senate Bill S3536C

Signed By Governor
2013-2014 Legislative Session

Relates to election canvass procedures; repealer

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 21, 2013 signed chap.334
Aug 20, 2013 delivered to governor
Jun 20, 2013 returned to senate
passed assembly
ordered to third reading rules cal.172
substituted for a109c
referred to election law
delivered to assembly
passed senate
Jun 17, 2013 amended on third reading 3536c
Jun 13, 2013 amended on third reading 3536b
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
amended 3536a
Jun 05, 2013 1st report cal.1148
Feb 05, 2013 referred to elections

Votes

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Bill Amendments

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A
B
C (Active)
Original
A
B
C (Active)

S3536 - Bill Details

See Assembly Version of this Bill:
A109C
Law Section:
Election Law
Laws Affected:
Rpld §9-128, amd El L, generally
Versions Introduced in 2011-2012 Legislative Session:
A10175B, S7709A

S3536 - Bill Texts

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Relates to election canvass procedures; removes certain provisions relating to return of canvass.

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BILL NUMBER:S3536

TITLE OF BILL: An act to amend the election law, in relation to canvass
procedures; and to repeal section 9-128 of the election law relating
thereto

PURPOSE: This bill modernizes and streamlines the procedures for the
election night canvass procedure and associated close of poll tasks.

SUMMARY OF PROVISIONS: A new subsection is added to section 9-102 to
modernize the canvass procedures for the City of New York allowing a
portable memory device to be used for unofficial tally.

Section 9-106 is amended to allow the ballot scanner's close the polls
mechanism to be initiated and results tape printed if the ballot recon-
ciliation process is finalized and there are no ballots in the emergency
ballot boxes.

Section 9-120 is rewritten to allow for results tapes from each ballot
scanner to be -attached the return of canvass form without the numbers
from each results tape to be transcribed onto such form.

Section 9-120(3) allows boards of elections to authorize consolidated
returns of canvass in poll sites with more than one election district.

Section 9-124 provides that the portable memory device with correspond-
ing results tape may be transported separately from other materials to
be used to produce an unofficial tally.

A new subsection three is added to section 9-124 to mandate that the
Person receiving the return of canvass in the board of elections shall
provide the name of the person accepting the delivery, the time of
delivery and the name of person making the delivery to be filed in the
office of the board of elections.

Section 9-126(2)(b) mandates that the board of elections make the unof-
ficial tally available to the media in a public place or on the Internet
as the results become known to it.

Section 9-126 is also amended to allow, but not require, the police in
New York City to transport the election materials to the boards of
elections.

JUSTIFICATION: Local boards of elections are required to carry out
numerous tasks after the close of the polls. to ensure the integrity of
the vote and produce an unofficial tally of the results. Under current
law, election workers administering the polls on election night often
have substantial difficulty completing these tasks in the manner that
has been deemed to be necessary in some jurisdictions. This has been a
particular problem in some poll sites in New York City where numerous

ballot scanners may be used to read ballots of voters from multiple
election districts during the course of the day.

This bill is intended to clarify the nature of the tasks and alter the
order they need to be undertaken in order to streamline and rationalize
the procedures, while maintaining absolute integrity in the process and
the official outcome of our elections.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall apply
to any election held on or after the seventy-fifth day after it shall
have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3536

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to canvass procedures; and
  to repeal section 9-128 of the election law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "election
night poll site procedures act of 2013".
  S 2. Section 9-100 of the election law, as amended by chapter  234  of
the laws of 1976, is amended to read as follows:
  S  9-100.  Canvass; required. At the close of the polls the inspectors
of election shall, in the order set  forth  herein,  [lock  the  machine
against  voting] CLOSE POLLS, account for the paper ballots, canvass the
machine, cast and canvass all the ballots,  canvass  and  ascertain  the
total  vote  and  they  shall  not  adjourn  until  the canvass be fully
completed.
  S 3. Section 9-102 of the election law, subdivision 1  as  amended  by
section  2,  subdivision  2  as  amended  by section 3, paragraph (a) of
subdivision 2 as amended by section 4 and subdivision 3  as  amended  by
section  5  of  chapter 163 of the laws of 2010, subdivisions 4 and 6 as
amended by chapter 9 of the laws of 1978, is amended to read as follows:
  S 9-102. Canvass; general provisions for. 1. [As] EXCEPT IN  THE  CITY
OF  NEW  YORK,  AS  soon  as  the  polls of the election are closed, the
inspectors of election thereat shall, in the  order  set  forth  herein;
[a.)]  (A)  place  an inspector at the ballot scanner to prevent further
voting; [b.)] (B) reconcile the paper ballots pursuant to section  9-106
of  this  title;  [c.)]  (C) remove surplus ballots, if any, pursuant to
section 9-108 of this title; [d.)] (D) scan the ballots contained in the
emergency box or other secure  storage  container  pursuant  to  section
9-110 of this title; [e.)] (E) hand count and secure ballots that cannot
be  scanned pursuant to section 9-110 of this title; [f.)] (F) close the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03458-01-3

S. 3536                             2

poll, print the tabulated [result] RESULTS tape, announce the result and
sign the return of canvass pursuant to subdivisions  2  and  3  of  this
section;  [g.)] (G) close, lock and seal the machine; and [h.)] (H) sign
the close of poll certificate, as provided by the board of elections.
  1-A. IN THE CITY OF NEW YORK, 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) SCAN THE BALLOTS CONTAINED IN THE  EMERGENCY  BOX  OR  OTHER
SECURE STORAGE CONTAINER PURSUANT TO SECTION 9-110 OF THIS TITLE, UNLESS
IT  IS NOT POSSIBLE TO DETERMINE WHICH SUCH BALLOTS SHOULD BE SO SCANNED
BECAUSE THE ACCOUNTING AND RECONCILIATION REQUIRED BY SECTION  9-106  OF
THIS  TITLE CANNOT BE COMPLETED WITHOUT FIRST PRINTING THE RESULTS TAPE;
(C) INITIATE THE BALLOT SCANNER'S CLOSE THE POLL  MECHANISM,  PRINT  THE
TABULATED  RESULTS  TAPE,  AND  POST  THE  RESULTS  TAPE OR ANNOUNCE ITS
CONTENTS OR BOTH; (D) REMOVE ONE OF THE PORTABLE MEMORY DEVICES FROM THE
BALLOT SCANNER FOR THE PURPOSE OF  REPORTING  THE  UNOFFICIAL  TALLY  OF
ELECTION  RESULTS PURSUANT TO SECTION 9-126 OF THIS TITLE; (E) RECONCILE
THE PAPER BALLOTS PURSUANT TO SECTION 9-106 OF THIS  TITLE;  (F)  REMOVE
SURPLUS  BALLOTS,  IF ANY, PURSUANT TO THIS SECTION AND SECTION 9-108 OF
THIS TITLE; (G) HAND COUNT AND SECURE BALLOTS  THAT  CANNOT  BE  SCANNED
PURSUANT  TO  THIS  SECTION AND SECTION 9-110 OF THIS TITLE; (H) POST OR
ANNOUNCE THE RESULTS OF ANY HAND COUNTS AND SIGN THE RETURN  OF  CANVASS
PURSUANT  TO SUBDIVISIONS TWO AND THREE OF THIS SECTION; (I) CLOSE, LOCK
AND SEAL THE MACHINE; AND (J) SIGN THE CLOSE  OF  POLL  CERTIFICATE,  AS
PROVIDED BY THE BOARD OF ELECTIONS.
  2. (a) The inspectors shall canvass the [machine vote by printing the]
ballot  scanner  tabulated  RESULTS  BY PRINTING THE results tape in the
presence of the watchers and all other persons who may be lawfully with-
in the polling place, giving full view of the tabulated [result] RESULTS
tape numbers. [The chair of the board of inspectors] AN INSPECTOR shall,
under the scrutiny of an  inspector  of  a  different  political  party,
EITHER  POST  THE  RESULTS TAPE OR READ AND ANNOUNCE in the order of the
offices as their titles are arranged on the tabulated  [result]  RESULTS
tape,  [read  and announce] in distinct tones the public office or party
position, candidate name, political party and the  [result]  RESULTS  as
shown on the tabulated [result] RESULTS tape and then shall announce the
[aggregate]  number  of  write-in  votes  recorded  for each office. The
[chair] INSPECTORS shall also in the same manner POST  OR  announce  the
[vote on] RESULTS FOR each ballot proposal.
  (B)  The  results  on  the  tabulated  [result]  RESULTS tape shall be
entered on or the tabulated  [result]  RESULTS  tape  (REPRESENTING  THE
AGGREGATE  RESULTS OF VOTES CAST ON THE BALLOT SCANNER OR THE RESULTS BY
ELECTION DISTRICT AS APPLICABLE) 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 inspec-
tor of a different political party, in the space  indicated[;  provided,
however, if]. IF any election day paper ballots were hand counted pursu-
ant  to THIS SECTION AND subdivision two of section 9-110 of this title,
[the results] AN INSPECTOR SHALL, UNDER THE SCRUTINY OF AN INSPECTOR  OF
A  DIFFERENT  POLITICAL  PARTY,  EITHER  POST  OR  READ AND ANNOUNCE THE
RESULTS OF SUCH HAND COUNT. THE TALLY SHEET of ANY  such  hand  counting
shall  be  SIGNED  BY  THE  INSPECTORS CONDUCTING SAME AND AFFIXED TO OR
recorded on the return of canvass [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

S. 3536                             3

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] RESULTS tape shall be
signed by TWO INSPECTORS OF each [inspector] MAJOR POLITICAL PARTY.
  [(b)]  (C)  The  [printed  or  photographic  record  produced  by such
machine] RESULTS TAPE shall include a certificate which  the  inspectors
shall  sign, stating the number of voters as shown on the public counter
and the number on the protective counter.
  [(c)] (D) If the machine is provided with a  removable  electronic  or
computerized  device  which  records the total of the votes cast on such
machine (SUCH DEVICE, FOR PURPOSES OF THIS SECTION  A  "PORTABLE  MEMORY
DEVICE"),  such device shall be removed from the machine after copies of
the [printed record] RESULTS TAPE, sufficient to meet  the  requirements
of this chapter and the regulations of the board of elections, have been
produced.  After the PORTABLE MEMORY device is removed from the machine,
the inspectors shall place such device in the secure envelope  or  other
secure container provided for its return to the board of elections. Such
secure  container shall be signed by the inspectors upon the securing of
the device therein.
  3. (a) During the canvass time any candidate or duly accredited watch-
er who may desire to be present shall be admitted to the polling  place.
During  the proclamation of the result, ample opportunity shall be given
to any person lawfully present to compare the results so announced  with
the  sum  of  the votes appearing on the tabulated [result] 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 [printed record]  RESULTS  TAPE  for  each  voting
machine  should  be  posted  on the wall of the polling place forthwith;
provided, however, that if  only  one  copy  of  such  [printed  record]
RESULTS  TAPE  can  be printed by any such machine at any election, such
copy shall be used in preparation  of  the  [statement  of]  returns  OF
CANVASS required by this title.
  (b)  Election  day  paper  ballots that have not been scanned shall be
canvassed and tallied pursuant to THIS SECTION AND  sections  9-108  and
9-110 of this title.
  (c)  At  a primary election, the ballots of the parties represented on
the board of inspectors shall be canvassed before the ballots  of  other
parties are canvassed.
  4. All types of ballots, enclosed in properly sealed envelopes respec-
tively, and properly endorsed shall be filed with the original return of
canvass, AS PROVIDED FOR IN SECTION 9-106 OF THIS TITLE.
  5.  The  inspector  OR  OTHER COURIER ASSIGNED BY THE BOARD filing the
returns shall deliver to the board or officer from  whom  received,  the
keys  of  the  voting  machine,  enclosed  in  a  sealed envelope having
indorsed thereon a certificate of the inspectors stating the  number  of
the   machine,  the  election  [district,  ward  or  assembly  district]
DISTRICT(S), WARD(S) OR ASSEMBLY DISTRICT(S) where it has been used, the
number on the seal and the number on the protective  counter.    IN  THE
CITY  OF  NEW  YORK, POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE
POLICE COMMISSIONER OF SUCH CITY SHALL  PROVIDE  SUCH  DELIVERY  OF  THE
DEVICES.
  6.  The  room  in which such canvass is made shall be clearly lighted,
ingress and egress through the main entrance  thereto  shall  be  freely
permitted,  and  such canvass shall be made in plain view of those enti-
tled to be present. The ballots shall at all times be kept on top of the

S. 3536                             4

table and in plain view of all persons entitled to examine  them,  until
they  have been [tied into bundles] RE-PACKAGED AND SEALED FOR RETURN TO
THE BOARD OF ELECTIONS as elsewhere provided. If requested by any person
entitled  to  be present the inspectors shall, during the canvass of any
ballots, exhibit to him OR HER the ballot then  being  canvassed,  fully
opened  and  in  such a condition that he OR SHE may fully and carefully
read and examine it, but no inspector shall allow any ballot to be taken
from his OR HER hand or to be touched by any person but an inspector.
  S 4. Section 9-106 of the election law, as amended by chapter  163  of
the laws of 2010, is amended to read as follows:
  S  9-106.  Official ballots; accounting for number used. [At the close
of] AFTER the polls OF THE ELECTION ARE CLOSED and before any  boxes  or
[envelope] ENVELOPES containing voted ballots are opened, the clerks, or
if  there  be  no  clerks, two inspectors representing different parties
designated by the chair, shall account for  all  of  the  paper  ballots
furnished  to  the  election  district OR POLL SITE. On a reconciliation
form supplied by the board of elections, they shall  count,  verify  and
record  on such form the number of unused ballots, the number of ballots
[cancelled] SPOILED before delivery to voters  in  the  poll  site,  the
number of ballots spoiled and returned by voters and the number of affi-
davit  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] SCREEN(S) OR RESULTS TAPE(S).  The sum shall be
recorded on the ballot reconciliation form. This resulting number  shall
be  deducted  from  the  number  of  ballots originally delivered to the
ELECTION DISTRICT OR poll site, and the remainder number shall be deter-
mined to be the number of ballots secured in the emergency ballot  [box]
BOX(ES) or other secure storage [container] CONTAINER(S) provided by the
board  of  elections.  This  remainder  number  shall be recorded on the
ballot reconciliation form[.
  Such]. IF SUCH REMAINDER NUMBER IS ZERO AND THERE ARE  NO  BALLOTS  IN
THE  EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE CONTAINER(S), INSPEC-
TORS SHALL INITIATE THE BALLOT SCANNERS' CLOSE THE POLLS  MECHANISM  AND
PRODUCE  RESULTS  TAPES,  UNLESS  IN THE CITY OF NEW YORK SUCH SCANNERS'
CLOSE THE POLLS MECHANISM HAS ALREADY BEEN  INITIATED  AND  THE  RESULTS
TAPES ALREADY PRODUCED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE-A OF
SECTION  9-102 OF THIS TITLE.  THE clerks or inspectors shall then sepa-
rate, label and place each type  of  ballot  in  the  box  or  container
provided  by the board of elections, and securely lock or seal each such
box or container. They shall then sign such  reconciliation  form.    IF
SUCH  REMAINDER NUMBER IS NOT ZERO OR THERE ARE UNSCANNED VOTED ELECTION
DAY BALLOTS IN  THE  EMERGENCY  BALLOT  BOX(ES)  OR  OTHER  SUCH  SECURE
CONTAINER(S),  THE  INSPECTORS  OR CLERKS SHALL PROCEED WITH THE PROCESS
PROVIDED FOR IN SECTION 9-108 AND 9-110 OF THIS TITLE.  UPON  COMPLETION
OF SUCH PROCESS, THE CLERKS OR INSPECTORS SHALL THEN SEPARATE, LABEL AND
PLACE EACH TYPE OF BALLOT IN THE BOX(ES) OR CONTAINER(S) PROVIDED BY THE
BOARD  OF  ELECTIONS,  AND  SECURELY  LOCK  OR SEAL EACH SUCH BOX(ES) OR
CONTAINER(S). THEY SHALL THEN SIGN SUCH AMENDED RECONCILIATION FORM.
  S 5. Subdivision 2 of section 9-108 of the election law is amended  to
read as follows:
  2.  If  the  ballots found in any box shall be more than the number of
ballots so shown to have been deposited therein, such ballots shall  all
be  replaced,  without  being  unfolded, in the box from which they were
taken, and shall be thoroughly mingled therein, and one of  the  inspec-
tors  shall,  with his OR HER back to the box, publicly draw out as many
ballots as shall be equal to such excess  and,  without  unfolding  them

S. 3536                             5

forthwith  shall  enclose them in an envelope which he OR SHE shall then
and there seal and endorse "excess ballots [from the  box  for  ballots]
for  the  general  election,  presidential electors, or party ballots or
otherwise",  as the case may be, and shall sign his OR HER name thereto,
and place such envelope in the box for defective or spoiled ballots.
  S 6. Section 9-110 of the election law, as amended by chapter  163  of
the laws of 2010, is amended to read as follows:
  S  9-110.  Canvass;  election  day  paper  ballots  that have not been
scanned; method of. 1. Election day paper ballots  that  have  not  been
scanned because a ballot scanner was not available or because the ballot
has  been  abandoned by a voter at the ballot scanner shall be canvassed
as follows: a bipartisan team of inspectors shall cast such ballots on a
ballot scanner, if one is available, at the close of  the  polls  before
the  tabulated  [result]  RESULTS  tape is printed. If a ballot does not
scan because of an overvote or blank ballot warning on the ballot  scan-
ner  screen, the inspectors shall cause the ballot scanner to eject such
ballot to be hand counted pursuant to subdivision two of this section.
  2. Election day paper ballots that cannot be scanned, as  provided  in
SUBDIVISION  ONE  OR  ONE-A OF SECTION 9-102 OF THIS TITLE AS APPLICABLE
AND subdivision one of this section shall be canvassed as  follows:  The
inspectors shall unfold each ballot of the kind then to be canvassed and
shall  place  all such ballots upon the table in one pile face down. The
chair shall take up each ballot in order, turn it face up  and  announce
loudly  and distinctly the vote registered on each section, in the order
of the sections upon the ballot, or that  the  ballot  is  void  or  the
section  blank,  as  the  case  may be. If more than one person is to be
elected to the same office or party position the chair, if the ballot is
void or the ballot or section is wholly blank, shall  announce  as  many
void  or blank votes as there are persons to be elected to the office or
party position. On a primary ballot a "section," as  the  term  is  used
above,  shall mean the space occupied by the title of an office or party
position, names of candidates therefor and the voting squares therewith.
The canvass of each ballot must be completed before the next  ballot  is
taken  up. When the tallies of the votes of all such ballots are proven,
and the results announced,  the  [inspectors']  INSPECTORS  shall  AFFIX
TALLY  SHEETS  TO  OR  record  the  results  FROM  SAME on the return of
canvass.
  3. Nothing in this section shall be construed  to  require  or  permit
affidavit ballots to be canvassed at the poll site on election day.
  S  7. Section 9-112 of the election law, subdivisions 1, 2, 4 and 5 as
amended by chapter 352 of the laws of 1986, subdivision 6 as amended  by
chapter 647 of the laws of 1982, is amended to read as follows:
  S  9-112.  Canvass ballots; validity of ballot. 1. The whole ballot is
void if the voter (a) does any act  extrinsic  to  the  ballot  such  as
enclosing any paper or other article in the folded ballot or (b) defaces
or  tears  the  ballot  except that a ballot card which is in perforated
sections shall not be void because it has been separated  into  sections
or  (c)  makes  any  erasure thereon or (d) makes any mark thereon other
than a cross X mark or a check V mark in a voting square, or filling  in
the  voting square, or [punching a hole in the voting square of a ballot
intended to be counted by machine or] (e)  writes,  other  than  in  the
space provided, a name for the purpose of voting; except that an erasure
or a mark other than a valid mark made in a voting square shall not make
the ballot void, but shall render it blank as to the office, party posi-
tion  or ballot proposal in connection with which it is made.  No ballot
shall be declared void or partially blank  because  a  mark  thereon  is

S. 3536                             6

irregular  in  form.  The  term "voting square" shall include the voting
space provided for a voter to mark his OR HER vote for  a  candidate  or
ballot proposal.
  2.  A  cross  X mark or a check V mark, made by the voter, in a voting
square [at the left of] CORRESPONDING TO  a  candidate's  name,  or  the
voter's filling in such voting square, [or punching a hole in the voting
square  of a ballot intended to be counted by machine,] shall be counted
as a vote for such candidate.
  3. A vote shall be counted for a person whose name is written in under
the title of an office or party position only if such name is written by
the voter upon the ballot in the proper space provided therefor and only
if such name is not printed under the title of such office or  position.
A  voting mark before or after such written in name shall not invalidate
the vote.
  4. If, in the case of a candidate whose name  appears  on  the  ballot
more  than once for the same office, the voter shall make a cross X mark
or a check V mark in each of two  or  more  voting  squares  before  the
candidate's  name,  or fill in TWO OR MORE such voting squares [or punch
out the hole in two or more voting squares of a ballot  intended  to  be
counted  by  machine,]  only  the  first  vote shall be counted for such
candidate. If such vote was cast for the office of governor,  such  vote
shall  not be recorded in the tally sheet or returns in a separate place
on the tally sheet as a vote not for any particular party or independent
body.
  5. If a voter makes a cross X mark or a  check  V  mark  in  a  voting
square  following  the  word  "Yes"  or  the  word "No", before a ballot
proposal, or fills in such square, [or punches out the hole in a  voting
square  of  a ballot intended to be counted by machine,] such mark shall
be counted in the affirmative or negative, as so indicated.
  6. If the voter marks more names than there are persons to be  elected
or  nominated  for an office, or elected to a party position, or makes a
mark in a place or manner not herein provided for, or if for any  reason
it  is  impossible  to  determine  the  voter's choice of a candidate or
candidates for an office or party position or his OR  HER  vote  upon  a
ballot proposal, his OR HER vote shall not be counted for such office or
position  or  upon the ballot proposal, but shall be returned as a blank
vote thereon.
  S 8. Section 9-114 of the election law, subdivision 1  as  amended  by
chapter 647 of the laws of 1982, is amended to read as follows:
  S  9-114.  Counting ballots; objections to. 1. If objection be made to
the counting of any ballot or as to any section of any such ballot,  the
board  of  inspectors  shall  forthwith  and [for] BEFORE canvassing any
other ballot or  section  thereof,  rule  upon  the  objection.  If  the
objection  be  continued  after  this ruling, the [chairman] CHAIR OR AN
INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE OPPOSITE PARTY shall
write in ink upon the back of the ballot a memorandum of the ruling  and
objection.  The  memorandum of the ruling shall be in the words "Counted
void", or "Counted blank", or "Counted  for  (naming  the  candidate  or
candidates  or  the  presidential  ticket)", or, in the case of a ballot
proposal "Counted for Proposal No.......," or "Counted against  Proposal
No........",  as  the case may be. The memorandum of the objection shall
be in the words "Objected to", followed by  a  brief  statement  of  the
nature  of the objection, the name and address of the challenger and the
signature of the [chairman] CHAIR OR INSPECTOR.
  2. Any ballot to which objection is not  taken  but  which  is  wholly
blank or is void shall be indorsed in ink by the [chairman] CHAIR of the

S. 3536                             7

board  of  inspectors OR AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR
OF THE OPPOSITE PARTY with the words "Wholly blank" or  "Void",  as  the
case may be, and signed by the [chairman] CHAIR OR INSPECTOR.
  3. When all the ballots of any one kind shall have been canvassed, the
inspectors  shall  ascertain the total number of [wholly blank and void]
ALL SUCH ballots and the number of ballots [as] to which  any  objection
was taken and shall enter such numbers in the place provided therefor in
the inspectors' returns of such canvass.
  S 9. Subdivision 1 of section 9-116 of the election law, as amended by
chapter 13 of the laws of 1988, is amended to read as follows:
  1.  As  each  vote  for  any  office  or  position, or upon any ballot
proposal, is announced, a clerk, or, if there be no clerks,  an  inspec-
tor,  under  the  scrutiny of a clerk or inspector of opposite political
[faith] PARTY immediately shall tally it in [black] ink, with a downward
stroke from right to left upon the official tally sheet. Each such clerk
or inspector, as he OR SHE tallies a vote, shall  announce  clearly  the
name  of  the  person  for  whom he OR SHE tallies it, or that he OR SHE
tallies the vote blank or void as the case may be, or, in the case of  a
ballot proposal, that he OR SHE tallies the vote "yes" or "no". When the
name  of  a  person  voted  for  is not printed on the tally sheet, such
clerks or inspectors shall write it in full thereon in ink in the  place
provided therefor.
  S  10.  Section 9-120 of the election law, subdivision 1 as amended by
chapter 262 of the laws of 1986, is amended to read as follows:
  S 9-120.  Returns  of  canvass;  generally.  1.  Upon  completing  the
canvass,  the  inspectors  shall  prepare their returns of the canvass[.
They shall use therefor the] ON A printed form supplied to them [and, at
an election which was not conducted on a voting machine which produces a
printed or photographic record, they shall carefully insert thereon,  in
ink,   the  appropriate  names,  words  and  figures  according  to  the
directions printed in the form provided by this chapter] BY THE BOARD OF
ELECTIONS. The [printed or photographic record produced  by  the  voting
machine] RESULTS TAPE(S) and the tally [sheets] SHEET(S) for any office,
party  position  or  ballot proposal, if separate from [the statement of
return] SUCH FORM, shall be securely attached by the [chairman] CHAIR OR
AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE OPPOSITE PARTY to
such [statement of] FORM returns AND IT SHALL NOT BE NECESSARY TO  TRAN-
SCRIBE  INFORMATION  PROVIDED  BY SUCH RESULTS TAPES ONTO SUCH FORM.  [A
printed or photographic record]  RESULTS  TAPE(S)  or  a  tally  [sheet]
SHEET(S),  when  so  annexed,  or  forming part of the same paper as the
return, shall be treated as part of  the  return.  The  inspectors,  and
clerks, if any, shall subscribe in ink the certificate at the end of the
set  of  returns.  Each  set  of  returns shall be securely sealed in an
envelope properly endorsed on the  outside  by  the  inspectors.  At  an
election  at  which  voting  machines are not used, the ballot boxes, if
any, supplied by the board of elections, may  when  securely  locked  be
used instead of sealed envelopes.
  2.  The form for the return or returns of the canvass shall be printed
in a [form] FORMAT approved by the state board of elections.   THE  FORM
OF  SUCH  RETURN  OF CANVASS SHALL PROVIDE FOR THE TOTAL NUMBER OF VOTES
FOR EACH CANDIDATE IN  EACH  CONTEST,  OR  UPON  EACH  BALLOT  PROPOSAL,
INCLUDING  THE  TOTAL  NUMBER  OF  UNSCANNED  VOTED BALLOTS CANVASSED IN
ACCORDANCE WITH SECTION 9-110 OF THIS TITLE.
  3. IN THE EVENT THAT THERE IS MORE THAN ONE  ELECTION  DISTRICT  AT  A
POLLING  PLACE,  THE  BOARD OF ELECTIONS MAY AUTHORIZE THE USE OF ONE OR
MORE RETURNS OF CANVASS THAT CONSOLIDATE THE REPORT  OF  THE  NUMBER  OF

S. 3536                             8

VOTES  FOR  EACH  CANDIDATE, OR UPON EACH BALLOT PROPOSAL, FOR MORE THAN
ONE ELECTION DISTRICT OR MORE THAN ONE  BALLOT  SCANNER,  PROVIDED  THAT
SUCH  CONSOLIDATED  RETURNS OF CANVASS HAVE ATTACHED TO THEM THE RESULTS
TAPE(S)  PRODUCED  BY  THE BALLOT SCANNER(S) THAT IDENTIFY THE NUMBER OF
VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL, WITHIN EACH SUCH
ELECTION DISTRICT AND EACH SUCH BALLOT SCANNER.
  S 11. Section 9-122 of the election law, as amended by chapter 647  of
the laws of 1982, is amended to read as follows:
  S  9-122.  Proclamation  of result. Upon the completion of the canvass
and of the returns of the canvass, the [chairman] CHAIR of the board  of
inspectors  OR  AN  INSPECTOR  UNDER THE SCRUTINY OF AN INSPECTOR OF THE
OPPOSITE PARTY shall make public oral proclamation of the [whole]  TOTAL
number of votes cast at the election at the polling place for all candi-
dates  for  each  office,  or,  if it be a primary election, the [whole]
TOTAL number of party votes of each party so cast for all candidates for
each office or party position; upon each ballot proposal, if  any[;  the
whole  number  of  votes  given  for  each person, with the title of the
office or party position for which he was named on the ballot;  and  the
whole  number  of  votes  given, respectively, for and against each such
ballot proposal, if any] AND THE TOTAL NUMBER OF WRITE-IN VOTES RECORDED
FOR EACH OFFICE.   AS AN ALTERNATIVE TO  SUCH  ORAL  PROCLAMATION,  SUCH
CHAIR  OR  INSPECTOR  MAY  CAUSE TO BE POSTED THE RESULTS TAPE(S), TALLY
SHEET(S), AND ANY OTHER MATERIALS  NECESSARY  TO  ASCERTAIN  SUCH  TOTAL
NUMBERS OF VOTES CAST.
  S  12.  Section  9-124 of the election law, as amended by chapter 9 of
the laws of 1978, subdivision 1 as amended by chapter 659 of the laws of
1994, subdivision 2 as amended by chapter 413 of the laws of  1991,  and
subdivision  3  as amended by chapter 91 of the laws of 1992, is amended
to read as follows:
  S 9-124. Returns of canvass, procedure after. 1. After the returns  of
the  canvass  are  made out and signed, the inspectors shall enclose the
protested[,] AND void [and wholly blank] ballots and the ballots cast in
affidavit envelopes in a  separate  sealed  envelope  or  envelopes  and
endorse  thereon a certificate signed by each of them stating the number
of the district and the number of ballots contained in such envelope  or
envelopes.  THE  INSPECTORS  SHALL  ENCLOSE  THE UNSCANNED VOTED BALLOTS
CANVASSED IN ACCORDANCE WITH SECTION 9-110 OF THIS TITLE IN  A  SEPARATE
SEALED ENVELOPE AND ENDORSE THEREON A CERTIFICATE SIGNED BY EACH OF THEM
STATING  THE  NUMBER OF THE DISTRICT AND THE NUMBER OF BALLOTS CONTAINED
IN SUCH ENVELOPE. The inspectors shall then [tie up]  PACKAGE  and  seal
the other voted ballots and [return] PLACE them [to the ballot box which
contained  them]  IN ONE OR MORE BOXES OR CONTAINERS, AND INCLUDE WITHIN
SUCH BOXES OR CONTAINERS ONE PORTABLE MEMORY  DEVICE  FROM  EACH  BALLOT
SCANNER PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 9-102 OF
THIS  TITLE,  AND  ANY  ABSENTEE,  MILITARY, SPECIAL FEDERAL, OR SPECIAL
PRESIDENTIAL BALLOTS WHICH MAY HAVE BEEN  DELIVERED  TO  THE  POLL  SITE
DURING ELECTION DAY, and securely lock and seal [the box, except that at
elections  in  which  voting  machines  are used, absentee and military,
special federal, special presidential and emergency ballots  and  stubs,
if  any, shall be sealed in the envelope or envelopes provided therefor]
SUCH BOXES OR CONTAINERS. NOTWITHSTANDING THE PRECEDING  SENTENCE,  SUCH
PORTABLE  MEMORY  DEVICE FROM EACH BALLOT SCANNER WITH THE CORRESPONDING
RESULTS TAPE MAY BE ENCLOSED IN A SEALED CONTAINER AND TRANSPORTED PRIOR
TO AND SEPARATELY FROM OTHER MATERIALS REFERENCED IN  THIS  SECTION  FOR
THE  PURPOSE  OF  USING  SUCH  DEVICE  TO PROVIDE AN UNOFFICIAL TALLY OF
RESULTS AS REQUIRED BY SECTION 9-126 OF THIS TITLE.

S. 3536                             9

  2. Each box [or], envelope, OR CONTAINER containing  the  ballots  and
stubs,  if  any,  AND  ALL  ITEMS  DESCRIBED  IN SUBDIVISION ONE OF THIS
SECTION shall be deposited by an inspector designated for  that  purpose
with  the  officer  or  board from whom or which the board of inspectors
received  it[,  together  with  the  separate  sealed  package of unused
ballots]. In the city  of  New  York,  every  SUCH  box  [or],  envelope
[containing  any ballots or stubs and the package of unused ballots], OR
CONTAINER shall be delivered at the polling place[, at the conclusion of
the canvass,] to [the] police or peace [officer] OFFICERS DESIGNATED  BY
THE  POLICE  COMMISSIONER  OF SUCH CITY, who shall deposit them with the
board of elections.
  3. [The books, returns and other  papers  enumerated  below  shall  be
disposed of as follows, except as otherwise provided:
  (a) In a city or town, except the city of New York and in a village in
which elections are conducted by the board of elections, the] (A) EXCEPT
IN  THE  CITY  OF  NEW  YORK,  THE registration poll records or computer
generated registration lists, the returns OF CANVASS with RESULTS  TAPES
AND  tally  sheets, IF ANY, annexed, the [absentee and military, special
federal, special  presidential  and  emergency]  VOTED  ballots,  stubs,
OPENED  PACKAGES  OF  UNUSED BALLOTS and ballot envelopes, ANY ABSENTEE,
MILITARY, SPECIAL FEDERAL, OR SPECIAL  PRESIDENTIAL  BALLOTS  WHICH  MAY
HAVE  BEEN DELIVERED TO THE POLL SITE DURING ELECTION DAY, the challenge
records and the package of protested[,]  AND  void  [and  wholly  blank]
ballots  shall be filed with the board of elections[, and the flag shall
be returned to it] IMMEDIATELY UPON THE  CLOSE  OF  THE  POLLS  AND  THE
COMPLETION OF ALL RELATED TASKS IN COMPLIANCE WITH THIS TITLE.
  (b)  [Records  and  supplies  to be filed with a city, town or village
clerk shall be so filed or delivered immediately after the completion of
the returns of the canvass, by an inspector designated by the  board  of
inspectors.    Returns, papers and registration poll records or computer
generated registration lists to be filed with  the  board  of  elections
shall  be  so  filed  by  the chairman of the board of inspectors within
twenty-four hours after the  completion  of  such  returns.  The  person
receiving  such  returns  in  the  board  of elections shall give to the
person delivering the returns a receipt stating  therein  the  date  and
hour  of  delivery,  the  name of the person making the delivery, and to
whom said returns were delivered and shall  keep  a  duplicate  of  said
receipt on file in the office of the board of elections.
  (c)  The county legislative body of any county in the state except the
counties comprising the city of New York may, by a resolution, ordinance
or act as required, provide that all returns, papers, registration  poll
records  or computer generated registration lists, books, records, docu-
ments, and other election supplies and materials shall be filed  by  the
chairman  of  the board of inspectors of elections in a city or town and
in a village in which elections are conducted by the board of elections,
with the city, town or village clerk of such city, town  or  village  in
the  county  within eighteen hours after the closing of the polls at any
primary, general, special or village election  and  the  city,  town  or
village  clerk  upon receiving such returns, papers, registers or lists,
books, records, documents, and other  election  supplies  and  materials
shall  give to the person making the delivery, a receipt stating therein
the date and hour of the delivery and the name of  such  person.  Within
twenty-four  hours after the closing of the polls at any primary, gener-
al, special or village election, the city, town or village  clerk  shall
file  all  returns, papers, registration poll records or computer gener-
ated registration lists, books, records, documents  and  other  election

S. 3536                            10

supplies  and materials filed with him by the inspectors of the election
districts of the city, town or village, with the board of  elections  of
the  county  and  the board of elections shall give to the city, town or
village  clerk  a  receipt therefor stating therein the date and hour of
the delivery and the name of the person making the delivery and to  whom
it  was  made, and shall keep a duplicate of said receipt on file in the
office of the board of elections.
  (d)] In the city of New York, the board of inspectors[,] shall deliver
to [the] police or peace [officer] OFFICERS  DESIGNATED  BY  THE  POLICE
COMMISSIONER  OF  SUCH  CITY, at the polling place the registration poll
records or computer  generated  registration  lists,  challenge  report,
records, keys, [the flag,] other election supplies, INCLUDING TWO COPIES
OF  the  returns  of the canvass and [the] ANY absentee [and], military,
special  federal,  OR  special  presidential  [and  emergency  ballots,]
BALLOTS  WHICH  MAY HAVE BEEN DELIVERED TO THE POLL SITE DURING ELECTION
DAY, VOTED BALLOTS, stubs, OPEN PACKAGES OF UNUSED  BALLOTS  and  ballot
envelopes.  [The] SUCH police or peace [officer] OFFICERS shall file the
returns,  the  package  of  void[,]  AND  protested  [and  wholly blank]
ballots, if any, and the  absentee  [and],  military,  special  federal,
special presidential, and emergency ballots, stubs and ballot envelopes,
if  any,  within  twenty-four hours after the close of the polls, in the
office of the board  of  elections  or  its  branch  office  within  the
borough, as the case may be.
  (C)  THE PERSON RECEIVING SUCH RETURNS IN THE BOARD OF ELECTIONS SHALL
GIVE TO THE PERSON DELIVERING THE RETURNS A RECEIPT STATING THEREIN  THE
DATE  AND  HOUR OF DELIVERY, THE NAME OF THE PERSON MAKING THE DELIVERY,
AND TO WHOM SAID RETURNS WERE DELIVERED AND SHALL KEEP  A  DUPLICATE  OF
SUCH RECEIPT ON FILE IN THE OFFICE OF THE BOARD OF ELECTIONS.
  S  13.  Section  9-126  of  the  election  law, the section heading as
amended by chapter 9 of the laws of 1978, subdivision  1  and  paragraph
(a)  of  subdivision  2  as  amended by chapter 647 of the laws of 1982,
subdivision 3 as added by chapter 262 of the laws of 1986, and paragraph
(b) of subdivision 3 as amended by chapter 356 of the laws of  1986,  is
amended to read as follows:
  S 9-126. [Return of canvass; delivery of results to police and unoffi-
cial]  UNOFFICIAL  tally of election results. 1. In an election district
[of a city and] of the county of Nassau, the  [chairman]  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 police officer 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  forthwith  shall
convey the statement to the stationhouse of the police precinct in which
such  place of canvass is located, and shall deliver it inviolate to the
officer in command thereof, who shall immediately transmit by telegraph,
telephone or messenger, the contents of such statement  to  the  officer
commanding  the  police  department  of  such [city or] county who shall
immediately make the contents of such statement available for the press.
[In the city of New York and the county  of  Nassau  the  chairman]  THE
CHAIR of the board of inspectors in each election district OF SUCH COUN-
TY  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  headquarters, 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

S. 3536                            11

for purposes of tabulation.  The other copy shall be transmitted  within
twenty-four  hours to the board of elections. All statements made pursu-
ant to this section shall be preserved for six months by the police  and
shall be presumptive evidence of the result of such canvass.
  2.  (a)  [In an election district outside of a city, except] EXCEPT in
the county of Nassau, the [chairman] CHAIR of the board  of  inspectors,
upon  completion  of the return of canvass and the announcement thereof,
in a general or primary election,  shall  immediately  communicate  such
results  by  telephone, or delivery, to the [county] 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 [county] board of elections shall remain open after the  close
of  the  polls  and  shall receive and tabulate the voting results [from
throughout the county] 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.
  [(c)]  3.  The  results  made public pursuant to this section [are to]
SHALL be released as the unofficial tally and shall not be admissible in
evidence in any action  or  proceeding  contesting  the  result  of  any
election.
  [(d)  Any police department of a city outside the city of New York and
the county of Nassau receiving statements as provided in subdivision one
of this section shall immediately communicate the  contents  thereof  to
the county board of elections at a location designated by it. In lieu of
requiring  the delivery of statements to the police in cities outside of
the city of New York and the county of Nassau as provided in subdivision
one of this section, a]
  4. A county board of elections may require the [chairman] CHAIR of the
board of inspectors in each election district [within  such  a  city  to
make  a  return  of the vote pursuant to the provisions of this subdivi-
sion] TO REPORT UNOFFICIAL ELECTION NIGHT RESULTS BY TELEPHONE,  FAX  OR
OTHER  MEANS.  SUCH  RESULTS SHALL INCLUDE THE TOTAL AGGREGATE NUMBER OF
VOTES RECEIVED BY EACH PERSON VOTED FOR, THE TOTAL AGGREGATE  NUMBER  OF
WRITE-INS  AND  THE  NUMBER  OF  VOTES  CAST FOR AND AGAINST EACH BALLOT
PROPOSAL.
  [3.] 5. (a) The  board  of  elections  of  counties  in  which  voting
machines  which  have  [removable  electronic  or computerized] PORTABLE
MEMORY devices [which record  the  total  of  the  votes  cast  on  such
machines] are used, may establish WRITTEN procedures CONSISTENT WITH THE
PROVISIONS  OF  THIS SECTION AND FILED WITH THE STATE BOARD OF ELECTIONS
by which such devices may be used [after the  close  of  the  polls]  to
provide the unofficial tally of results required by this section.
  (b)  Such  procedures  may  include: the installation, at the board of
elections or at town or city halls, police stations,  sheriff's  offices
or  other  public  buildings,  of machines which record and transmit the
totals recorded in such devices to the board of elections or directly to
a representative of the press; the delivery  of  the  devices  from  the
polling  places to such locations and the removal of such devices, by at
least two clerks or other agents of such board of elections of  opposite
political  parties,  from the containers or envelopes in which they were
sealed at the polling places and the insertion of such devices into such
machines.
  (c) IN THE CITY OF NEW YORK, UNLESS THE BOARD  OF  ELECTIONS  OF  SUCH
CITY DESIGNATES TWO CLERKS OR OTHER AGENTS OF OPPOSITE POLITICAL PARTIES

S. 3536                            12

FOR  DELIVERY  OF THE DEVICES FROM THE POLLING PLACES TO SUCH LOCATIONS,
POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE POLICE  COMMISSIONER
OF SUCH CITY SHALL PROVIDE SUCH DELIVERY AS SOON AS PRACTICABLE.
  (D)  The  board  of  elections  shall  provide containers, at all such
locations other than the offices of such  board,  into  which  all  such
devices  shall  be placed by the clerks or other agents of such board of
elections after they are removed from  such  machines.  Such  containers
shall  be  sealed  by  such  clerks  or agents who shall also enter on a
certificate which shall be printed on each  such  container,  the  total
number  of  such  devices  placed  in  such  container  and the election
districts from which such devices came. Such clerks shall also sign such
certificate in the places provided.
  [(d)] (E) Such containers shall be delivered to the board of elections
by the public officials in whose offices such  machines  were  installed
within  twenty-four  hours  after the closing of the polls [and the]. IN
THE CITY OF NEW YORK, UNLESS THE BOARD OF ELECTIONS OF SUCH CITY  DESIG-
NATES  TWO  CLERKS  OR  OTHER  AGENTS  OF OPPOSITE POLITICAL PARTIES FOR
DELIVERY OF SUCH CONTAINERS TO THE BOARD OF ELECTIONS,  POLICE  OFFICERS
OR  PEACE  OFFICERS  DESIGNATED  BY THE POLICE COMMISSIONER OF SUCH CITY
SHALL DELIVER SUCH CONTAINERS. THE board of elections  shall  give  such
officials,  POLICE  OFFICERS, OR PEACE OFFICERS a receipt therefor which
states therein the date and hour of delivery, the  name  of  the  person
making the delivery and the name of the person to whom such delivery was
made.  The  board of elections shall keep a duplicate of such receipt on
file at the office of such board.
  [(e)] (F) The cost of installing such machines at locations other than
the board of elections and the cost of  transmitting  the  results  from
such  machines  may  be paid by the board of elections or by a represen-
tative of the press. If such results are  transmitted  from  a  location
other  than  the  board of elections directly to a representative of the
press, such cost shall be paid by such representative of the press.
  S 14. Section 9-128 of the election law is REPEALED.
  S 15. This act shall take effect immediately and shall  apply  to  any
election  held  on  or  after  the seventy-fifth day after it shall have
become a law.

S3536A - Bill Details

See Assembly Version of this Bill:
A109C
Law Section:
Election Law
Laws Affected:
Rpld §9-128, amd El L, generally
Versions Introduced in 2011-2012 Legislative Session:
A10175B, S7709A

S3536A - Bill Texts

view summary

Relates to election canvass procedures; removes certain provisions relating to return of canvass.

view sponsor memo
BILL NUMBER:S3536A

TITLE OF BILL: An act to amend the election law, in relation to
canvass procedures; and to repeal section 9-128 of the election law
relating thereto

PURPOSE: This bill modernizes and streamlines the procedures for the
election night canvass procedure and associated close of poll tasks.

SUMMARY OF PROVISIONS: A new subsection is added to section 9-102 to
modernize the canvass procedures for the City of New York allowing a
portable memory device to be used for unofficial tally.

Section 9-106 is amended to allow the ballot scanner's close the polls
mechanism to be initiated and results tape printed if the ballot
reconciliation process is finalized and there are no ballots in the
emergency ballot boxes.

Section 9-120 is rewritten to allow for results tapes from each ballot
scanner to be attached the return of canvass form without the numbers
from each results tape to be transcribed onto such form.

Section 9-120(3) allows boards of elections to authorize consolidated
returns of canvass in poll sites with more than one election district.

Section 9-124 provides that the portable memory device with
corresponding results tape may be transported separately from other
materials to be used to produce an unofficial tally.

A new subsection three is added to section 9-124 to mandate that the
person receiving the return of canvass in the board of elections shall
provide the name of the person accepting the delivery, the time of
delivery and the name of person making the delivery to be filed in the
office of the board of elections.

Section 9-126(2)(b) mandates that the board of elections make the
unofficial tally available to the media in a public place or on the
Internet as the results become known to it.

Section 9-126 is also amended to allow, but not require, the police in
New York City to transport the election materials to the boards of
elections.

JUSTIFICATION: Local boards of elections are required to carry out
numerous tasks after the close of the polls. to ensure the integrity
of the vote and produce an unofficial tally of the results, Under
current law, election workers administering the polls on election
night often have substantial difficulty completing these tasks in the
manner that has been deemed to be necessary in some jurisdictions.
This has been a particular problem in some poll sites in New York City
where numerous ballot scanners may be used to read ballots of voters
from multiple election districts during the course of the day.

This bill is intended to clarify the nature of the tasks and alter the
order they need to be undertaken in order to streamline and
rationalize the procedures, while maintaining absolute integrity in
the process and the official outcome of our elections.


LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately and shall
apply to any election held on or after the seventy-fifth day after it
shall have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3536--A
    Cal. No. 1148

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Elections  --  reported
  favorably  from  said  committee,  ordered to first report, amended on
  first report, ordered  to  a  second  report  and  ordered  reprinted,
  retaining its place in the order of second report

AN ACT to amend the election law, in relation to canvass procedures; and
  to repeal section 9-128 of the election law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as  the  "election
night poll site procedures act of 2013".
  S  2.  Section 9-100 of the election law, as amended by chapter 234 of
the laws of 1976, is amended to read as follows:
  S 9-100. Canvass; required. At the close of the polls  the  inspectors
of  election  shall,  in  the  order set forth herein, [lock the machine
against voting] CLOSE POLLS, account for the paper ballots, canvass  the
machine,  cast  and  canvass  all the ballots, canvass and ascertain the
total vote and they  shall  not  adjourn  until  the  canvass  be  fully
completed.
  S  3.  Section  9-102 of the election law, subdivision 1 as amended by
section 2, subdivision 2 as amended  by  section  3,  paragraph  (a)  of
subdivision  2  as  amended by section 4 and subdivision 3 as amended by
section 5 of chapter 163 of the laws of 2010, subdivisions 4  and  6  as
amended by chapter 9 of the laws of 1978, is amended to read as follows:
  S  9-102.  Canvass; general provisions for. 1. [As] EXCEPT IN THE CITY
OF NEW YORK, AS soon as the  polls  of  the  election  are  closed,  the
inspectors  of  election  thereat  shall, in the order set forth herein;
[a.)] (A) place an inspector at the ballot scanner  to  prevent  further
voting;  [b.)] (B) reconcile the paper ballots pursuant to section 9-106
of this title; [c.)] (C) remove surplus ballots,  if  any,  pursuant  to
section 9-108 of this title; [d.)] (D) scan the ballots contained in the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03458-05-3

S. 3536--A                          2

emergency  box  or  other  secure  storage container pursuant to section
9-110 of this title; [e.)] (E) hand count and secure ballots that cannot
be scanned pursuant to section 9-110 of this title; [f.)] (F) close  the
poll, print the tabulated [result] RESULTS tape, announce the result and
sign  the  return  of  canvass  pursuant to subdivisions 2 and 3 of this
section; [g.)] (G) close, lock and seal the machine; and [h.)] (H)  sign
the close of poll certificate, as provided by the board of elections.
  1-A. IN THE CITY OF NEW YORK, 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) SCAN THE BALLOTS CONTAINED IN THE  EMERGENCY  BOX  OR  OTHER
SECURE STORAGE CONTAINER PURSUANT TO SECTION 9-110 OF THIS TITLE, UNLESS
IT  IS NOT POSSIBLE TO DETERMINE WHICH SUCH BALLOTS SHOULD BE SO SCANNED
BECAUSE THE ACCOUNTING AND RECONCILIATION REQUIRED BY SECTION  9-106  OF
THIS  TITLE CANNOT BE COMPLETED WITHOUT FIRST PRINTING THE RESULTS TAPE;
(C) INITIATE THE BALLOT SCANNER'S CLOSE THE POLL  MECHANISM,  PRINT  THE
TABULATED  RESULTS  TAPE,  AND  POST  THE  RESULTS  TAPE OR ANNOUNCE ITS
CONTENTS OR BOTH; (D) REMOVE ONE OF THE PORTABLE MEMORY DEVICES FROM THE
BALLOT SCANNER FOR THE PURPOSE OF  REPORTING  THE  UNOFFICIAL  TALLY  OF
ELECTION  RESULTS PURSUANT TO SECTION 9-126 OF THIS TITLE; (E) RECONCILE
THE PAPER BALLOTS PURSUANT TO SECTION 9-106 OF THIS  TITLE;  (F)  REMOVE
SURPLUS  BALLOTS,  IF ANY, PURSUANT TO THIS SECTION AND SECTION 9-108 OF
THIS TITLE; (G) HAND COUNT AND SECURE BALLOTS  THAT  CANNOT  BE  SCANNED
PURSUANT  TO  THIS  SECTION AND SECTION 9-110 OF THIS TITLE; (H) POST OR
ANNOUNCE THE RESULTS OF ANY HAND COUNTS AND SIGN THE RETURN  OF  CANVASS
PURSUANT  TO SUBDIVISIONS TWO AND THREE OF THIS SECTION; (I) CLOSE, LOCK
AND SEAL THE MACHINE; AND (J) SIGN THE CLOSE  OF  POLL  CERTIFICATE,  AS
PROVIDED BY THE BOARD OF ELECTIONS.
  2. (a) The inspectors shall canvass the [machine vote by printing the]
ballot  scanner  tabulated  RESULTS  BY PRINTING THE results tape in the
presence of the watchers and all other persons who may be lawfully with-
in the polling place, giving full view of the tabulated [result] RESULTS
tape numbers. [The chair of the board of inspectors] AN INSPECTOR shall,
under the scrutiny of an  inspector  of  a  different  political  party,
EITHER  POST  THE  RESULTS TAPE OR READ AND ANNOUNCE in the order of the
offices as their titles are arranged on the tabulated  [result]  RESULTS
tape,  [read  and announce] in distinct tones the public office or party
position, candidate name, political party and the  [result]  RESULTS  as
shown on the tabulated [result] RESULTS tape and then shall announce the
[aggregate]  number  of  write-in  votes  recorded  for each office. The
[chair] INSPECTORS shall also in the same manner POST  OR  announce  the
[vote on] RESULTS FOR each ballot proposal.
  (B)  The  results  on  the  tabulated  [result]  RESULTS tape shall be
entered on or the tabulated  [result]  RESULTS  tape  (REPRESENTING  THE
AGGREGATE  RESULTS OF VOTES CAST ON THE BALLOT SCANNER OR THE RESULTS BY
ELECTION DISTRICT AS APPLICABLE) 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 inspec-
tor of a different political party, in the space  indicated[;  provided,
however, if]. IF any election day paper ballots were hand counted pursu-
ant  to THIS SECTION AND subdivision two of section 9-110 of this title,
[the results] AN INSPECTOR SHALL, UNDER THE SCRUTINY OF AN INSPECTOR  OF
A  DIFFERENT  POLITICAL  PARTY,  EITHER  POST  OR  READ AND ANNOUNCE THE
RESULTS OF SUCH HAND COUNT. THE TALLY SHEET of ANY  such  hand  counting
shall  be  SIGNED  BY  THE  INSPECTORS CONDUCTING SAME AND AFFIXED TO OR
recorded on the return of canvass [and be added to the numbers  reported

S. 3536--A                          3

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] RESULTS tape shall be
signed by TWO INSPECTORS OF each [inspector] MAJOR POLITICAL PARTY.
  [(b)]  (C)  The  [printed  or  photographic  record  produced  by such
machine] RESULTS TAPE shall include a certificate which  the  inspectors
shall  sign, stating the number of voters as shown on the public counter
and the number on the protective counter.
  [(c)] (D) If the machine is provided with a  removable  electronic  or
computerized  device  which  records the total of the votes cast on such
machine (SUCH DEVICE, FOR PURPOSES OF THIS SECTION  A  "PORTABLE  MEMORY
DEVICE"),  such device shall be removed from the machine after copies of
the [printed record] RESULTS TAPE, sufficient to meet  the  requirements
of this chapter and the regulations of the board of elections, have been
produced.  After the PORTABLE MEMORY device is removed from the machine,
the inspectors shall place such device in the secure envelope  or  other
secure container provided for its return to the board of elections. Such
secure  container shall be signed by the inspectors upon the securing of
the device therein.
  3. (a) During the canvass time any candidate or duly accredited watch-
er who may desire to be present shall be admitted to the polling  place.
During  the proclamation of the result, ample opportunity shall be given
to any person lawfully present to compare the results so announced  with
the  sum  of  the votes appearing on the tabulated [result] 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 [printed record]  RESULTS  TAPE  for  each  voting
machine  should  be  posted  on the wall of the polling place forthwith;
provided, however, that if  only  one  copy  of  such  [printed  record]
RESULTS  TAPE  can  be printed by any such machine at any election, such
copy shall be used in preparation  of  the  [statement  of]  returns  OF
CANVASS required by this title.
  (b)  Election  day  paper  ballots that have not been scanned shall be
canvassed and tallied pursuant to THIS SECTION AND  sections  9-108  and
9-110 of this title.
  (c)  At  a primary election, the ballots of the parties represented on
the board of inspectors shall be canvassed before the ballots  of  other
parties are canvassed.
  4. All types of ballots, enclosed in properly sealed envelopes respec-
tively, and properly endorsed shall be filed with the original return of
canvass, AS PROVIDED FOR IN SECTION 9-106 OF THIS TITLE.
  5.  The  inspector  OR  OTHER COURIER ASSIGNED BY THE BOARD filing the
returns shall deliver to the board or officer from  whom  received,  the
keys  of  the  voting  machine,  enclosed  in  a  sealed envelope having
indorsed thereon a certificate of the inspectors stating the  number  of
the   machine,  the  election  [district,  ward  or  assembly  district]
DISTRICT(S), WARD(S) OR ASSEMBLY DISTRICT(S) where it has been used, the
number on the seal and the number on the protective  counter.    IN  THE
CITY  OF  NEW  YORK, POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE
POLICE COMMISSIONER OF SUCH CITY SHALL  PROVIDE  SUCH  DELIVERY  OF  THE
DEVICES.

S. 3536--A                          4

  6.  The  room  in which such canvass is made shall be clearly lighted,
ingress and egress through the main entrance  thereto  shall  be  freely
permitted,  and  such canvass shall be made in plain view of those enti-
tled to be present. The ballots shall at all times be kept on top of the
table  and  in plain view of all persons entitled to examine them, until
they have been [tied into bundles] RE-PACKAGED AND SEALED FOR RETURN  TO
THE BOARD OF ELECTIONS as elsewhere provided. If requested by any person
entitled  to  be present the inspectors shall, during the canvass of any
ballots, exhibit to him OR HER the ballot then  being  canvassed,  fully
opened  and  in  such a condition that he OR SHE may fully and carefully
read and examine it, but no inspector shall allow any ballot to be taken
from his OR HER hand or to be touched by any person but an inspector.
  S 4. Section 9-106 of the election law, as amended by chapter  163  of
the laws of 2010, is amended to read as follows:
  S  9-106.  Official ballots; accounting for number used. [At the close
of] AFTER the polls OF THE ELECTION ARE CLOSED and before any  boxes  or
[envelope] ENVELOPES containing voted ballots are opened, the clerks, or
if  there  be  no  clerks, two inspectors representing different parties
designated by the chair, shall account for  all  of  the  paper  ballots
furnished  to  the  election  district OR POLL SITE. On a reconciliation
form supplied by the board of elections, they shall  count,  verify  and
record  on such form the number of unused ballots, the number of ballots
[cancelled] SPOILED before delivery to voters  in  the  poll  site,  the
number of ballots spoiled and returned by voters and the number of affi-
davit  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] SCREEN(S) OR RESULTS TAPE(S).  The sum shall be
recorded on the ballot reconciliation form. This resulting number  shall
be  deducted  from  the  number  of  ballots originally delivered to the
ELECTION DISTRICT OR poll site, and the remainder number shall be deter-
mined to be the number of ballots secured in the emergency ballot  [box]
BOX(ES) or other secure storage [container] CONTAINER(S) provided by the
board  of  elections.  This  remainder  number  shall be recorded on the
ballot reconciliation form[.
  Such]. IF SUCH REMAINDER NUMBER IS ZERO AND THERE ARE  NO  BALLOTS  IN
THE  EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE CONTAINER(S), INSPEC-
TORS SHALL INITIATE THE BALLOT SCANNERS' CLOSE THE POLLS  MECHANISM  AND
PRODUCE  RESULTS  TAPES,  UNLESS  IN THE CITY OF NEW YORK SUCH SCANNERS'
CLOSE THE POLLS MECHANISM HAS ALREADY BEEN  INITIATED  AND  THE  RESULTS
TAPES ALREADY PRODUCED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE-A OF
SECTION  9-102 OF THIS TITLE.  THE clerks or inspectors shall then sepa-
rate, label and place each type  of  ballot  in  the  box  or  container
provided  by the board of elections, and securely lock or seal each such
box or container. They shall then sign such  reconciliation  form.    IF
SUCH  REMAINDER NUMBER IS NOT ZERO OR THERE ARE UNSCANNED VOTED ELECTION
DAY BALLOTS IN  THE  EMERGENCY  BALLOT  BOX(ES)  OR  OTHER  SUCH  SECURE
CONTAINER(S),  THE  INSPECTORS  OR CLERKS SHALL PROCEED WITH THE PROCESS
PROVIDED FOR IN SECTION 9-108 AND 9-110 OF THIS TITLE.  UPON  COMPLETION
OF SUCH PROCESS, THE CLERKS OR INSPECTORS SHALL THEN SEPARATE, LABEL AND
PLACE EACH TYPE OF BALLOT IN THE BOX(ES) OR CONTAINER(S) PROVIDED BY THE
BOARD  OF  ELECTIONS,  AND  SECURELY  LOCK  OR SEAL EACH SUCH BOX(ES) OR
CONTAINER(S). THEY SHALL THEN SIGN SUCH AMENDED RECONCILIATION FORM.
  S 5. Subdivision 2 of section 9-108 of the election law is amended  to
read as follows:
  2.  If  the  ballots found in any box shall be more than the number of
ballots so shown to have been deposited therein, such ballots shall  all

S. 3536--A                          5

be  replaced,  without  being  unfolded, in the box from which they were
taken, and shall be thoroughly mingled therein, and one of  the  inspec-
tors  shall,  with his OR HER back to the box, publicly draw out as many
ballots  as  shall  be  equal to such excess and, without unfolding them
forthwith shall enclose them in an envelope which he OR SHE  shall  then
and  there  seal  and endorse "excess ballots [from the box for ballots]
for the general election, presidential electors,  or  party  ballots  or
otherwise",  as the case may be, and shall sign his OR HER name thereto,
and place such envelope in the box for defective or spoiled ballots.
  S 6. Section 9-110 of the election law, as amended by chapter  163  of
the laws of 2010, is amended to read as follows:
  S  9-110.  Canvass;  election  day  paper  ballots  that have not been
scanned; method of. 1. Election day paper ballots  that  have  not  been
scanned because a ballot scanner was not available or because the ballot
has  been  abandoned by a voter at the ballot scanner shall be canvassed
as follows: a bipartisan team of inspectors shall cast such ballots on a
ballot scanner, if one is available, at the close of  the  polls  before
the  tabulated  [result]  RESULTS  tape is printed. If a ballot does not
scan because of an overvote or blank ballot warning on the ballot  scan-
ner  screen, the inspectors shall cause the ballot scanner to eject such
ballot to be hand counted pursuant to subdivision two of this section.
  2. Election day paper ballots that cannot be scanned, as  provided  in
SUBDIVISION  ONE  OR  ONE-A OF SECTION 9-102 OF THIS TITLE AS APPLICABLE
AND subdivision one of this section shall be canvassed as  follows:  The
inspectors shall unfold each ballot of the kind then to be canvassed and
shall  place  all such ballots upon the table in one pile face down. The
chair shall take up each ballot in order, turn it face up  and  announce
loudly  and distinctly the vote registered on each section, in the order
of the sections upon the ballot, or that  the  ballot  is  void  or  the
section  blank,  as  the  case  may be. If more than one person is to be
elected to the same office or party position the chair, if the ballot is
void or the ballot or section is wholly blank, shall  announce  as  many
void  or blank votes as there are persons to be elected to the office or
party position. On a primary ballot a "section," as  the  term  is  used
above,  shall mean the space occupied by the title of an office or party
position, names of candidates therefor and the voting squares therewith.
The canvass of each ballot must be completed before the next  ballot  is
taken  up. When the tallies of the votes of all such ballots are proven,
and the results announced,  the  [inspectors']  INSPECTORS  shall  AFFIX
TALLY  SHEETS  TO  OR  record  the  results  FROM  SAME on the return of
canvass.
  3. Nothing in this section shall be construed  to  require  or  permit
affidavit ballots to be canvassed at the poll site on election day.
  S  7. Section 9-112 of the election law, subdivisions 1, 2, 4 and 5 as
amended by chapter 352 of the laws of 1986, subdivision 6 as amended  by
chapter 647 of the laws of 1982, is amended to read as follows:
  S  9-112.  Canvass ballots; validity of ballot. 1. The whole ballot is
void if the voter (a) does any act  extrinsic  to  the  ballot  such  as
enclosing any paper or other article in the folded ballot or (b) defaces
or  tears  the  ballot  except that a ballot card which is in perforated
sections shall not be void because it has been separated  into  sections
or  (c)  makes  any  erasure thereon or (d) makes any mark thereon other
than a cross X mark or a check V mark in a voting square, or filling  in
the  voting square, or [punching a hole in the voting square of a ballot
intended to be counted by machine or] (e)  writes,  other  than  in  the
space provided, a name for the purpose of voting; except that an erasure

S. 3536--A                          6

or a mark other than a valid mark made in a voting square shall not make
the ballot void, but shall render it blank as to the office, party posi-
tion  or ballot proposal in connection with which it is made.  No ballot
shall  be  declared  void  or  partially blank because a mark thereon is
irregular in form. The term "voting square"  shall  include  the  voting
space  provided  for  a voter to mark his OR HER vote for a candidate or
ballot proposal.
  2. A cross X mark or a check V mark, made by the voter,  in  a  voting
square at the left of a candidate's name, or the voter's filling in such
voting  square,  or  punching  a  hole  in the voting square of a ballot
intended to be counted by machine, shall be counted as a vote  for  such
candidate.
  3. A vote shall be counted for a person whose name is written in under
the title of an office or party position only if such name is written by
the voter upon the ballot in the proper space provided therefor and only
if  such name is not printed under the title of such office or position.
A voting mark before or after such written in name shall not  invalidate
the vote.
  4.  If,  in  the  case of a candidate whose name appears on the ballot
more than once for the same office, the voter shall make a cross X  mark
or  a  check  V  mark  in  each of two or more voting squares before the
candidate's name, or fill in TWO OR MORE such voting squares  [or  punch
out  the  hole  in two or more voting squares of a ballot intended to be
counted by machine,] only the first  vote  shall  be  counted  for  such
candidate.  If  such vote was cast for the office of governor, such vote
shall not be recorded in the tally sheet or returns in a separate  place
on the tally sheet as a vote not for any particular party or independent
body.
  5.  If  a  voter  makes  a  cross X mark or a check V mark in a voting
square following the word "Yes"  or  the  word  "No",  before  a  ballot
proposal,  or fills in such square, [or punches out the hole in a voting
square of a ballot intended to be counted by machine,] such  mark  shall
be counted in the affirmative or negative, as so indicated.
  6.  If the voter marks more names than there are persons to be elected
or nominated for an office, or elected to a party position, or  makes  a
mark  in a place or manner not herein provided for, or if for any reason
it is impossible to determine the  voter's  choice  of  a  candidate  or
candidates  for  an  office  or party position or his OR HER vote upon a
ballot proposal, his OR HER vote shall not be counted for such office or
position or upon the ballot proposal, but shall be returned as  a  blank
vote thereon.
  S  8.  Section  9-114 of the election law, subdivision 1 as amended by
chapter 647 of the laws of 1982, is amended to read as follows:
  S 9-114. Counting ballots; objections to. 1. If objection be  made  to
the  counting of any ballot or as to any section of any such ballot, the
board of inspectors shall forthwith  and  [for]  BEFORE  canvassing  any
other  ballot  or  section  thereof,  rule  upon  the  objection. If the
objection be continued after this ruling, the  [chairman]  CHAIR  OR  AN
INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE OPPOSITE PARTY shall
write  in ink upon the back of the ballot a memorandum of the ruling and
objection. The memorandum of the ruling shall be in the  words  "Counted
void",  or  "Counted  blank",  or  "Counted for (naming the candidate or
candidates or the presidential ticket)", or, in the  case  of  a  ballot
proposal  "Counted for Proposal No.......," or "Counted against Proposal
No........", as the case may be. The memorandum of the  objection  shall
be  in  the  words  "Objected  to", followed by a brief statement of the

S. 3536--A                          7

nature of the objection, the name and address of the challenger and  the
signature of the [chairman] CHAIR OR INSPECTOR.
  2.  Any  ballot  to  which  objection is not taken but which is wholly
blank or is void shall be indorsed in ink by the [chairman] CHAIR of the
board of inspectors OR AN INSPECTOR UNDER THE SCRUTINY OF  AN  INSPECTOR
OF  THE  OPPOSITE  PARTY with the words "Wholly blank" or "Void", as the
case may be, and signed by the [chairman] CHAIR OR INSPECTOR.
  3. When all the ballots of any one kind shall have been canvassed, the
inspectors shall ascertain the total number of [wholly blank  and  void]
ALL  SUCH  ballots and the number of ballots [as] to which any objection
was taken and shall enter such numbers in the place provided therefor in
the inspectors' returns of such canvass.
  S 9. Subdivision 1 of section 9-116 of the election law, as amended by
chapter 13 of the laws of 1988, is amended to read as follows:
  1. As each vote for  any  office  or  position,  or  upon  any  ballot
proposal,  is  announced, a clerk, or, if there be no clerks, an inspec-
tor, under the scrutiny of a clerk or inspector  of  opposite  political
[faith] PARTY immediately shall tally it in [black] ink, with a downward
stroke from right to left upon the official tally sheet. Each such clerk
or  inspector,  as  he OR SHE tallies a vote, shall announce clearly the
name of the person for whom he OR SHE tallies it,  or  that  he  OR  SHE
tallies  the vote blank or void as the case may be, or, in the case of a
ballot proposal, that he OR SHE tallies the vote "yes" or "no". When the
name of a person voted for is not  printed  on  the  tally  sheet,  such
clerks  or inspectors shall write it in full thereon in ink in the place
provided therefor.
  S 10. Section 9-120 of the election law, subdivision 1 as  amended  by
chapter 262 of the laws of 1986, is amended to read as follows:
  S  9-120.  Returns  of  canvass;  generally.  1.  Upon  completing the
canvass, the inspectors shall prepare their  returns  of  the  canvass[.
They shall use therefor the] ON A printed form supplied to them [and, at
an election which was not conducted on a voting machine which produces a
printed  or photographic record, they shall carefully insert thereon, in
ink,  the  appropriate  names,  words  and  figures  according  to   the
directions printed in the form provided by this chapter] BY THE BOARD OF
ELECTIONS.  The  [printed  or photographic record produced by the voting
machine] RESULTS TAPE(S) and the tally [sheets] SHEET(S) for any office,
party position or ballot proposal, if separate from  [the  statement  of
return] SUCH FORM, shall be securely attached by the [chairman] CHAIR OR
AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE OPPOSITE PARTY to
such  [statement of] FORM returns AND IT SHALL NOT BE NECESSARY TO TRAN-
SCRIBE INFORMATION PROVIDED BY SUCH RESULTS TAPES ONTO SUCH  FORM.    [A
printed  or  photographic  record]  RESULTS  TAPE(S)  or a tally [sheet]
SHEET(S), when so annexed, or forming part of  the  same  paper  as  the
return,  shall  be  treated  as  part of the return. The inspectors, and
clerks, if any, shall subscribe in ink the certificate at the end of the
set of returns. Each set of returns  shall  be  securely  sealed  in  an
envelope  properly  endorsed  on  the  outside  by the inspectors. At an
election at which voting machines are not used,  the  ballot  boxes,  if
any,  supplied  by  the  board of elections, may when securely locked be
used instead of sealed envelopes.
  2. The form for the return or returns of the canvass shall be  printed
in  a  [form] FORMAT approved by the state board of elections.  THE FORM
OF SUCH RETURN OF CANVASS SHALL PROVIDE FOR THE TOTAL  NUMBER  OF  VOTES
FOR  EACH  CANDIDATE  IN  EACH  CONTEST,  OR  UPON EACH BALLOT PROPOSAL,

S. 3536--A                          8

INCLUDING THE TOTAL NUMBER  OF  UNSCANNED  VOTED  BALLOTS  CANVASSED  IN
ACCORDANCE WITH SECTION 9-110 OF THIS TITLE.
  3.  IN  THE  EVENT  THAT THERE IS MORE THAN ONE ELECTION DISTRICT AT A
POLLING PLACE, THE BOARD OF ELECTIONS MAY AUTHORIZE THE USE  OF  ONE  OR
MORE  RETURNS  OF  CANVASS  THAT CONSOLIDATE THE REPORT OF THE NUMBER OF
VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL,  FOR  MORE  THAN
ONE  ELECTION  DISTRICT  OR  MORE THAN ONE BALLOT SCANNER, PROVIDED THAT
SUCH CONSOLIDATED RETURNS OF CANVASS HAVE ATTACHED TO THEM  THE  RESULTS
TAPE(S)  PRODUCED  BY  THE BALLOT SCANNER(S) THAT IDENTIFY THE NUMBER OF
VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL, WITHIN EACH SUCH
ELECTION DISTRICT AND EACH SUCH BALLOT SCANNER.
  S 11. Section 9-122 of the election law, as amended by chapter 647  of
the laws of 1982, is amended to read as follows:
  S  9-122.  Proclamation  of result. Upon the completion of the canvass
and of the returns of the canvass, the [chairman] CHAIR of the board  of
inspectors  OR  AN  INSPECTOR  UNDER THE SCRUTINY OF AN INSPECTOR OF THE
OPPOSITE PARTY shall make public oral proclamation of the [whole]  TOTAL
number of votes cast at the election at the polling place for all candi-
dates  for  each  office,  or,  if it be a primary election, the [whole]
TOTAL number of party votes of each party so cast for all candidates for
each office or party position; upon each ballot proposal, if  any[;  the
whole  number  of  votes  given  for  each person, with the title of the
office or party position for which he was named on the ballot;  and  the
whole  number  of  votes  given, respectively, for and against each such
ballot proposal, if any] AND THE TOTAL NUMBER OF WRITE-IN VOTES RECORDED
FOR EACH OFFICE.   AS AN ALTERNATIVE TO  SUCH  ORAL  PROCLAMATION,  SUCH
CHAIR  OR  INSPECTOR  MAY  CAUSE TO BE POSTED THE RESULTS TAPE(S), TALLY
SHEET(S), AND ANY OTHER MATERIALS  NECESSARY  TO  ASCERTAIN  SUCH  TOTAL
NUMBERS OF VOTES CAST.
  S  12.  Section  9-124 of the election law, as amended by chapter 9 of
the laws of 1978, subdivision 1 as amended by chapter 659 of the laws of
1994, subdivision 2 as amended by chapter 413 of the laws of  1991,  and
subdivision  3  as amended by chapter 91 of the laws of 1992, is amended
to read as follows:
  S 9-124. Returns of canvass, procedure after. 1. After the returns  of
the  canvass  are  made out and signed, the inspectors shall enclose the
protested[,] AND void [and wholly blank] ballots and the ballots cast in
affidavit envelopes in a  separate  sealed  envelope  or  envelopes  and
endorse  thereon a certificate signed by each of them stating the number
of the district and the number of ballots contained in such envelope  or
envelopes.  THE  INSPECTORS  SHALL  ENCLOSE  THE UNSCANNED VOTED BALLOTS
CANVASSED IN ACCORDANCE WITH SECTION 9-110 OF THIS TITLE IN  A  SEPARATE
SEALED ENVELOPE AND ENDORSE THEREON A CERTIFICATE SIGNED BY EACH OF THEM
STATING  THE  NUMBER OF THE DISTRICT AND THE NUMBER OF BALLOTS CONTAINED
IN SUCH ENVELOPE. The inspectors shall then [tie up]  PACKAGE  and  seal
the other voted ballots and [return] PLACE them [to the ballot box which
contained  them]  IN ONE OR MORE BOXES OR CONTAINERS, AND INCLUDE WITHIN
SUCH BOXES OR CONTAINERS ONE PORTABLE MEMORY  DEVICE  FROM  EACH  BALLOT
SCANNER PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 9-102 OF
THIS  TITLE,  AND  ANY  ABSENTEE,  MILITARY, SPECIAL FEDERAL, OR SPECIAL
PRESIDENTIAL BALLOTS WHICH MAY HAVE BEEN  DELIVERED  TO  THE  POLL  SITE
DURING ELECTION DAY, and securely lock and seal [the box, except that at
elections  in  which  voting  machines  are used, absentee and military,
special federal, special presidential and emergency ballots  and  stubs,
if  any, shall be sealed in the envelope or envelopes provided therefor]
SUCH BOXES OR CONTAINERS. NOTWITHSTANDING THE PRECEDING  SENTENCE,  SUCH

S. 3536--A                          9

PORTABLE  MEMORY  DEVICE FROM EACH BALLOT SCANNER WITH THE CORRESPONDING
RESULTS TAPE MAY BE ENCLOSED IN A SEALED CONTAINER AND TRANSPORTED PRIOR
TO AND SEPARATELY FROM OTHER MATERIALS REFERENCED IN  THIS  SECTION  FOR
THE  PURPOSE  OF  USING  SUCH  DEVICE  TO PROVIDE AN UNOFFICIAL TALLY OF
RESULTS AS REQUIRED BY SECTION 9-126 OF THIS TITLE.
  2. Each box [or], envelope, OR CONTAINER containing  the  ballots  and
stubs,  if  any,  AND  ALL  ITEMS  DESCRIBED  IN SUBDIVISION ONE OF THIS
SECTION shall be deposited by an inspector designated for  that  purpose
with  the  officer  or  board from whom or which the board of inspectors
received it[, together  with  the  separate  sealed  package  of  unused
ballots].  In  the  city  of  New  York,  every  SUCH box [or], envelope
[containing any ballots or stubs and the package of unused ballots],  OR
CONTAINER shall be delivered at the polling place[, at the conclusion of
the  canvass,] to [the] police or peace [officer] OFFICERS DESIGNATED BY
THE POLICE COMMISSIONER OF SUCH CITY, who shall deposit  them  with  the
board of elections.
  3.  [The  books,  returns  and  other papers enumerated below shall be
disposed of as follows, except as otherwise provided:
  (a) In a city or town, except the city of New York and in a village in
which elections are conducted by the board of elections, the] (A) EXCEPT
IN THE CITY OF NEW YORK,  THE  registration  poll  records  or  computer
generated  registration lists, the returns OF CANVASS with RESULTS TAPES
AND tally sheets, IF ANY, annexed, the [absentee and  military,  special
federal,  special  presidential  and  emergency]  VOTED  ballots, stubs,
OPENED PACKAGES OF UNUSED BALLOTS and ballot  envelopes,  ANY  ABSENTEE,
MILITARY,  SPECIAL  FEDERAL,  OR  SPECIAL PRESIDENTIAL BALLOTS WHICH MAY
HAVE BEEN DELIVERED TO THE POLL SITE DURING ELECTION DAY, the  challenge
records  and  the  package  of  protested[,] AND void [and wholly blank]
ballots shall be filed with the board of elections[, and the flag  shall
be returned to it].
  (b)  Records  and  supplies  to  be filed with a city, town or village
clerk shall be so filed or delivered immediately after the completion of
the returns of the canvass, by an inspector designated by the  board  of
inspectors.    Returns, papers and registration poll records or computer
generated registration lists to be filed with  the  board  of  elections
shall  be  so  filed  by  the chairman of the board of inspectors within
twenty-four hours after the  completion  of  such  returns.  The  person
receiving  such  returns  in  the  board  of elections shall give to the
person delivering the returns a receipt stating  therein  the  date  and
hour  of  delivery,  the  name of the person making the delivery, and to
whom said returns were delivered and shall  keep  a  duplicate  of  said
receipt on file in the office of the board of elections.
  (c)  The county legislative body of any county in the state except the
counties comprising the city of New York may, by a resolution, ordinance
or act as required, provide that all returns, papers, registration  poll
records  or computer generated registration lists, books, records, docu-
ments, and other election supplies and materials shall be filed  by  the
chairman  of  the board of inspectors of elections in a city or town and
in a village in which elections are conducted by the board of elections,
with the city, town or village clerk of such city, town  or  village  in
the  county  within eighteen hours after the closing of the polls at any
primary, general, special or village election  and  the  city,  town  or
village  clerk  upon receiving such returns, papers, registers or lists,
books, records, documents, and other  election  supplies  and  materials
shall  give to the person making the delivery, a receipt stating therein
the date and hour of the delivery and the name of  such  person.  Within

S. 3536--A                         10

twenty-four  hours after the closing of the polls at any primary, gener-
al, special or village election, the city, town or village  clerk  shall
file  all  returns, papers, registration poll records or computer gener-
ated  registration  lists,  books, records, documents and other election
supplies and materials filed with him by the inspectors of the  election
districts  of  the city, town or village, with the board of elections of
the county and the board of elections shall give to the  city,  town  or
village  clerk  a  receipt therefor stating therein the date and hour of
the delivery and the name of the person making the delivery and to  whom
it  was  made, and shall keep a duplicate of said receipt on file in the
office of the board of elections.
  (d) In the city of New York, the board of inspectors[,] shall  deliver
to  [the]  police  or  peace [officer] OFFICERS DESIGNATED BY THE POLICE
COMMISSIONER OF SUCH CITY, at the polling place  the  registration  poll
records  or  computer  generated  registration  lists, challenge report,
records, keys, [the flag,] other election supplies, INCLUDING TWO COPIES
OF the returns of the canvass and [the] ANY  absentee  [and],  military,
special  federal,  OR  special  presidential  [and  emergency  ballots,]
BALLOTS WHICH MAY HAVE BEEN DELIVERED TO THE POLL SITE  DURING  ELECTION
DAY,  VOTED  BALLOTS,  stubs, OPEN PACKAGES OF UNUSED BALLOTS and ballot
envelopes.  [The] SUCH police or peace [officer] OFFICERS shall file the
returns, the  package  of  void[,]  AND  protested  [and  wholly  blank]
ballots,  if  any,  and  the  absentee [and], military, special federal,
special presidential, and emergency ballots, stubs and ballot envelopes,
if any, within twenty-four hours after the close of the  polls,  in  the
office  of  the  board  of  elections  or  its  branch office within the
borough, as the case may be.
  S 13. Section 9-126 of  the  election  law,  the  section  heading  as
amended  by  chapter  9 of the laws of 1978, subdivision 1 and paragraph
(a) of subdivision 2 as amended by chapter 647  of  the  laws  of  1982,
subdivision 3 as added by chapter 262 of the laws of 1986, and paragraph
(b)  of  subdivision 3 as amended by chapter 356 of the laws of 1986, is
amended to read as follows:
  S 9-126. [Return of canvass; delivery of results to police and unoffi-
cial] UNOFFICIAL tally of election results. 1. In an  election  district
[of  a  city  and]  of the county of Nassau, the [chairman] 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 police officer 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 forthwith shall
convey the statement to the stationhouse of the police precinct in which
such place of canvass is located, and shall deliver it inviolate to  the
officer in command thereof, who shall immediately transmit by telegraph,
telephone  or  messenger,  the contents of such statement to the officer
commanding the police department of such  [city  or]  county  who  shall
immediately make the contents of such statement available for the press.
[In  the  city  of  New  York and the county of Nassau the chairman] THE
CHAIR of the board of inspectors in each election district OF SUCH COUN-
TY 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  headquarters,  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

S. 3536--A                         11

twenty-four hours to the board of elections. All statements made  pursu-
ant  to this section shall be preserved for six months by the police and
shall be presumptive evidence of the result of such canvass.
  2.  (a)  [In an election district outside of a city, except] EXCEPT in
the county of Nassau, the [chairman] CHAIR of the board  of  inspectors,
upon  completion  of the return of canvass and the announcement thereof,
in a general or primary election,  shall  immediately  communicate  such
results  by  telephone, or delivery, to the [county] 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 [county] board of elections shall remain open after the  close
of  the  polls  and  shall receive and tabulate the voting results [from
throughout the county] 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.
  [(c)]  3.  The  results  made public pursuant to this section [are to]
SHALL be released as the unofficial tally and shall not be admissible in
evidence in any action  or  proceeding  contesting  the  result  of  any
election.
  [(d)  Any police department of a city outside the city of New York and
the county of Nassau receiving statements as provided in subdivision one
of this section shall immediately communicate the  contents  thereof  to
the county board of elections at a location designated by it. In lieu of
requiring  the delivery of statements to the police in cities outside of
the city of New York and the county of Nassau as provided in subdivision
one of this section, a]
  4. A county board of elections may require the [chairman] CHAIR of the
board of inspectors in each election district [within  such  a  city  to
make  a  return  of the vote pursuant to the provisions of this subdivi-
sion] TO REPORT UNOFFICIAL ELECTION NIGHT RESULTS BY TELEPHONE,  FAX  OR
OTHER  MEANS.  SUCH  RESULTS SHALL INCLUDE THE TOTAL AGGREGATE NUMBER OF
VOTES RECEIVED BY EACH PERSON VOTED FOR, THE TOTAL AGGREGATE  NUMBER  OF
WRITE-INS  AND  THE  NUMBER  OF  VOTES  CAST FOR AND AGAINST EACH BALLOT
PROPOSAL.
  [3.] 5. (a) The  board  of  elections  of  counties  in  which  voting
machines  which  have  [removable  electronic  or computerized] PORTABLE
MEMORY devices [which record  the  total  of  the  votes  cast  on  such
machines] are used, may establish WRITTEN procedures CONSISTENT WITH THE
PROVISIONS  OF  THIS SECTION AND FILED WITH THE STATE BOARD OF ELECTIONS
by which such devices may be used [after the  close  of  the  polls]  to
provide the unofficial tally of results required by this section.
  (b)  Such  procedures  may  include: the installation, at the board of
elections or at town or city halls, police stations,  sheriff's  offices
or  other  public  buildings,  of machines which record and transmit the
totals recorded in such devices to the board of elections or directly to
a representative of the press; the delivery  of  the  devices  from  the
polling  places to such locations and the removal of such devices, by at
least two clerks or other agents of such board of elections of  opposite
political  parties,  from the containers or envelopes in which they were
sealed at the polling places and the insertion of such devices into such
machines.
  (c) IN THE CITY OF NEW YORK, UNLESS THE BOARD  OF  ELECTIONS  OF  SUCH
CITY DESIGNATES TWO CLERKS OR OTHER AGENTS OF OPPOSITE POLITICAL PARTIES
FOR  DELIVERY  OF THE DEVICES FROM THE POLLING PLACES TO SUCH LOCATIONS,

S. 3536--A                         12

POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE POLICE  COMMISSIONER
OF SUCH CITY SHALL PROVIDE SUCH DELIVERY AS SOON AS PRACTICABLE.
  (D)  The  board  of  elections  shall  provide containers, at all such
locations other than the offices of such  board,  into  which  all  such
devices  shall  be placed by the clerks or other agents of such board of
elections after they are removed from  such  machines.  Such  containers
shall  be  sealed  by  such  clerks  or agents who shall also enter on a
certificate which shall be printed on each  such  container,  the  total
number  of  such  devices  placed  in  such  container  and the election
districts from which such devices came. Such clerks shall also sign such
certificate in the places provided.
  [(d)] (E) Such containers shall be delivered to the board of elections
by the public officials in whose offices such  machines  were  installed
within  twenty-four  hours  after the closing of the polls [and the]. IN
THE CITY OF NEW YORK, UNLESS THE BOARD OF ELECTIONS OF SUCH CITY  DESIG-
NATES  TWO  CLERKS  OR  OTHER  AGENTS  OF OPPOSITE POLITICAL PARTIES FOR
DELIVERY OF SUCH CONTAINERS TO THE BOARD OF ELECTIONS,  POLICE  OFFICERS
OR  PEACE  OFFICERS  DESIGNATED  BY THE POLICE COMMISSIONER OF SUCH CITY
SHALL DELIVER SUCH CONTAINERS. THE board of elections  shall  give  such
officials,  POLICE  OFFICERS, OR PEACE OFFICERS a receipt therefor which
states therein the date and hour of delivery, the  name  of  the  person
making the delivery and the name of the person to whom such delivery was
made.  The  board of elections shall keep a duplicate of such receipt on
file at the office of such board.
  [(e)] (F) The cost of installing such machines at locations other than
the board of elections and the cost of  transmitting  the  results  from
such  machines  may  be paid by the board of elections or by a represen-
tative of the press. If such results are  transmitted  from  a  location
other  than  the  board of elections directly to a representative of the
press, such cost shall be paid by such representative of the press.
  S 14. Section 9-128 of the election law is REPEALED.
  S 15. This act shall take effect immediately and shall  apply  to  any
election  held  on  or  after  the seventy-fifth day after it shall have
become a law.

S3536B - Bill Details

See Assembly Version of this Bill:
A109C
Law Section:
Election Law
Laws Affected:
Rpld §9-128, amd El L, generally
Versions Introduced in 2011-2012 Legislative Session:
A10175B, S7709A

S3536B - Bill Texts

view summary

Relates to election canvass procedures; removes certain provisions relating to return of canvass.

view sponsor memo
BILL NUMBER:S3536B

TITLE OF BILL: An act to amend the election law, in relation to
canvass procedures; and to repeal section 9-128 of the election law
relating thereto

PURPOSE:

This bill modernizes and streamlines the procedures for the election
night canvass procedure and associated nose of poll tasks.

SUMMARY OF PROVISIONS:

A new subsection is added to section 9-102 to modernize the canvass
procedures for the City of New York allowing a portable memory device
to be used for unofficial tally.

Section 9-106 is amended to allow the ballot scanner's close the polls
mechanism to be initiated and results tape printed if the ballot
reconciliation process is finalized and there are no ballots in the
emergency ballot boxes.

Section 9-120 is rewritten to allow for results tapes from each ballot
scanner to be attached the return of canvass form without the numbers
from each results tape to be transcribed onto such form.

Section 9-124 provides that the portable memory device with
corresponding results tape may be transported separately from other
materials to be used to produce an unofficial tally.

A new subsection three is added to section 9-124 to mandate that the
person receiving the return of canvass in the board of elections shall
provide the name of the person accepting the delivery, the time of
delivery and the name of person making the delivery to be filed in the
office of the board of elections.

Section 9-126(2) (b) mandates that the board of elections make the
unofficial tally available to the media in a public place or on the
Internet as the results become known to it.

Section 9-126 is also amended to allow, but not require, the police in
New York City to transport the election materials to the boards of
elections.

JUSTIFICATION:

Local boards of elections are required to carry out numerous tasks
after the close of the polls. to ensure the integrity of the vote and
produce an unofficial tally of the results, Under current law,
election workers administering the polls on election night often have
substantial difficulty completing these tasks in the manner that has
been deemed to be necessary in some jurisdictions. This has been a
particular problem in some Doll sites in New York City where numerous
ballot scanners may be used to read ballots of voters from multiple
election districts during the course of the day.


This bill is intended to clarify the nature of the tasks and alter the
order they need to be undertaken in order to streamline and
rationalize the procedures, while maintaining absolute integrity in
the process and the official outcome of our elections.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to any election
held on or after the seventy-fifth day after it shall have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3536--B
    Cal. No. 1148

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Elections  --  reported
  favorably  from  said  committee,  ordered to first report, amended on
  first report, ordered  to  a  second  report  and  ordered  reprinted,
  retaining  its  place  in  the order of second report -- advanced to a
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

AN ACT to amend the election law, in relation to canvass procedures; and
  to repeal section 9-128 of the election law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as  the  "election
night poll site procedures act of 2013".
  S  2.  Section 9-100 of the election law, as amended by chapter 234 of
the laws of 1976, is amended to read as follows:
  S 9-100. Canvass; required. At the close of the polls  the  inspectors
of  election  shall,  in  the  order set forth herein, [lock the machine
against voting] CLOSE POLLS, account for the paper ballots, canvass  the
machine,  cast  and  canvass  all the ballots, canvass and ascertain the
total vote and they  shall  not  adjourn  until  the  canvass  be  fully
completed.
  S  3.  Section  9-102 of the election law, subdivision 1 as amended by
section 2, subdivision 2 as amended  by  section  3,  paragraph  (a)  of
subdivision  2  as  amended by section 4 and subdivision 3 as amended by
section 5 of chapter 163 of the laws of 2010, subdivisions 4  and  6  as
amended by chapter 9 of the laws of 1978, is amended to read as follows:
  S  9-102.  Canvass; general provisions for. 1. [As] EXCEPT IN THE CITY
OF NEW YORK, AS soon as the  polls  of  the  election  are  closed,  the
inspectors  of  election  thereat  shall, in the order set forth herein;
[a.)] (A) place an inspector at the ballot scanner  to  prevent  further
voting;  [b.)] (B) reconcile the paper ballots pursuant to section 9-106

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03458-06-3

S. 3536--B                          2

of this title; [c.)] (C) remove surplus ballots,  if  any,  pursuant  to
section 9-108 of this title; [d.)] (D) scan the ballots contained in the
emergency  box  or  other  secure  storage container pursuant to section
9-110 of this title; [e.)] (E) hand count and secure ballots that cannot
be  scanned pursuant to section 9-110 of this title; [f.)] (F) close the
poll, print the tabulated [result] RESULTS tape, announce the result and
sign the return of canvass pursuant to subdivisions  2  and  3  of  this
section;  [g.)] (G) close, lock and seal the machine; and [h.)] (H) sign
the close of poll certificate, as provided by the board of elections.
  1-A. IN THE CITY OF NEW YORK, 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)  SCAN  THE  BALLOTS CONTAINED IN THE EMERGENCY BOX OR OTHER
SECURE STORAGE CONTAINER PURSUANT TO SECTION 9-110 OF THIS TITLE, UNLESS
IT IS NOT POSSIBLE TO DETERMINE WHICH SUCH BALLOTS SHOULD BE SO  SCANNED
BECAUSE  THE  ACCOUNTING AND RECONCILIATION REQUIRED BY SECTION 9-106 OF
THIS TITLE CANNOT BE COMPLETED WITHOUT FIRST PRINTING THE RESULTS  TAPE;
(C)  INITIATE  THE  BALLOT SCANNER'S CLOSE THE POLL MECHANISM, PRINT THE
TABULATED RESULTS TAPE, AND  POST  THE  RESULTS  TAPE  OR  ANNOUNCE  ITS
CONTENTS OR BOTH; (D) REMOVE ONE OF THE PORTABLE MEMORY DEVICES FROM THE
BALLOT  SCANNER  FOR  THE  PURPOSE  OF REPORTING THE UNOFFICIAL TALLY OF
ELECTION RESULTS PURSUANT TO SECTION 9-126 OF THIS TITLE; (E)  RECONCILE
THE  PAPER  BALLOTS  PURSUANT TO SECTION 9-106 OF THIS TITLE; (F) REMOVE
SURPLUS BALLOTS, IF ANY, PURSUANT TO THIS SECTION AND SECTION  9-108  OF
THIS  TITLE;  (G)  HAND  COUNT AND SECURE BALLOTS THAT CANNOT BE SCANNED
PURSUANT TO THIS SECTION AND SECTION 9-110 OF THIS TITLE;  (H)  POST  OR
ANNOUNCE  THE  RESULTS OF ANY HAND COUNTS AND SIGN THE RETURN OF CANVASS
PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION; (I) CLOSE,  LOCK
AND  SEAL  THE  MACHINE;  AND (J) SIGN THE CLOSE OF POLL CERTIFICATE, AS
PROVIDED BY THE BOARD OF ELECTIONS.
  2. (a) The inspectors shall canvass the [machine vote by printing the]
ballot scanner tabulated RESULTS BY PRINTING THE  results  tape  in  the
presence of the watchers and all other persons who may be lawfully with-
in the polling place, giving full view of the tabulated [result] RESULTS
tape numbers. [The chair of the board of inspectors] AN INSPECTOR shall,
under  the  scrutiny  of  an  inspector  of a different political party,
EITHER POST THE RESULTS TAPE OR READ AND ANNOUNCE in the  order  of  the
offices  as  their titles are arranged on the tabulated [result] RESULTS
tape, [read and announce] in distinct tones the public office  or  party
position,  candidate  name,  political party and the [result] RESULTS as
shown on the tabulated [result] RESULTS tape and then shall announce the
[aggregate] number of write-in  votes  recorded  for  each  office.  The
[chair]  INSPECTORS  shall  also in the same manner POST OR announce the
[vote on] RESULTS FOR each ballot proposal.
  (B) The results on  the  tabulated  [result]  RESULTS  tape  shall  be
entered  on  or  the  tabulated  [result] RESULTS tape (REPRESENTING THE
AGGREGATE RESULTS OF VOTES CAST ON THE BALLOT SCANNER OR THE RESULTS  BY
ELECTION  DISTRICT  AS  APPLICABLE)  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  inspec-
tor  of  a different political party, in the space indicated[; provided,
however, if]. IF any election day paper ballots were hand counted pursu-
ant to THIS SECTION AND subdivision two of section 9-110 of this  title,
[the  results] AN INSPECTOR SHALL, UNDER THE SCRUTINY OF AN INSPECTOR OF
A DIFFERENT POLITICAL PARTY,  EITHER  POST  OR  READ  AND  ANNOUNCE  THE
RESULTS  OF  SUCH  HAND COUNT. THE TALLY SHEET of ANY such hand counting

S. 3536--B                          3

shall be SIGNED BY THE INSPECTORS CONDUCTING  SAME  AND  AFFIXED  TO  OR
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] RESULTS tape shall be
signed by TWO INSPECTORS OF each [inspector] MAJOR POLITICAL PARTY.
  [(b)] (C)  The  [printed  or  photographic  record  produced  by  such
machine]  RESULTS  TAPE shall include a certificate which the inspectors
shall sign, stating the number of voters as shown on the public  counter
and the number on the protective counter.
  [(c)]  (D)  If  the machine is provided with a removable electronic or
computerized device which records the total of the votes  cast  on  such
machine  (SUCH  DEVICE,  FOR PURPOSES OF THIS SECTION A "PORTABLE MEMORY
DEVICE"), such device shall be removed from the machine after copies  of
the  [printed  record] RESULTS TAPE, sufficient to meet the requirements
of this chapter and the regulations of the board of elections, have been
produced. After the PORTABLE MEMORY device is removed from the  machine,
the  inspectors  shall place such device in the secure envelope or other
secure container provided for its return to the board of elections. Such
secure container shall be signed by the inspectors upon the securing  of
the device therein.
  3. (a) During the canvass time any candidate or duly accredited watch-
er  who may desire to be present shall be admitted to the polling place.
During the proclamation of the result, ample opportunity shall be  given
to  any person lawfully present to compare the results so announced with
the sum of the votes appearing on the tabulated  [result]  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  [printed record] RESULTS TAPE for each voting
machine should be posted on the wall of  the  polling  place  forthwith;
provided,  however,  that  if  only  one  copy  of such [printed record]
RESULTS TAPE can be printed by any such machine at  any  election,  such
copy  shall  be  used  in  preparation  of the [statement of] returns OF
CANVASS required by this title.
  (b) Election day paper ballots that have not  been  scanned  shall  be
canvassed  and  tallied  pursuant to THIS SECTION AND sections 9-108 and
9-110 of this title.
  (c) At a primary election, the ballots of the parties  represented  on
the  board  of inspectors shall be canvassed before the ballots of other
parties are canvassed.
  4. All types of ballots, enclosed in properly sealed envelopes respec-
tively, and properly endorsed shall be filed with the original return of
canvass, AS PROVIDED FOR IN SECTION 9-106 OF THIS TITLE.
  5. The inspector OR OTHER COURIER ASSIGNED BY  THE  BOARD  filing  the
returns  shall  deliver  to the board or officer from whom received, the
keys of the  voting  machine,  enclosed  in  a  sealed  envelope  having
indorsed  thereon  a certificate of the inspectors stating the number of
the  machine,  the  election  [district,  ward  or  assembly   district]
DISTRICT(S), WARD(S) OR ASSEMBLY DISTRICT(S) where it has been used, the
number  on  the  seal  and the number on the protective counter.  IN THE
CITY OF NEW YORK, POLICE OFFICERS OR PEACE OFFICERS  DESIGNATED  BY  THE

S. 3536--B                          4

POLICE  COMMISSIONER  OF  SUCH  CITY  SHALL PROVIDE SUCH DELIVERY OF THE
DEVICES.
  6.  The  room  in which such canvass is made shall be clearly lighted,
ingress and egress through the main entrance  thereto  shall  be  freely
permitted,  and  such canvass shall be made in plain view of those enti-
tled to be present. The ballots shall at all times be kept on top of the
table and in plain view of all persons entitled to examine  them,  until
they  have been [tied into bundles] RE-PACKAGED AND SEALED FOR RETURN TO
THE BOARD OF ELECTIONS as elsewhere provided. If requested by any person
entitled to be present the inspectors shall, during the canvass  of  any
ballots,  exhibit  to  him OR HER the ballot then being canvassed, fully
opened and in such a condition that he OR SHE may  fully  and  carefully
read and examine it, but no inspector shall allow any ballot to be taken
from his OR HER hand or to be touched by any person but an inspector.
  S  4.  Section 9-106 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
  S 9-106. Official ballots; accounting for number used. [At  the  close
of]  AFTER  the polls OF THE ELECTION ARE CLOSED and before any boxes or
[envelope] ENVELOPES containing voted ballots are opened, the clerks, or
if there be no clerks, two  inspectors  representing  different  parties
designated  by  the  chair,  shall  account for all of the paper ballots
furnished to the election district OR POLL  SITE.  On  a  reconciliation
form  supplied  by  the board of elections, they shall count, verify and
record on such form the number of unused ballots, the number of  ballots
[cancelled]  SPOILED  before  delivery  to  voters in the poll site, the
number of ballots spoiled and returned by voters and the number of affi-
davit 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] SCREEN(S) OR RESULTS TAPE(S).  The sum shall  be
recorded  on the ballot reconciliation form. This resulting number shall
be deducted from the number  of  ballots  originally  delivered  to  the
ELECTION DISTRICT OR poll site, and the remainder number shall be deter-
mined  to be the number of ballots secured in the emergency ballot [box]
BOX(ES) or other secure storage [container] CONTAINER(S) provided by the
board of elections. This remainder  number  shall  be  recorded  on  the
ballot reconciliation form[.
  Such].  IF  SUCH  REMAINDER NUMBER IS ZERO AND THERE ARE NO BALLOTS IN
THE EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE CONTAINER(S),  INSPEC-
TORS  SHALL  INITIATE THE BALLOT SCANNERS' CLOSE THE POLLS MECHANISM AND
PRODUCE RESULTS TAPES, UNLESS IN THE CITY OF  NEW  YORK  SUCH  SCANNERS'
CLOSE  THE  POLLS  MECHANISM  HAS ALREADY BEEN INITIATED AND THE RESULTS
TAPES ALREADY PRODUCED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE-A OF
SECTION 9-102 OF THIS TITLE.  THE clerks or inspectors shall then  sepa-
rate,  label  and  place  each  type  of  ballot in the box or container
provided by the board of elections, and securely lock or seal each  such
box  or  container.  They  shall then sign such reconciliation form.  IF
SUCH REMAINDER NUMBER IS NOT ZERO OR THERE ARE UNSCANNED VOTED  ELECTION
DAY  BALLOTS  IN  THE  EMERGENCY  BALLOT  BOX(ES)  OR  OTHER SUCH SECURE
CONTAINER(S), THE INSPECTORS OR CLERKS SHALL PROCEED  WITH  THE  PROCESS
PROVIDED  FOR  IN SECTION 9-108 AND 9-110 OF THIS TITLE. UPON COMPLETION
OF SUCH PROCESS, THE CLERKS OR INSPECTORS SHALL THEN SEPARATE, LABEL AND
PLACE EACH TYPE OF BALLOT IN THE BOX(ES) OR CONTAINER(S) PROVIDED BY THE
BOARD OF ELECTIONS, AND SECURELY LOCK  OR  SEAL  EACH  SUCH  BOX(ES)  OR
CONTAINER(S). THEY SHALL THEN SIGN SUCH AMENDED RECONCILIATION FORM.
  S  5. Subdivision 2 of section 9-108 of the election law is amended to
read as follows:

S. 3536--B                          5

  2. If the ballots found in any box shall be more than  the  number  of
ballots  so shown to have been deposited therein, such ballots shall all
be replaced, without being unfolded, in the box  from  which  they  were
taken,  and  shall be thoroughly mingled therein, and one of the inspec-
tors  shall,  with his OR HER back to the box, publicly draw out as many
ballots as shall be equal to such excess  and,  without  unfolding  them
forthwith  shall  enclose them in an envelope which he OR SHE shall then
and there seal and endorse "excess ballots [from the  box  for  ballots]
for  the  general  election,  presidential electors, or party ballots or
otherwise", as the case may be, and shall sign his OR HER name  thereto,
and place such envelope in the box for defective or spoiled ballots.
  S  6.  Section 9-110 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
  S 9-110. Canvass; election  day  paper  ballots  that  have  not  been
scanned;  method  of.  1.  Election day paper ballots that have not been
scanned because a ballot scanner was not available or because the ballot
has been abandoned by a voter at the ballot scanner shall  be  canvassed
as follows: a bipartisan team of inspectors shall cast such ballots on a
ballot  scanner,  if  one is available, at the close of the polls before
the tabulated [result] RESULTS tape is printed. If  a  ballot  does  not
scan  because of an overvote or blank ballot warning on the ballot scan-
ner screen, the inspectors shall cause the ballot scanner to eject  such
ballot to be hand counted pursuant to subdivision two of this section.
  2.  Election  day paper ballots that cannot be scanned, as provided in
SUBDIVISION ONE OR ONE-A OF SECTION 9-102 OF THIS  TITLE  AS  APPLICABLE
AND  subdivision  one of this section shall be canvassed as follows: The
inspectors shall unfold each ballot of the kind then to be canvassed and
shall place all such ballots upon the table in one pile face  down.  The
chair  shall  take up each ballot in order, turn it face up and announce
loudly and distinctly the vote registered on each section, in the  order
of  the  sections  upon  the  ballot,  or that the ballot is void or the
section blank, as the case may be. If more than  one  person  is  to  be
elected to the same office or party position the chair, if the ballot is
void  or  the  ballot or section is wholly blank, shall announce as many
void or blank votes as there are persons to be elected to the office  or
party  position.  On  a  primary ballot a "section," as the term is used
above, shall mean the space occupied by the title of an office or  party
position, names of candidates therefor and the voting squares therewith.
The  canvass  of each ballot must be completed before the next ballot is
taken up. When the tallies of the votes of all such ballots are  proven,
and  the  results  announced,  the  [inspectors'] INSPECTORS shall AFFIX
TALLY SHEETS TO OR record  the  results  FROM  SAME  on  the  return  of
canvass.
  3.  Nothing  in  this  section shall be construed to require or permit
affidavit ballots to be canvassed at the poll site on election day.
  S 7. Section 9-112 of the election law, subdivisions 1, 2, 4 and 5  as
amended  by chapter 352 of the laws of 1986, subdivision 6 as amended by
chapter 647 of the laws of 1982, is amended to read as follows:
  S 9-112. Canvass ballots; validity of ballot. 1. The whole  ballot  is
void  if  the  voter  (a)  does  any act extrinsic to the ballot such as
enclosing any paper or other article in the folded ballot or (b) defaces
or tears the ballot except that a ballot card  which  is  in  perforated
sections  shall  not be void because it has been separated into sections
or (c) makes any erasure thereon or (d) makes  any  mark  thereon  other
than  a cross X mark or a check V mark in a voting square, or filling in
the voting square, or [punching a hole in the voting square of a  ballot

S. 3536--B                          6

intended  to  be  counted  by  machine or] (e) writes, other than in the
space provided, a name for the purpose of voting; except that an erasure
or a mark other than a valid mark made in a voting square shall not make
the ballot void, but shall render it blank as to the office, party posi-
tion  or ballot proposal in connection with which it is made.  No ballot
shall be declared void or partially blank  because  a  mark  thereon  is
irregular  in  form.  The  term "voting square" shall include the voting
space provided for a voter to mark his OR HER vote for  a  candidate  or
ballot proposal.
  2.  A  cross  X mark or a check V mark, made by the voter, in a voting
square at the left of a candidate's name, or the voter's filling in such
voting square, or punching a hole in  the  voting  square  of  a  ballot
intended  to  be counted by machine, shall be counted as a vote for such
candidate.
  3. A vote shall be counted for a person whose name is written in under
the title of an office or party position only if such name is written by
the voter upon the ballot in the proper space provided therefor and only
if such name is not printed under the title of such office or  position.
A  voting mark before or after such written in name shall not invalidate
the vote.
  4. If, in the case of a candidate whose name  appears  on  the  ballot
more  than once for the same office, the voter shall make a cross X mark
or a check V mark in each of two  or  more  voting  squares  before  the
candidate's  name,  or fill in TWO OR MORE such voting squares [or punch
out the hole in two or more voting squares of a ballot  intended  to  be
counted  by  machine,]  only  the  first  vote shall be counted for such
candidate. If such vote was cast for the office of governor,  such  vote
shall  not be recorded in the tally sheet or returns in a separate place
on the tally sheet as a vote not for any particular party or independent
body.
  5. If a voter makes a cross X mark or a  check  V  mark  in  a  voting
square  following  the  word  "Yes"  or  the  word "No", before a ballot
proposal, or fills in such square, [or punches out the hole in a  voting
square  of  a ballot intended to be counted by machine,] such mark shall
be counted in the affirmative or negative, as so indicated.
  6. If the voter marks more names than there are persons to be  elected
or  nominated  for an office, or elected to a party position, or makes a
mark in a place or manner not herein provided for, or if for any  reason
it  is  impossible  to  determine  the  voter's choice of a candidate or
candidates for an office or party position or his OR  HER  vote  upon  a
ballot proposal, his OR HER vote shall not be counted for such office or
position  or  upon the ballot proposal, but shall be returned as a blank
vote thereon.
  S 8. Section 9-114 of the election law, subdivision 1  as  amended  by
chapter 647 of the laws of 1982, is amended to read as follows:
  S  9-114.  Counting ballots; objections to. 1. If objection be made to
the counting of any ballot or as to any section of any such ballot,  the
board  of  inspectors  shall  forthwith  and [for] BEFORE canvassing any
other ballot or  section  thereof,  rule  upon  the  objection.  If  the
objection be continued after this ruling, the [chairman] CHAIR UNDER THE
SCRUTINY  OF  THE OPPOSITE PARTY shall write in ink upon the back of the
ballot a memorandum of the ruling and objection. The memorandum  of  the
ruling  shall  be  in  the  words "Counted void", or "Counted blank", or
"Counted for (naming the candidate or  candidates  or  the  presidential
ticket)",  or,  in  the  case of a ballot proposal "Counted for Proposal
No.......," or "Counted against Proposal No........", as  the  case  may

S. 3536--B                          7

be. The memorandum of the objection shall be in the words "Objected to",
followed  by  a brief statement of the nature of the objection, the name
and address of the challenger and the signature of the [chairman]  CHAIR
OR INSPECTOR.
  2.  Any  ballot  to  which  objection is not taken but which is wholly
blank or is void shall be indorsed in ink by the [chairman] CHAIR of the
board of inspectors OR AN INSPECTOR UNDER THE SCRUTINY OF  AN  INSPECTOR
OF  THE  OPPOSITE  PARTY with the words "Wholly blank" or "Void", as the
case may be, and signed by the [chairman] CHAIR OR INSPECTOR.
  3. When all the ballots of any one kind shall have been canvassed, the
inspectors shall ascertain the total number of [wholly blank  and  void]
ALL  SUCH  ballots and the number of ballots [as] to which any objection
was taken and shall enter such numbers in the place provided therefor in
the inspectors' returns of such canvass.
  S 9. Subdivision 1 of section 9-116 of the election law, as amended by
chapter 13 of the laws of 1988, is amended to read as follows:
  1. As each vote for  any  office  or  position,  or  upon  any  ballot
proposal,  is  announced, a clerk, or, if there be no clerks, an inspec-
tor, under the scrutiny of a clerk or inspector  of  opposite  political
[faith] PARTY immediately shall tally it in [black] ink, with a downward
stroke from right to left upon the official tally sheet. Each such clerk
or  inspector,  as  he OR SHE tallies a vote, shall announce clearly the
name of the person for whom he OR SHE tallies it,  or  that  he  OR  SHE
tallies  the vote blank or void as the case may be, or, in the case of a
ballot proposal, that he OR SHE tallies the vote "yes" or "no". When the
name of a person voted for is not  printed  on  the  tally  sheet,  such
clerks  or inspectors shall write it in full thereon in ink in the place
provided therefor.
  S 10. Section 9-120 of the election law, subdivision 1 as  amended  by
chapter 262 of the laws of 1986, is amended to read as follows:
  S  9-120.  Returns  of  canvass;  generally.  1.  Upon  completing the
canvass, the inspectors shall prepare their  returns  of  the  canvass[.
They shall use therefor the] ON A printed form supplied to them [and, at
an election which was not conducted on a voting machine which produces a
printed  or photographic record, they shall carefully insert thereon, in
ink,  the  appropriate  names,  words  and  figures  according  to   the
directions printed in the form provided by this chapter] BY THE BOARD OF
ELECTIONS.  The  [printed  or photographic record produced by the voting
machine] RESULTS TAPE(S) and the tally [sheets] SHEET(S) for any office,
party position or ballot proposal, if separate from  [the  statement  of
return] SUCH FORM, shall be securely attached by the [chairman] CHAIR OR
AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE OPPOSITE PARTY to
such  [statement of] FORM returns AND IT SHALL NOT BE NECESSARY TO TRAN-
SCRIBE INFORMATION PROVIDED BY SUCH RESULTS TAPES ONTO SUCH  FORM.    [A
printed  or  photographic  record]  RESULTS  TAPE(S)  or a tally [sheet]
SHEET(S), when so annexed, or forming part of  the  same  paper  as  the
return,  shall  be  treated  as  part of the return. The inspectors, and
clerks, if any, shall subscribe in ink the certificate at the end of the
set of returns. Each set of returns  shall  be  securely  sealed  in  an
envelope  properly  endorsed  on  the  outside  by the inspectors. At an
election at which voting machines are not used,  the  ballot  boxes,  if
any,  supplied  by  the  board of elections, may when securely locked be
used instead of sealed envelopes.
  2. The form for the return or returns of the canvass shall be  printed
in  a  [form] FORMAT approved by the state board of elections.  THE FORM
OF SUCH RETURN OF CANVASS SHALL PROVIDE FOR THE TOTAL  NUMBER  OF  VOTES

S. 3536--B                          8

FOR  EACH  CANDIDATE  IN  EACH  CONTEST,  OR  UPON EACH BALLOT PROPOSAL,
INCLUDING THE TOTAL NUMBER  OF  UNSCANNED  VOTED  BALLOTS  CANVASSED  IN
ACCORDANCE WITH SECTION 9-110 OF THIS TITLE.
  S  11. Section 9-122 of the election law, as amended by chapter 647 of
the laws of 1982, is amended to read as follows:
  S 9-122. Proclamation of result. Upon the completion  of  the  canvass
and  of the returns of the canvass, the [chairman] CHAIR of the board of
inspectors OR AN INSPECTOR UNDER THE SCRUTINY OF  AN  INSPECTOR  OF  THE
OPPOSITE  PARTY shall make public oral proclamation of the [whole] TOTAL
number of votes cast at the election at the polling place for all candi-
dates for each office, or, if it be  a  primary  election,  the  [whole]
TOTAL number of party votes of each party so cast for all candidates for
each  office  or party position; upon each ballot proposal, if any[; the
whole number of votes given for each  person,  with  the  title  of  the
office  or  party position for which he was named on the ballot; and the
whole number of votes given, respectively, for  and  against  each  such
ballot proposal, if any] AND THE TOTAL NUMBER OF WRITE-IN VOTES RECORDED
FOR  EACH  OFFICE.    AS  AN ALTERNATIVE TO SUCH ORAL PROCLAMATION, SUCH
CHAIR OR INSPECTOR MAY CAUSE TO BE POSTED  THE  RESULTS  TAPE(S),  TALLY
SHEET(S),  AND  ANY  OTHER  MATERIALS  NECESSARY TO ASCERTAIN SUCH TOTAL
NUMBERS OF VOTES CAST.
  S 12. Section 9-124 of the election law, as amended by  chapter  9  of
the laws of 1978, subdivision 1 as amended by chapter 659 of the laws of
1994,  subdivision  2 as amended by chapter 413 of the laws of 1991, and
subdivision 3 as amended by chapter 91 of the laws of 1992,  is  amended
to read as follows:
  S  9-124. Returns of canvass, procedure after. 1. After the returns of
the canvass are made out and signed, the inspectors  shall  enclose  the
protested[,] AND void [and wholly blank] ballots and the ballots cast in
affidavit  envelopes  in  a  separate  sealed  envelope or envelopes and
endorse thereon a certificate signed by each of them stating the  number
of  the district and the number of ballots contained in such envelope or
envelopes. THE INSPECTORS SHALL  ENCLOSE  THE  UNSCANNED  VOTED  BALLOTS
CANVASSED  IN  ACCORDANCE WITH SECTION 9-110 OF THIS TITLE IN A SEPARATE
SEALED ENVELOPE AND ENDORSE THEREON A CERTIFICATE SIGNED BY EACH OF THEM
STATING THE NUMBER OF THE DISTRICT AND THE NUMBER OF  BALLOTS  CONTAINED
IN  SUCH  ENVELOPE.  The inspectors shall then [tie up] PACKAGE and seal
the other voted ballots and [return] PLACE them [to the ballot box which
contained them] IN ONE OR MORE BOXES OR CONTAINERS, AND  INCLUDE  WITHIN
SUCH  BOXES  OR  CONTAINERS  ONE PORTABLE MEMORY DEVICE FROM EACH BALLOT
SCANNER PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 9-102 OF
THIS TITLE, AND ANY ABSENTEE,  MILITARY,  SPECIAL  FEDERAL,  OR  SPECIAL
PRESIDENTIAL  BALLOTS  WHICH  MAY  HAVE  BEEN DELIVERED TO THE POLL SITE
DURING ELECTION DAY, and securely lock and seal [the box, except that at
elections in which voting machines  are  used,  absentee  and  military,
special  federal,  special presidential and emergency ballots and stubs,
if any, shall be sealed in the envelope or envelopes provided  therefor]
SUCH  BOXES  OR CONTAINERS. NOTWITHSTANDING THE PRECEDING SENTENCE, SUCH
PORTABLE MEMORY DEVICE FROM EACH BALLOT SCANNER WITH  THE  CORRESPONDING
RESULTS TAPE MAY BE ENCLOSED IN A SEALED CONTAINER AND TRANSPORTED PRIOR
TO  AND  SEPARATELY  FROM OTHER MATERIALS REFERENCED IN THIS SECTION FOR
THE PURPOSE OF USING SUCH DEVICE  TO  PROVIDE  AN  UNOFFICIAL  TALLY  OF
RESULTS AS REQUIRED BY SECTION 9-126 OF THIS TITLE.
  2.  Each  box  [or], envelope, OR CONTAINER containing the ballots and
stubs, if any, AND ALL  ITEMS  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
SECTION  shall  be deposited by an inspector designated for that purpose

S. 3536--B                          9

with the officer or board from whom or which  the  board  of  inspectors
received  it[,  together  with  the  separate  sealed  package of unused
ballots]. In the city  of  New  York,  every  SUCH  box  [or],  envelope
[containing  any ballots or stubs and the package of unused ballots], OR
CONTAINER shall be delivered at the polling place[, at the conclusion of
the canvass,] to [the] police or peace [officer] OFFICERS DESIGNATED  BY
THE  POLICE  COMMISSIONER  OF SUCH CITY, who shall deposit them with the
board of elections.
  3. [The books, returns and other  papers  enumerated  below  shall  be
disposed of as follows, except as otherwise provided:
  (a) In a city or town, except the city of New York and in a village in
which elections are conducted by the board of elections, the] (A) EXCEPT
IN  THE  CITY  OF  NEW  YORK,  THE registration poll records or computer
generated registration lists, the returns OF CANVASS with RESULTS  TAPES
AND  tally  sheets, IF ANY, annexed, the [absentee and military, special
federal, special  presidential  and  emergency]  VOTED  ballots,  stubs,
OPENED  PACKAGES  OF  UNUSED BALLOTS and ballot envelopes, ANY ABSENTEE,
MILITARY, SPECIAL FEDERAL, OR SPECIAL  PRESIDENTIAL  BALLOTS  WHICH  MAY
HAVE  BEEN DELIVERED TO THE POLL SITE DURING ELECTION DAY, the challenge
records and the package of protested[,]  AND  void  [and  wholly  blank]
ballots  shall be filed with the board of elections[, and the flag shall
be returned to it].
  (b) Records and supplies to be filed with  a  city,  town  or  village
clerk shall be so filed or delivered immediately after the completion of
the  returns  of the canvass, by an inspector designated by the board of
inspectors.  Returns, papers and registration poll records  or  computer
generated  registration  lists  to  be filed with the board of elections
shall be so filed by the chairman of  the  board  of  inspectors  within
twenty-four  hours  after  the  completion  of  such returns. The person
receiving such returns in the board  of  elections  shall  give  to  the
person  delivering  the  returns  a receipt stating therein the date and
hour of delivery, the name of the person making  the  delivery,  and  to
whom  said  returns  were  delivered  and shall keep a duplicate of said
receipt on file in the office of the board of elections.
  (c) The county legislative body of any county in the state except  the
counties comprising the city of New York may, by a resolution, ordinance
or  act as required, provide that all returns, papers, registration poll
records or computer generated registration lists, books, records,  docu-
ments,  and  other election supplies and materials shall be filed by the
chairman of the board of inspectors of elections in a city or  town  and
in a village in which elections are conducted by the board of elections,
with  the  city,  town or village clerk of such city, town or village in
the county within eighteen hours after the closing of the polls  at  any
primary,  general,  special  or  village  election and the city, town or
village clerk upon receiving such returns, papers, registers  or  lists,
books,  records,  documents,  and  other election supplies and materials
shall give to the person making the delivery, a receipt stating  therein
the  date  and  hour of the delivery and the name of such person. Within
twenty-four hours after the closing of the polls at any primary,  gener-
al,  special  or village election, the city, town or village clerk shall
file all returns, papers, registration poll records or  computer  gener-
ated  registration  lists,  books, records, documents and other election
supplies and materials filed with him by the inspectors of the  election
districts  of  the city, town or village, with the board of elections of
the county and the board of elections shall give to the  city,  town  or
village  clerk  a  receipt therefor stating therein the date and hour of

S. 3536--B                         10

the delivery and the name of the person making the delivery and to  whom
it  was  made, and shall keep a duplicate of said receipt on file in the
office of the board of elections.
  (d)  In the city of New York, the board of inspectors[,] shall deliver
to [the] police or peace [officer] OFFICERS  DESIGNATED  BY  THE  POLICE
COMMISSIONER  OF  SUCH  CITY, at the polling place the registration poll
records or computer  generated  registration  lists,  challenge  report,
records, keys, [the flag,] other election supplies, INCLUDING TWO COPIES
OF  the  returns  of the canvass and [the] ANY absentee [and], military,
special  federal,  OR  special  presidential  [and  emergency  ballots,]
BALLOTS  WHICH  MAY HAVE BEEN DELIVERED TO THE POLL SITE DURING ELECTION
DAY, VOTED BALLOTS, stubs, OPEN PACKAGES OF UNUSED  BALLOTS  and  ballot
envelopes.  [The] SUCH police or peace [officer] OFFICERS shall file the
returns,  the  package  of  void[,]  AND  protested  [and  wholly blank]
ballots, if any, and the  absentee  [and],  military,  special  federal,
special presidential, and emergency ballots, stubs and ballot envelopes,
if  any,  within  twenty-four hours after the close of the polls, in the
office of the board  of  elections  or  its  branch  office  within  the
borough, as the case may be.
  S  13.  Section  9-126  of  the  election  law, the section heading as
amended by chapter 9 of the laws of 1978, subdivision  1  and  paragraph
(a)  of  subdivision  2  as  amended by chapter 647 of the laws of 1982,
subdivision 3 as added by chapter 262 of the laws of 1986, and paragraph
(b) of subdivision 3 as amended by chapter 356 of the laws of  1986,  is
amended to read as follows:
  S 9-126. [Return of canvass; delivery of results to police and unoffi-
cial]  UNOFFICIAL  tally of election results. 1. In an election district
[of a city and] of the county of Nassau, the  [chairman]  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 police officer 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  forthwith  shall
convey the statement to the stationhouse of the police precinct in which
such  place of canvass is located, and shall deliver it inviolate to the
officer in command thereof, who shall immediately transmit by telegraph,
telephone or messenger, the contents of such statement  to  the  officer
commanding  the  police  department  of  such [city or] county who shall
immediately make the contents of such statement available for the press.
[In the city of New York and the county  of  Nassau  the  chairman]  THE
CHAIR of the board of inspectors in each election district OF SUCH COUN-
TY  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  headquarters, 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 pursu-
ant to this section shall be preserved for six months by the police  and
shall be presumptive evidence of the result of such canvass.
  2.  (a)  [In an election district outside of a city, except] EXCEPT in
the county of Nassau, the [chairman] CHAIR of the board  of  inspectors,
upon  completion  of the return of canvass and the announcement thereof,
in a general or primary election,  shall  immediately  communicate  such
results  by  telephone, or delivery, to the [county] board of elections.

S. 3536--B                         11

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 [county] board of elections shall remain open after the close
of the polls and shall receive and tabulate  the  voting  results  [from
throughout  the  county]  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.
  [(c)] 3. The results made public pursuant to  this  section  [are  to]
SHALL  be  released as the unofficial tally [and shall not be admissible
in evidence in any action or proceeding contesting  the  result  of  any
election].
  [(d)  Any police department of a city outside the city of New York and
the county of Nassau receiving statements as provided in subdivision one
of this section shall immediately communicate the  contents  thereof  to
the county board of elections at a location designated by it. In lieu of
requiring  the delivery of statements to the police in cities outside of
the city of New York and the county of Nassau as provided in subdivision
one of this section, a]
  4. A county board of elections may require the [chairman] CHAIR of the
board of inspectors in each election district [within  such  a  city  to
make  a  return  of the vote pursuant to the provisions of this subdivi-
sion] TO REPORT UNOFFICIAL ELECTION NIGHT RESULTS BY TELEPHONE,  FAX  OR
OTHER  MEANS.  SUCH  RESULTS SHALL INCLUDE THE TOTAL AGGREGATE NUMBER OF
VOTES RECEIVED BY EACH PERSON VOTED FOR, THE TOTAL AGGREGATE  NUMBER  OF
WRITE-INS  AND  THE  NUMBER  OF  VOTES  CAST FOR AND AGAINST EACH BALLOT
PROPOSAL.
  [3.] 5. (a) The  board  of  elections  of  counties  in  which  voting
machines  which  have  [removable  electronic  or computerized] PORTABLE
MEMORY devices [which record  the  total  of  the  votes  cast  on  such
machines] are used, may establish WRITTEN procedures CONSISTENT WITH THE
PROVISIONS  OF  THIS SECTION AND FILED WITH THE STATE BOARD OF ELECTIONS
by which such devices may be used [after the  close  of  the  polls]  to
provide the unofficial tally of results required by this section.
  (b)  Such  procedures  may  include: the installation, at the board of
elections or at town or city halls, police stations,  sheriff's  offices
or  other  public  buildings,  of machines which record and transmit the
totals recorded in such devices to the board of elections or directly to
a representative of the press; the delivery  of  the  devices  from  the
polling  places to such locations and the removal of such devices, by at
least two clerks or other agents of such board of elections of  opposite
political  parties,  from the containers or envelopes in which they were
sealed at the polling places and the insertion of such devices into such
machines.
  (c) IN THE CITY OF NEW YORK, UNLESS THE BOARD  OF  ELECTIONS  OF  SUCH
CITY DESIGNATES TWO CLERKS OR OTHER AGENTS OF OPPOSITE POLITICAL PARTIES
FOR  DELIVERY  OF THE DEVICES FROM THE POLLING PLACES TO SUCH LOCATIONS,
POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE POLICE  COMMISSIONER
OF SUCH CITY SHALL PROVIDE SUCH DELIVERY AS SOON AS PRACTICABLE.
  (D)  The  board  of  elections  shall  provide containers, at all such
locations other than the offices of such  board,  into  which  all  such
devices  shall  be placed by the clerks or other agents of such board of
elections after they are removed from  such  machines.  Such  containers
shall  be  sealed  by  such  clerks  or agents who shall also enter on a
certificate which shall be printed on each  such  container,  the  total

S. 3536--B                         12

number  of  such  devices  placed  in  such  container  and the election
districts from which such devices came. Such clerks shall also sign such
certificate in the places provided.
  [(d)] (E) Such containers shall be delivered to the board of elections
by  the  public  officials in whose offices such machines were installed
within twenty-four hours after the closing of the polls  [and  the].  IN
THE  CITY OF NEW YORK, UNLESS THE BOARD OF ELECTIONS OF SUCH CITY DESIG-
NATES TWO CLERKS OR OTHER  AGENTS  OF  OPPOSITE  POLITICAL  PARTIES  FOR
DELIVERY  OF  SUCH CONTAINERS TO THE BOARD OF ELECTIONS, POLICE OFFICERS
OR PEACE OFFICERS DESIGNATED BY THE POLICE  COMMISSIONER  OF  SUCH  CITY
SHALL  DELIVER  SUCH  CONTAINERS. THE board of elections shall give such
officials, POLICE OFFICERS, OR PEACE OFFICERS a receipt  therefor  which
states  therein  the  date  and hour of delivery, the name of the person
making the delivery and the name of the person to whom such delivery was
made. The board of elections shall keep a duplicate of such  receipt  on
file at the office of such board.
  [(e)] (F) The cost of installing such machines at locations other than
the  board  of  elections  and the cost of transmitting the results from
such machines may be paid by the board of elections or  by  a  represen-
tative  of  the  press.  If such results are transmitted from a location
other than the board of elections directly to a  representative  of  the
press, such cost shall be paid by such representative of the press.
  S 14. Section 9-128 of the election law is REPEALED.
  S  15.  This  act shall take effect immediately and shall apply to any
election held on or after the seventy-fifth  day  after  it  shall  have
become a law.

S3536C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A109C
Law Section:
Election Law
Laws Affected:
Rpld §9-128, amd El L, generally
Versions Introduced in 2011-2012 Legislative Session:
A10175B, S7709A

S3536C (ACTIVE) - Bill Texts

view summary

Relates to election canvass procedures; removes certain provisions relating to return of canvass.

view sponsor memo
BILL NUMBER:S3536C

TITLE OF BILL: An act to amend the election law, in relation to
canvass procedures; and to repeal section 9-128 of the election law
relating thereto

PURPOSE: This bill modernizes and streamlines the procedures for the
election night canvass procedure and associated close of poll tasks.

SUMMARY OF PROVISIONS: A new subsection is added to section 9-102 to
modernize the canvass procedures for the City of New York allowing a
portable memory device to be used for unofficial tally.

Section 9-106 is amended to allow the ballot scanner's close the polls
mechanism to be initiated and results tape printed if the ballot
reconciliation process is finalized and there are no ballots in the
emergency ballot bores.

Section 9-120 is rewritten to allow for results tapes from each ballot
scanner to be attached to the return of canvass form without the
numbers from each results tape to be transcribed onto such form.

Section 9-124 provides that the portable memory device with
corresponding results tape may be transported separately from other
materials to be used to produce an unofficial tally. A new subsection
three is added to section 9-124 to mandate that the person receiving
the return of canvass in the board of elections shall provide the name
of the person accepting the delivery, the time of delivery and the
name of person making the delivery to be filed in the office of the
board of elections.

Section 9-126(2) (b) mandates that the board of elections make the
unofficial tally available to the media in a public place or on the
Internet as the results become known to it.

Section 9-126 is also amended to allow, but not require, the police in
New York City to transport the election materials to the boards of
elections.

JUSTIFICATION: Local boards of elections are required to carry out
numerous tasks after the close of the polls to ensure the integrity of
the vote and produce an unofficial tally of the results. Under current
law, election workers administering the polls on election night often
have substantial difficulty completing these tasks in the manner that
has been deemed to be necessary in some jurisdictions. This has been a
particular problem in some poll sites in New York City where numerous
ballot scanners may be used to read ballots of voters from multiple
election districts during the course of the day.

This bill is intended to clarify the nature of the tasks and alter the
order they need to be undertaken in order to streamline end
rationalize the procedures, while maintaining absolute integrity in
the process and the official outcome of our elections.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None


EFFECTIVE DANE: This act shall take effect immediately and shall
apply to any election held on or after the seventy-fifth day after it
shall have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3536--C
    Cal. No. 1148

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Elections  --  reported
  favorably  from  said  committee,  ordered to first report, amended on
  first report, ordered  to  a  second  report  and  ordered  reprinted,
  retaining  its  place  in  the order of second report -- advanced to a
  third reading, amended and ordered reprinted, retaining its  place  in
  the  order  of  third  reading -- again amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the election law, in relation to canvass procedures; and
  to repeal section 9-128 of the election law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "election
night poll site procedures act of 2013".
  S 2. Section 9-100 of the election law, as amended by chapter  234  of
the laws of 1976, is amended to read as follows:
  S  9-100.  Canvass; required. At the close of the polls the inspectors
of election shall, in the order set  forth  herein,  [lock  the  machine
against  voting] CLOSE POLLS, account for the paper ballots, canvass the
machine, cast and canvass all the ballots,  canvass  and  ascertain  the
total  vote  and  they  shall  not  adjourn  until  the canvass be fully
completed.
  S 3. Section 9-102 of the election law, subdivision 1  as  amended  by
section  2,  subdivision  2  as  amended  by section 3, paragraph (a) of
subdivision 2 as amended by section 4 and subdivision 3  as  amended  by
section  5  of  chapter 163 of the laws of 2010, subdivisions 4 and 6 as
amended by chapter 9 of the laws of 1978, is amended to read as follows:
  S 9-102. Canvass; general provisions for. 1. [As] EXCEPT IN  THE  CITY
OF  NEW  YORK,  AS  soon  as  the  polls of the election are closed, the
inspectors of election thereat shall, in the  order  set  forth  herein;
[a.)]  (A)  place  an inspector at the ballot scanner to prevent further

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03458-09-3

S. 3536--C                          2

voting; [b.)] (B) reconcile the paper ballots pursuant to section  9-106
of  this  title;  [c.)]  (C) remove surplus ballots, if any, pursuant to
section 9-108 of this title; [d.)] (D) scan the ballots contained in the
emergency  box  or  other  secure  storage container pursuant to section
9-110 of this title; [e.)] (E) hand count and secure ballots that cannot
be scanned pursuant to section 9-110 of this title; [f.)] (F) close  the
poll, print the tabulated [result] RESULTS tape, announce the result and
sign  the  return  of  canvass  pursuant to subdivisions 2 and 3 of this
section; [g.)] (G) close, lock and seal the machine; and [h.)] (H)  sign
the close of poll certificate, as provided by the board of elections.
  1-A. IN THE CITY OF NEW YORK, 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) SCAN THE BALLOTS CONTAINED IN THE  EMERGENCY  BOX  OR  OTHER
SECURE STORAGE CONTAINER PURSUANT TO SECTION 9-110 OF THIS TITLE, UNLESS
IT  IS NOT POSSIBLE TO DETERMINE WHICH SUCH BALLOTS SHOULD BE SO SCANNED
BECAUSE THE ACCOUNTING AND RECONCILIATION REQUIRED BY SECTION  9-106  OF
THIS  TITLE CANNOT BE COMPLETED WITHOUT FIRST PRINTING THE RESULTS TAPE;
(C) INITIATE THE BALLOT SCANNER'S CLOSE THE POLL  MECHANISM,  PRINT  THE
TABULATED  RESULTS  TAPE,  AND  POST  THE  RESULTS  TAPE OR ANNOUNCE ITS
CONTENTS OR BOTH; (D) REMOVE ONE OF THE PORTABLE MEMORY DEVICES FROM THE
BALLOT SCANNER FOR THE PURPOSE OF  REPORTING  THE  UNOFFICIAL  TALLY  OF
ELECTION  RESULTS PURSUANT TO SECTION 9-126 OF THIS TITLE; (E) RECONCILE
THE PAPER BALLOTS PURSUANT TO SECTION 9-106 OF THIS  TITLE;  (F)  REMOVE
SURPLUS  BALLOTS,  IF ANY, PURSUANT TO THIS SECTION AND SECTION 9-108 OF
THIS TITLE; (G) HAND COUNT AND SECURE BALLOTS  THAT  CANNOT  BE  SCANNED
PURSUANT  TO  THIS  SECTION AND SECTION 9-110 OF THIS TITLE; (H) POST OR
ANNOUNCE THE RESULTS OF ANY HAND COUNTS AND SIGN THE RETURN  OF  CANVASS
PURSUANT  TO SUBDIVISIONS TWO AND THREE OF THIS SECTION; (I) CLOSE, LOCK
AND SEAL THE MACHINE; AND (J) SIGN THE CLOSE  OF  POLL  CERTIFICATE,  AS
PROVIDED BY THE BOARD OF ELECTIONS.
  2. (a) The inspectors shall canvass the [machine vote by printing the]
ballot  scanner  tabulated  RESULTS  BY PRINTING THE results tape in the
presence of the watchers and all other persons who may be lawfully with-
in the polling place, giving full view of the tabulated [result] RESULTS
tape numbers. [The chair of the board of inspectors] AN INSPECTOR shall,
under the scrutiny of an  inspector  of  a  different  political  party,
EITHER  POST  THE  RESULTS TAPE OR READ AND ANNOUNCE in the order of the
offices as their titles are arranged on the tabulated  [result]  RESULTS
tape,  [read  and announce] in distinct tones the public office or party
position, candidate name, political party and the  [result]  RESULTS  as
shown on the tabulated [result] RESULTS tape and then shall announce the
[aggregate]  number  of  write-in  votes  recorded  for each office. The
[chair] INSPECTORS shall also in the same manner POST  OR  announce  the
[vote on] RESULTS FOR each ballot proposal.
  (B)  The  results  on  the  tabulated  [result]  RESULTS tape shall be
entered on or the tabulated  [result]  RESULTS  tape  (REPRESENTING  THE
AGGREGATE  RESULTS OF VOTES CAST ON THE BALLOT SCANNER OR THE RESULTS BY
ELECTION DISTRICT AS APPLICABLE) 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 inspec-
tor of a different political party, in the space  indicated[;  provided,
however, if]. IF any election day paper ballots were hand counted pursu-
ant  to THIS SECTION AND subdivision two of section 9-110 of this title,
[the results] AN INSPECTOR SHALL, UNDER THE SCRUTINY OF AN INSPECTOR  OF
A  DIFFERENT  POLITICAL  PARTY,  EITHER  POST  OR  READ AND ANNOUNCE THE

S. 3536--C                          3

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 [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] RESULTS tape shall be
signed by TWO INSPECTORS OF each [inspector] MAJOR POLITICAL PARTY.
  [(b)]  (C)  The  [printed  or  photographic  record  produced  by such
machine] RESULTS TAPE shall include a certificate which  the  inspectors
shall  sign, stating the number of voters as shown on the public counter
and the number on the protective counter.
  [(c)] (D) If the machine is provided with a  removable  electronic  or
computerized  device  which  records the total of the votes cast on such
machine (SUCH DEVICE, FOR PURPOSES OF THIS SECTION  A  "PORTABLE  MEMORY
DEVICE"),  such device shall be removed from the machine after copies of
the [printed record] RESULTS TAPE, sufficient to meet  the  requirements
of this chapter and the regulations of the board of elections, have been
produced.  After the PORTABLE MEMORY device is removed from the machine,
the inspectors shall place such device in the secure envelope  or  other
secure container provided for its return to the board of elections. Such
secure  container shall be signed by the inspectors upon the securing of
the device therein.
  3. (a) During the canvass time any candidate or duly accredited watch-
er who may desire to be present shall be admitted to the polling  place.
During  the proclamation of the result, ample opportunity shall be given
to any person lawfully present to compare the results so announced  with
the  sum  of  the votes appearing on the tabulated [result] 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 [printed record]  RESULTS  TAPE  for  each  voting
machine  should  be  posted  on the wall of the polling place forthwith;
provided, however, that if  only  one  copy  of  such  [printed  record]
RESULTS  TAPE  can  be printed by any such machine at any election, such
copy shall be used in preparation  of  the  [statement  of]  returns  OF
CANVASS required by this title.
  (b)  Election  day  paper  ballots that have not been scanned shall be
canvassed and tallied pursuant to THIS SECTION AND  sections  9-108  and
9-110 of this title.
  (c)  At  a primary election, the ballots of the parties represented on
the board of inspectors shall be canvassed before the ballots  of  other
parties are canvassed.
  4. All types of ballots, enclosed in properly sealed envelopes respec-
tively, and properly endorsed shall be filed with the original return of
canvass, AS PROVIDED FOR IN SECTION 9-106 OF THIS TITLE.
  5.  The  inspector  OR  OTHER COURIER ASSIGNED BY THE BOARD filing the
returns shall deliver to the board or officer from  whom  received,  the
keys  of  the  voting  machine,  enclosed  in  a  sealed envelope having
indorsed thereon a certificate of the inspectors stating the  number  of
the   machine,  the  election  [district,  ward  or  assembly  district]
DISTRICT(S), WARD(S) OR ASSEMBLY DISTRICT(S) where it has been used, the
number on the seal and the number on the protective  counter.    IN  THE
CITY  OF  NEW  YORK, POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE

S. 3536--C                          4

POLICE COMMISSIONER OF SUCH CITY SHALL  PROVIDE  SUCH  DELIVERY  OF  THE
DEVICES.
  6.  The  room  in which such canvass is made shall be clearly lighted,
ingress and egress through the main entrance  thereto  shall  be  freely
permitted,  and  such canvass shall be made in plain view of those enti-
tled to be present. The ballots shall at all times be kept on top of the
table and in plain view of all persons entitled to examine  them,  until
they  have been [tied into bundles] RE-PACKAGED AND SEALED FOR RETURN TO
THE BOARD OF ELECTIONS as elsewhere provided. If requested by any person
entitled to be present the inspectors shall, during the canvass  of  any
ballots,  exhibit  to  him OR HER the ballot then being canvassed, fully
opened and in such a condition that he OR SHE may  fully  and  carefully
read and examine it, but no inspector shall allow any ballot to be taken
from his OR HER hand or to be touched by any person but an inspector.
  S  4.  Section 9-106 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
  S 9-106. Official ballots; accounting for number used. [At  the  close
of]  AFTER  the polls OF THE ELECTION ARE CLOSED and before any boxes or
[envelope] ENVELOPES containing voted ballots are opened, the clerks, or
if there be no clerks, two  inspectors  representing  different  parties
designated  by  the  chair,  shall  account for all of the paper ballots
furnished to the election district OR POLL  SITE.  On  a  reconciliation
form  supplied  by  the board of elections, they shall count, verify and
record on such form the number of unused ballots, the number of  ballots
[cancelled]  SPOILED  before  delivery  to  voters in the poll site, the
number of ballots spoiled and returned by voters and the number of affi-
davit 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] SCREEN(S) OR RESULTS TAPE(S).  The sum shall  be
recorded  on the ballot reconciliation form. This resulting number shall
be deducted from the number  of  ballots  originally  delivered  to  the
ELECTION DISTRICT OR poll site, and the remainder number shall be deter-
mined  to be the number of ballots secured in the emergency ballot [box]
BOX(ES) or other secure storage [container] CONTAINER(S) provided by the
board of elections. This remainder  number  shall  be  recorded  on  the
ballot reconciliation form[.
  Such].  IF  SUCH  REMAINDER NUMBER IS ZERO AND THERE ARE NO BALLOTS IN
THE EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE CONTAINER(S),  INSPEC-
TORS  SHALL  INITIATE THE BALLOT SCANNERS' CLOSE THE POLLS MECHANISM AND
PRODUCE RESULTS TAPES, UNLESS IN THE CITY OF  NEW  YORK  SUCH  SCANNERS'
CLOSE  THE  POLLS  MECHANISM  HAS ALREADY BEEN INITIATED AND THE RESULTS
TAPES ALREADY PRODUCED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE-A OF
SECTION 9-102 OF THIS TITLE.  THE clerks or inspectors shall then  sepa-
rate,  label  and  place  each  type  of  ballot in the box or container
provided by the board of elections, and securely lock or seal each  such
box  or  container.  They  shall then sign such reconciliation form.  IF
SUCH REMAINDER NUMBER IS NOT ZERO OR THERE ARE UNSCANNED VOTED  ELECTION
DAY  BALLOTS  IN  THE  EMERGENCY  BALLOT  BOX(ES)  OR  OTHER SUCH SECURE
CONTAINER(S), THE INSPECTORS OR CLERKS SHALL PROCEED  WITH  THE  PROCESS
PROVIDED  FOR  IN SECTION 9-108 AND 9-110 OF THIS TITLE. UPON COMPLETION
OF SUCH PROCESS, THE CLERKS OR INSPECTORS SHALL THEN SEPARATE, LABEL AND
PLACE EACH TYPE OF BALLOT IN THE BOX(ES) OR CONTAINER(S) PROVIDED BY THE
BOARD OF ELECTIONS, AND SECURELY LOCK  OR  SEAL  EACH  SUCH  BOX(ES)  OR
CONTAINER(S). THEY SHALL THEN SIGN SUCH AMENDED RECONCILIATION FORM.
  S  5. Subdivision 2 of section 9-108 of the election law is amended to
read as follows:

S. 3536--C                          5

  2. If the ballots found in any box shall be more than  the  number  of
ballots  so shown to have been deposited therein, such ballots shall all
be replaced, without being unfolded, in the box  from  which  they  were
taken,  and  shall be thoroughly mingled therein, and one of the inspec-
tors  shall,  with his OR HER back to the box, publicly draw out as many
ballots as shall be equal to such excess  and,  without  unfolding  them
forthwith  shall  enclose them in an envelope which he OR SHE shall then
and there seal and endorse "excess ballots [from the  box  for  ballots]
for  the  general  election,  presidential electors, or party ballots or
otherwise", as the case may be, and shall sign his OR HER name  thereto,
and place such envelope in the box for defective or spoiled ballots.
  S  6.  Section 9-110 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
  S 9-110. Canvass; election  day  paper  ballots  that  have  not  been
scanned;  method  of.  1.  Election day paper ballots that have not been
scanned because a ballot scanner was not available or because the ballot
has been abandoned by a voter at the ballot scanner shall  be  canvassed
as follows: a bipartisan team of inspectors shall cast such ballots on a
ballot  scanner,  if  one is available, at the close of the polls before
the tabulated [result] RESULTS tape is printed. If  a  ballot  does  not
scan  because of an overvote or blank ballot warning on the ballot scan-
ner screen, the inspectors shall cause the ballot scanner to eject  such
ballot to be hand counted pursuant to subdivision two of this section.
  2.  Election  day paper ballots that cannot be scanned, as provided in
SUBDIVISION ONE OR ONE-A OF SECTION 9-102 OF THIS  TITLE  AS  APPLICABLE
AND  subdivision  one of this section shall be canvassed as follows: The
inspectors shall unfold each ballot of the kind then to be canvassed and
shall place all such ballots upon the table in one pile face  down.  The
chair  shall  take up each ballot in order, turn it face up and announce
loudly and distinctly the vote registered on each section, in the  order
of  the  sections  upon  the  ballot,  or that the ballot is void or the
section blank, as the case may be. If more than  one  person  is  to  be
elected to the same office or party position the chair, if the ballot is
void  or  the  ballot or section is wholly blank, shall announce as many
void or blank votes as there are persons to be elected to the office  or
party  position.  On  a  primary ballot a "section," as the term is used
above, shall mean the space occupied by the title of an office or  party
position, names of candidates therefor and the voting squares therewith.
The  canvass  of each ballot must be completed before the next ballot is
taken up. When the tallies of the votes of all such ballots are  proven,
and  the  results  announced,  the  [inspectors'] INSPECTORS shall AFFIX
TALLY SHEETS TO OR record  the  results  FROM  SAME  on  the  return  of
canvass.
  3.  Nothing  in  this  section shall be construed to require or permit
affidavit ballots to be canvassed at the poll site on election day.
  S 7. Section 9-112 of the election law, subdivisions 1, 2, 4 and 5  as
amended  by chapter 352 of the laws of 1986, subdivision 6 as amended by
chapter 647 of the laws of 1982, is amended to read as follows:
  S 9-112. Canvass ballots; validity of ballot. 1. The whole  ballot  is
void  if  the  voter  (a)  does  any act extrinsic to the ballot such as
enclosing any paper or other article in the folded ballot or (b) defaces
or tears the ballot except that a ballot card  which  is  in  perforated
sections  shall  not be void because it has been separated into sections
or (c) makes any erasure thereon or (d) makes  any  mark  thereon  other
than  a cross X mark or a check V mark in a voting square, or filling in
the voting square, or [punching a hole in the voting square of a  ballot

S. 3536--C                          6

intended  to  be  counted  by  machine or] (e) writes, other than in the
space provided, a name for the purpose of voting; except that an erasure
or a mark other than a valid mark made in a voting square shall not make
the ballot void, but shall render it blank as to the office, party posi-
tion  or ballot proposal in connection with which it is made.  No ballot
shall be declared void or partially blank  because  a  mark  thereon  is
irregular  in  form.  The  term "voting square" shall include the voting
space provided for a voter to mark his OR HER vote for  a  candidate  or
ballot proposal.
  2.  A  cross  X mark or a check V mark, made by the voter, in a voting
square at the left of a candidate's name, or the voter's filling in such
voting square, or punching a hole in  the  voting  square  of  a  ballot
intended  to  be counted by machine, shall be counted as a vote for such
candidate.
  3. A vote shall be counted for a person whose name is written in under
the title of an office or party position only if such name is written by
the voter upon the ballot in the proper space provided therefor and only
if such name is not printed under the title of such office or  position.
A  voting mark before or after such written in name shall not invalidate
the vote.
  4. If, in the case of a candidate whose name  appears  on  the  ballot
more  than once for the same office, the voter shall make a cross X mark
or a check V mark in each of two  or  more  voting  squares  before  the
candidate's  name,  or fill in TWO OR MORE such voting squares [or punch
out the hole in two or more voting squares of a ballot  intended  to  be
counted  by  machine,]  only  the  first  vote shall be counted for such
candidate. If such vote was cast for the office of governor,  such  vote
shall  not be recorded in the tally sheet or returns in a separate place
on the tally sheet as a vote not for any particular party or independent
body.
  5. If a voter makes a cross X mark or a  check  V  mark  in  a  voting
square  following  the  word  "Yes"  or  the  word "No", before a ballot
proposal, or fills in such square, [or punches out the hole in a  voting
square  of  a ballot intended to be counted by machine,] such mark shall
be counted in the affirmative or negative, as so indicated.
  6. If the voter marks more names than there are persons to be  elected
or  nominated  for an office, or elected to a party position, or makes a
mark in a place or manner not herein provided for, or if for any  reason
it  is  impossible  to  determine  the  voter's choice of a candidate or
candidates for an office or party position or his OR  HER  vote  upon  a
ballot proposal, his OR HER vote shall not be counted for such office or
position  or  upon the ballot proposal, but shall be returned as a blank
vote thereon.
  S 8. Section 9-114 of the election law, subdivision 1  as  amended  by
chapter 647 of the laws of 1982, is amended to read as follows:
  S  9-114.  Counting ballots; objections to. 1. If objection be made to
the counting of any ballot or as to any section of any such ballot,  the
board  of  inspectors  shall  forthwith  and [for] BEFORE canvassing any
other ballot or  section  thereof,  rule  upon  the  objection.  If  the
objection be continued after this ruling, the [chairman] CHAIR UNDER THE
SCRUTINY  OF  THE OPPOSITE PARTY shall write in ink upon the back of the
ballot a memorandum of the ruling and objection. The memorandum  of  the
ruling  shall  be  in  the  words "Counted void", or "Counted blank", or
"Counted for (naming the candidate or  candidates  or  the  presidential
ticket)",  or,  in  the  case of a ballot proposal "Counted for Proposal
No.......," or "Counted against Proposal No........", as  the  case  may

S. 3536--C                          7

be. The memorandum of the objection shall be in the words "Objected to",
followed  by  a brief statement of the nature of the objection, the name
and address of the challenger and the signature of the [chairman]  CHAIR
OR INSPECTOR.
  2.  Any  ballot  to  which  objection is not taken but which is wholly
blank or is void shall be indorsed in ink by the [chairman] CHAIR of the
board of inspectors OR AN INSPECTOR UNDER THE SCRUTINY OF  AN  INSPECTOR
OF  THE  OPPOSITE  PARTY with the words "Wholly blank" or "Void", as the
case may be, and signed by the [chairman] CHAIR OR INSPECTOR.
  3. When all the ballots of any one kind shall have been canvassed, the
inspectors shall ascertain the total number of [wholly blank  and  void]
ALL  SUCH  ballots and the number of ballots [as] to which any objection
was taken and shall enter such numbers in the place provided therefor in
the inspectors' returns of such canvass.
  S 9. Subdivision 1 of section 9-116 of the election law, as amended by
chapter 13 of the laws of 1988, is amended to read as follows:
  1. As each vote for  any  office  or  position,  or  upon  any  ballot
proposal,  is  announced, a clerk, or, if there be no clerks, an inspec-
tor, under the scrutiny of a clerk or inspector  of  opposite  political
[faith] PARTY immediately shall tally it in [black] ink, with a downward
stroke from right to left upon the official tally sheet. Each such clerk
or  inspector,  as  he OR SHE tallies a vote, shall announce clearly the
name of the person for whom he OR SHE tallies it,  or  that  he  OR  SHE
tallies  the vote blank or void as the case may be, or, in the case of a
ballot proposal, that he OR SHE tallies the vote "yes" or "no". When the
name of a person voted for is not  printed  on  the  tally  sheet,  such
clerks  or inspectors shall write it in full thereon in ink in the place
provided therefor.
  S 10. Section 9-120 of the election law, subdivision 1 as  amended  by
chapter 262 of the laws of 1986, is amended to read as follows:
  S  9-120.  Returns  of  canvass;  generally.  1.  Upon  completing the
canvass, the inspectors shall prepare their  returns  of  the  canvass[.
They shall use therefor the] ON A printed form supplied to them [and, at
an election which was not conducted on a voting machine which produces a
printed  or photographic record, they shall carefully insert thereon, in
ink,  the  appropriate  names,  words  and  figures  according  to   the
directions printed in the form provided by this chapter] BY THE BOARD OF
ELECTIONS.  The  [printed  or photographic record produced by the voting
machine] RESULTS TAPE(S) and the tally [sheets] SHEET(S) for any office,
party position or ballot proposal, if separate from  [the  statement  of
return] SUCH FORM, shall be securely attached by the [chairman] CHAIR OR
AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE OPPOSITE PARTY to
such  [statement of] FORM returns AND IT SHALL NOT BE NECESSARY TO TRAN-
SCRIBE INFORMATION PROVIDED BY SUCH RESULTS TAPES ONTO SUCH  FORM.    [A
printed  or  photographic  record]  RESULTS  TAPE(S)  or a tally [sheet]
SHEET(S), when so annexed, or forming part of  the  same  paper  as  the
return,  shall  be  treated  as  part of the return. The inspectors, and
clerks, if any, shall subscribe in ink the certificate at the end of the
set of returns. Each set of returns  shall  be  securely  sealed  in  an
envelope  properly  endorsed  on  the  outside  by the inspectors. At an
election at which voting machines are not used,  the  ballot  boxes,  if
any,  supplied  by  the  board of elections, may when securely locked be
used instead of sealed envelopes.
  2. The form for the return or returns of the canvass shall be  printed
in  a  [form] FORMAT approved by the state board of elections.  THE FORM
OF SUCH RETURN OF CANVASS SHALL PROVIDE FOR THE TOTAL  NUMBER  OF  VOTES

S. 3536--C                          8

FOR  EACH  CANDIDATE  IN  EACH  CONTEST,  OR  UPON EACH BALLOT PROPOSAL,
INCLUDING THE TOTAL NUMBER  OF  UNSCANNED  VOTED  BALLOTS  CANVASSED  IN
ACCORDANCE WITH SECTION 9-110 OF THIS TITLE.
  3.  IN  THE  EVENT  THAT THERE IS MORE THAN ONE ELECTION DISTRICT AT A
POLLING PLACE, THE BOARD OF ELECTIONS MAY AUTHORIZE THE USE  OF  ONE  OR
MORE  RETURNS  OF  CANVASS  THAT CONSOLIDATE THE REPORT OF THE NUMBER OF
VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL,  FOR  MORE  THAN
ONE  ELECTION  DISTRICT  OR  MORE THAN ONE BALLOT SCANNER, PROVIDED THAT
SUCH CONSOLIDATED RETURNS OF CANVASS HAVE ATTACHED TO THEM  THE  RESULTS
TAPE(S)  PRODUCED  BY  THE BALLOT SCANNER(S) THAT IDENTIFY THE NUMBER OF
VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL, WITHIN EACH SUCH
ELECTION DISTRICT AND EACH SUCH BALLOT SCANNER.
  S 11. Section 9-122 of the election law, as amended by chapter 647  of
the laws of 1982, is amended to read as follows:
  S  9-122.  Proclamation  of result. Upon the completion of the canvass
and of the returns of the canvass, the [chairman] CHAIR of the board  of
inspectors  OR  AN  INSPECTOR  UNDER THE SCRUTINY OF AN INSPECTOR OF THE
OPPOSITE PARTY shall make public oral proclamation of the [whole]  TOTAL
number of votes cast at the election at the polling place for all candi-
dates  for  each  office,  or,  if it be a primary election, the [whole]
TOTAL number of party votes of each party so cast for all candidates for
each office or party position; upon each ballot proposal, if  any[;  the
whole  number  of  votes  given  for  each person, with the title of the
office or party position for which he was named on the ballot;  and  the
whole  number  of  votes  given, respectively, for and against each such
ballot proposal, if any] AND THE TOTAL NUMBER OF WRITE-IN VOTES RECORDED
FOR EACH OFFICE.   AS AN ALTERNATIVE TO  SUCH  ORAL  PROCLAMATION,  SUCH
CHAIR  OR  INSPECTOR  MAY  CAUSE TO BE POSTED THE RESULTS TAPE(S), TALLY
SHEET(S), AND ANY OTHER MATERIALS  NECESSARY  TO  ASCERTAIN  SUCH  TOTAL
NUMBERS OF VOTES CAST.
  S  12.  Section  9-124 of the election law, as amended by chapter 9 of
the laws of 1978, subdivision 1 as amended by chapter 659 of the laws of
1994, subdivision 2 as amended by chapter 413 of the laws of  1991,  and
subdivision  3  as amended by chapter 91 of the laws of 1992, is amended
to read as follows:
  S 9-124. Returns of canvass, procedure after. 1. After the returns  of
the  canvass  are  made out and signed, the inspectors shall enclose the
protested[,] AND void [and wholly blank] ballots and the ballots cast in
affidavit envelopes in a  separate  sealed  envelope  or  envelopes  and
endorse  thereon a certificate signed by each of them stating the number
of the district and the number of ballots contained in such envelope  or
envelopes.  THE  INSPECTORS  SHALL  ENCLOSE  THE UNSCANNED VOTED BALLOTS
CANVASSED IN ACCORDANCE WITH SECTION 9-110 OF THIS TITLE IN  A  SEPARATE
SEALED ENVELOPE AND ENDORSE THEREON A CERTIFICATE SIGNED BY EACH OF THEM
STATING  THE  NUMBER OF THE DISTRICT AND THE NUMBER OF BALLOTS CONTAINED
IN SUCH ENVELOPE. The inspectors shall then [tie up]  PACKAGE  and  seal
the other voted ballots and [return] PLACE them [to the ballot box which
contained  them]  IN ONE OR MORE BOXES OR CONTAINERS, AND INCLUDE WITHIN
SUCH BOXES OR CONTAINERS ONE PORTABLE MEMORY  DEVICE  FROM  EACH  BALLOT
SCANNER PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 9-102 OF
THIS  TITLE,  AND  ANY  ABSENTEE,  MILITARY, SPECIAL FEDERAL, OR SPECIAL
PRESIDENTIAL BALLOTS WHICH MAY HAVE BEEN  DELIVERED  TO  THE  POLL  SITE
DURING ELECTION DAY, and securely lock and seal [the box, except that at
elections  in  which  voting  machines  are used, absentee and military,
special federal, special presidential and emergency ballots  and  stubs,
if  any, shall be sealed in the envelope or envelopes provided therefor]

S. 3536--C                          9

SUCH BOXES OR CONTAINERS. NOTWITHSTANDING THE PRECEDING  SENTENCE,  SUCH
PORTABLE  MEMORY  DEVICE FROM EACH BALLOT SCANNER WITH THE CORRESPONDING
RESULTS TAPE MAY BE ENCLOSED IN A SEALED CONTAINER AND TRANSPORTED PRIOR
TO  AND  SEPARATELY  FROM OTHER MATERIALS REFERENCED IN THIS SECTION FOR
THE PURPOSE OF USING SUCH DEVICE  TO  PROVIDE  AN  UNOFFICIAL  TALLY  OF
RESULTS AS REQUIRED BY SECTION 9-126 OF THIS TITLE.
  2.  Each  box  [or], envelope, OR CONTAINER containing the ballots and
stubs, if any, AND ALL  ITEMS  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
SECTION  shall  be deposited by an inspector designated for that purpose
with the officer or board from whom or which  the  board  of  inspectors
received  it[,  together  with  the  separate  sealed  package of unused
ballots]. In the city  of  New  York,  every  SUCH  box  [or],  envelope
[containing  any ballots or stubs and the package of unused ballots], OR
CONTAINER shall be delivered at the polling place[, at the conclusion of
the canvass,] to [the] police or peace [officer] OFFICERS DESIGNATED  BY
THE  POLICE  COMMISSIONER  OF SUCH CITY, who shall deposit them with the
board of elections.
  3. [The books, returns and other  papers  enumerated  below  shall  be
disposed of as follows, except as otherwise provided:
  (a) In a city or town, except the city of New York and in a village in
which elections are conducted by the board of elections, the] (A) EXCEPT
IN  THE  CITY  OF  NEW  YORK,  THE registration poll records or computer
generated registration lists, the returns OF CANVASS with RESULTS  TAPES
AND  tally  sheets, IF ANY, annexed, the [absentee and military, special
federal, special  presidential  and  emergency]  VOTED  ballots,  stubs,
OPENED  PACKAGES  OF  UNUSED BALLOTS and ballot envelopes, ANY ABSENTEE,
MILITARY, SPECIAL FEDERAL, OR SPECIAL  PRESIDENTIAL  BALLOTS  WHICH  MAY
HAVE  BEEN DELIVERED TO THE POLL SITE DURING ELECTION DAY, the challenge
records and the package of protested[,]  AND  void  [and  wholly  blank]
ballots  shall be filed with the board of elections[, and the flag shall
be returned to it].
  (b) Records and supplies to be filed with  a  city,  town  or  village
clerk shall be so filed or delivered immediately after the completion of
the  returns  of the canvass, by an inspector designated by the board of
inspectors.  Returns, papers and registration poll records  or  computer
generated  registration  lists  to  be filed with the board of elections
shall be so filed by the chairman of  the  board  of  inspectors  within
twenty-four  hours  after  the  completion  of  such returns. The person
receiving such returns in the board  of  elections  shall  give  to  the
person  delivering  the  returns  a receipt stating therein the date and
hour of delivery, the name of the person making  the  delivery,  and  to
whom  said  returns  were  delivered  and shall keep a duplicate of said
receipt on file in the office of the board of elections.
  (c) The county legislative body of any county in the state except  the
counties comprising the city of New York may, by a resolution, ordinance
or  act as required, provide that all returns, papers, registration poll
records or computer generated registration lists, books, records,  docu-
ments,  and  other election supplies and materials shall be filed by the
chairman of the board of inspectors of elections in a city or  town  and
in a village in which elections are conducted by the board of elections,
with  the  city,  town or village clerk of such city, town or village in
the county within eighteen hours after the closing of the polls  at  any
primary,  general,  special  or  village  election and the city, town or
village clerk upon receiving such returns, papers, registers  or  lists,
books,  records,  documents,  and  other election supplies and materials
shall give to the person making the delivery, a receipt stating  therein

S. 3536--C                         10

the  date  and  hour of the delivery and the name of such person. Within
twenty-four hours after the closing of the polls at any primary,  gener-
al,  special  or village election, the city, town or village clerk shall
file  all  returns, papers, registration poll records or computer gener-
ated registration lists, books, records, documents  and  other  election
supplies  and materials filed with him by the inspectors of the election
districts of the city, town or village, with the board of  elections  of
the  county  and  the board of elections shall give to the city, town or
village clerk a receipt therefor stating therein the date  and  hour  of
the  delivery and the name of the person making the delivery and to whom
it was made, and shall keep a duplicate of said receipt on file  in  the
office of the board of elections.
  (d)  In the city of New York, the board of inspectors[,] shall deliver
to [the] police or peace [officer] OFFICERS  DESIGNATED  BY  THE  POLICE
COMMISSIONER  OF  SUCH  CITY, at the polling place the registration poll
records or computer  generated  registration  lists,  challenge  report,
records, keys, [the flag,] other election supplies, INCLUDING TWO COPIES
OF  the  returns  of the canvass and [the] ANY absentee [and], military,
special  federal,  OR  special  presidential  [and  emergency  ballots,]
BALLOTS  WHICH  MAY HAVE BEEN DELIVERED TO THE POLL SITE DURING ELECTION
DAY, VOTED BALLOTS, stubs, OPEN PACKAGES OF UNUSED  BALLOTS  and  ballot
envelopes.  [The] SUCH police or peace [officer] OFFICERS shall file the
returns,  the  package  of  void[,]  AND  protested  [and  wholly blank]
ballots, if any, and the  absentee  [and],  military,  special  federal,
special presidential, and emergency ballots, stubs and ballot envelopes,
if  any,  within  twenty-four hours after the close of the polls, in the
office of the board  of  elections  or  its  branch  office  within  the
borough, as the case may be.
  S  13.  Section  9-126  of  the  election  law, the section heading as
amended by chapter 9 of the laws of 1978, subdivision  1  and  paragraph
(a)  of  subdivision  2  as  amended by chapter 647 of the laws of 1982,
subdivision 3 as added by chapter 262 of the laws of 1986, and paragraph
(b) of subdivision 3 as amended by chapter 356 of the laws of  1986,  is
amended to read as follows:
  S 9-126. [Return of canvass; delivery of results to police and unoffi-
cial]  UNOFFICIAL  tally of election results. 1. In an election district
[of a city and] of the county of Nassau, the  [chairman]  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 police officer 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  forthwith  shall
convey the statement to the stationhouse of the police precinct in which
such  place of canvass is located, and shall deliver it inviolate to the
officer in command thereof, who shall immediately transmit by telegraph,
telephone or messenger, the contents of such statement  to  the  officer
commanding  the  police  department  of  such [city or] county who shall
immediately make the contents of such statement available for the press.
[In the city of New York and the county  of  Nassau  the  chairman]  THE
CHAIR of the board of inspectors in each election district OF SUCH COUN-
TY  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  headquarters, 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

S. 3536--C                         11

for purposes of tabulation.  The other copy shall be transmitted  within
twenty-four  hours to the board of elections. All statements made pursu-
ant to this section shall be preserved for six months by the police  and
shall be presumptive evidence of the result of such canvass.
  2.  (a)  [In an election district outside of a city, except] EXCEPT in
the county of Nassau, the [chairman] CHAIR of the board  of  inspectors,
upon  completion  of the return of canvass and the announcement thereof,
in a general or primary election,  shall  immediately  communicate  such
results  by  telephone, or delivery, to the [county] 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 [county] board of elections shall remain open after the  close
of  the  polls  and  shall receive and tabulate the voting results [from
throughout the county] 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.
  [(c)]  3.  The  results  made public pursuant to this section [are to]
SHALL be released as the unofficial tally [and shall not  be  admissible
in  evidence  in  any  action or proceeding contesting the result of any
election].
  [(d) Any police department of a city outside the city of New York  and
the county of Nassau receiving statements as provided in subdivision one
of  this  section  shall immediately communicate the contents thereof to
the county board of elections at a location designated by it. In lieu of
requiring the delivery of statements to the police in cities outside  of
the city of New York and the county of Nassau as provided in subdivision
one of this section, a]
  4. A county board of elections may require the [chairman] CHAIR of the
board  of  inspectors  in  each election district [within such a city to
make a return of the vote pursuant to the provisions  of  this  subdivi-
sion]  TO  REPORT UNOFFICIAL ELECTION NIGHT RESULTS BY TELEPHONE, FAX OR
OTHER MEANS. SUCH RESULTS SHALL INCLUDE THE TOTAL  AGGREGATE  NUMBER  OF
VOTES  RECEIVED  BY EACH PERSON VOTED FOR, THE TOTAL AGGREGATE NUMBER OF
WRITE-INS AND THE NUMBER OF VOTES  CAST  FOR  AND  AGAINST  EACH  BALLOT
PROPOSAL.
  [3.]  5.  (a)  The  board  of  elections  of  counties in which voting
machines which have  [removable  electronic  or  computerized]  PORTABLE
MEMORY  devices  [which  record  the  total  of  the  votes cast on such
machines] are used, may establish WRITTEN procedures CONSISTENT WITH THE
PROVISIONS OF THIS SECTION AND FILED WITH THE STATE BOARD  OF  ELECTIONS
by  which  such  devices  may  be used [after the close of the polls] to
provide the unofficial tally of results required by this section.
  (b) Such procedures may include: the installation,  at  the  board  of
elections  or  at town or city halls, police stations, sheriff's offices
or other public buildings, of machines which  record  and  transmit  the
totals recorded in such devices to the board of elections or directly to
a  representative  of  the  press;  the delivery of the devices from the
polling places to such locations and the removal of such devices, by  at
least  two clerks or other agents of such board of elections of opposite
political parties, from the containers or envelopes in which  they  were
sealed at the polling places and the insertion of such devices into such
machines.
  (c)  IN  THE  CITY  OF NEW YORK, UNLESS THE BOARD OF ELECTIONS OF SUCH
CITY DESIGNATES TWO CLERKS OR OTHER AGENTS OF OPPOSITE POLITICAL PARTIES

S. 3536--C                         12

FOR DELIVERY OF THE DEVICES FROM THE POLLING PLACES TO  SUCH  LOCATIONS,
POLICE  OFFICERS OR PEACE OFFICERS DESIGNATED BY THE POLICE COMMISSIONER
OF SUCH CITY SHALL PROVIDE SUCH DELIVERY AS SOON AS PRACTICABLE.
  (D)  The  board  of  elections  shall  provide containers, at all such
locations other than the offices of such  board,  into  which  all  such
devices  shall  be placed by the clerks or other agents of such board of
elections after they are removed from  such  machines.  Such  containers
shall  be  sealed  by  such  clerks  or agents who shall also enter on a
certificate which shall be printed on each  such  container,  the  total
number  of  such  devices  placed  in  such  container  and the election
districts from which such devices came. Such clerks shall also sign such
certificate in the places provided.
  [(d)] (E) Such containers shall be delivered to the board of elections
by the public officials in whose offices such  machines  were  installed
within  twenty-four  hours  after the closing of the polls [and the]. IN
THE CITY OF NEW YORK, UNLESS THE BOARD OF ELECTIONS OF SUCH CITY  DESIG-
NATES  TWO  CLERKS  OR  OTHER  AGENTS  OF OPPOSITE POLITICAL PARTIES FOR
DELIVERY OF SUCH CONTAINERS TO THE BOARD OF ELECTIONS,  POLICE  OFFICERS
OR  PEACE  OFFICERS  DESIGNATED  BY THE POLICE COMMISSIONER OF SUCH CITY
SHALL DELIVER SUCH CONTAINERS. THE board of elections  shall  give  such
officials,  POLICE  OFFICERS, OR PEACE OFFICERS a receipt therefor which
states therein the date and hour of delivery, the  name  of  the  person
making the delivery and the name of the person to whom such delivery was
made.  The  board of elections shall keep a duplicate of such receipt on
file at the office of such board.
  [(e)] (F) The cost of installing such machines at locations other than
the board of elections and the cost of  transmitting  the  results  from
such  machines  may  be paid by the board of elections or by a represen-
tative of the press. If such results are  transmitted  from  a  location
other  than  the  board of elections directly to a representative of the
press, such cost shall be paid by such representative of the press.
  S 14. Section 9-128 of the election law is REPEALED.
  S 15. This act shall take effect immediately and shall  apply  to  any
election  held  on  or  after  the seventy-fifth day after it shall have
become a law.

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