S T A T E O F N E W Y O R K
________________________________________________________________________
4848
2011-2012 Regular Sessions
I N A S S E M B L Y
February 8, 2011
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Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to canvass of write-in
votes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 9-102 of the
election law, as amended by chapter 163 of the laws of 2010, is amended
to read as follows:
(a) The inspectors shall canvass the machine vote by 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 the tabulated result tape numbers. The 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 tabulated result tape, read and announce in distinct
tones the public office or party position, candidate name, political
party and the result as shown on the tabulated result tape and then
shall announce the aggregate number of write-in votes recorded for each
office. IF THE VOTING TABULATED RESULT TAPE RECORDS WRITE-IN VOTES ON A
REGISTER OR ROLL IN A SEPARATELY SEALED COMPARTMENT, A BOARD OF
ELECTIONS MAY, BY RESOLUTION ADOPTED AT LEAST THIRTY DAYS BEFORE THE
DATE OF AN ELECTION, DETERMINE TO CANVASS THE WRITE-IN VOTES CAST FOR
EACH OFFICE ON THE WRITE-IN REGISTER OR ROLL EITHER 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. The
chair shall also in the same manner announce the vote on each ballot
proposal. The results on the tabulated result tape shall be entered on
or the tabulated result tape shall be affixed to the return of canvass
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07893-01-1
A. 4848 2
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; 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 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, shall
then be filled out. Such return and tabulated result tape shall be
signed by each inspector.
S 2. This act shall take effect immediately.