is received by the board of elections with
such ballot. All ballots received by the board of elections and all
federal write-in ballots received from special federal voters not later
than seven days following the day of a primary election or thirteen days
following the day of a general or special election, shall be retained at
the board and shall be cast and canvassed in the same manner as other
ballots retained by such board.
S 10. Section 11-300 of the election law, as amended by chapter 302 of
the laws of 1990, is amended to read as follows:
S 11-300. Special ballots on account of religious scruples. A voter
may deliver to the inspectors of election of the election district in
which he is registered, or to the board of elections, at any time during
the period in which an application for absentee ballot may be so deliv-
ered pursuant to the provisions of this chapter, a written statement of
religious scruples against voting at a polling place located in a prem-
ises used for religious purposes. In the event the polling place for any
such voter's election district shall be located in a premises used for
religious purposes, the board of elections shall permit such voter to
cast a special ballot, at an office of such board of elections, not
earlier than one week before the election and not later than the close
of the polls on election day. Such ballots [may be delivered to the
inspectors of election in the manner prescribed by this chapter for
absentee ballots or] SHALL BE retained at the board of elections and
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cast and canvassed pursuant to the provisions of section 9-209 of this
chapter [as such board shall, in its discretion, determine by resolution
adopted at least thirty days before election day].
S 11. Section 11-302 of the election law, as amended by chapter 243 of
the laws of 2003, is amended to read as follows:
S 11-302. Special ballots for board of election employees. A person
who is an employee of the board of elections or who has been appointed
to serve as an inspector of elections, poll clerk or election coordina-
tor at a polling place other than the one at which he or she is regis-
tered to vote, may deliver to the inspectors of election of the election
district in which he or she is registered, or to the board of elections,
at any time during the period in which an application for an absentee
ballot may be so delivered pursuant to the provisions of this chapter, a
written statement that he or she will be unable to appear at the polling
place for such election district on the day of an election because his
or her duties as an employee of such board or as an inspector, poll
clerk or election coordinator require him or her to be elsewhere. The
board of elections shall provide such voter a special ballot not earlier
than two weeks before the election and not later than the close of the
polls on election day. Such cast ballots may be delivered to an office
of such board of elections or to any board of inspectors not later than
the close of the polls on election day. Such ballots [may be delivered
to the inspectors of election in the manner prescribed by this chapter
for absentee ballots or] SHALL BE retained at the board of elections and
cast and canvassed pursuant to the provisions of section 9-209 of this
chapter [as such board shall, in its discretion, determine by resolution
adopted at least thirty days before election day].
S 12. Section 11-304 of the election law is REPEALED.
S 13. Section 11-306 of the election law, as amended by chapter 38 of
the laws of 2010, is amended to read as follows:
S 11-306. Special ballots; victims of domestic violence. 1. A voter
may deliver to the board of elections, at any time during the period in
which absentee ballot applications may be delivered, a signed written
statement swearing or affirming:
(a) that he or she is the victim of domestic violence;
(b) that he or she has left his or her residence because of such
violence; and
(c) that because of the threat of physical or emotional harm to
himself or herself or to family or household members, he or she wishes
to cast a special ballot in the next election. The statement must
include the voter's address of registration. The board of elections
shall permit such a voter to cast a special ballot at an office of such
board of elections not earlier than one week before the election and not
later than the close of the polls on election day. Such ballots [may be
delivered to the inspectors of election in the manner prescribed by this
chapter for absentee ballots or] SHALL BE retained at the board of
elections and cast and canvassed pursuant to the provisions of section
9-209 of this chapter [as such board shall, in its discretion, determine
by resolution adopted at least thirty days before election day].
2. "Family or household members" mean the following individuals:
(a) persons related by consanguinity or affinity;
(b) persons legally married to one another;
(c) persons formerly married to one another regardless of whether they
still reside in the same household;
(d) persons who have a child in common regardless of whether such
persons are married or have lived together at any time; or
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(e) persons who are not related by consanguinity or affinity and who
are or have been in an intimate relationship regardless of whether such
persons have lived together at any time.
S 14. Section 16-113 of the election law, as added by chapter 181 of
the laws of 2005, is amended to read as follows:
S 16-113. [Audit of] PROCEEDING WITH RESPECT TO voter verifiable
records. The supreme court, by a justice within the judicial district,
or the county court, by a county judge within his or her county, by any
candidate or his or her agent, may direct a manual audit of the voter
verifiable audit records applicable to any candidate running for office
within such judicial district or county where (1) the uniform statewide
standard promulgated by regulation by the state board of elections
pursuant to subdivision three of section 9-211 of this chapter with
respect to discrepancies between manual audit tallies and voting
machines or systems tallies requires a further voter verifiable record
audit of additional voting machines or systems or all voting machines or
systems applicable to such election, or (2) where evidence presented to
the court otherwise indicates that there is a likelihood of a material
discrepancy between such manual audit tally and such voting machine or
system tally, OR A DISCREPANCY AS DEFINED IN SUBDIVISION THREE OF
SECTION 9-208 OF THIS CHAPTER, which creates a substantial possibility
that the winner of the election as reflected in the voting machine or
system tally could change if a voter verifiable record audit of addi-
tional voting machines or systems or of all voting machines or systems
applicable to such election were conducted.
S 15. This act shall take effect immediately, provided, however, that
the amendments to paragraph (a) of subdivision 2 of section 9-102 of the
election law made by section three of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 3 of
chapter 92 of the laws of 2001, as amended, when upon such date the
provisions of section four of this act shall take effect.
