S T A T E   O F   N E W   Y O R K
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                                  7925

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2015
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Election Law

AN  ACT  to  amend  the  election  law,  in relation to establishing the
  "Uniform Election Night Procedure Act"

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "Uniform Election Night Procedure Act".
  S 2. Section 9-102 of the election law, as amended by chapter  334  of
the laws of 2013, is amended to read as follows:
  S  9-102.  Canvass;  general provisions for. 1. [Except in the city of
New York, as] AS soon as the polls  of  the  election  are  closed,  the
inspectors  of election thereat shall, in the order set forth herein[;]:
(a) place an inspector at the ballot scanner to prevent further  voting;
(b) reconcile the paper ballots pursuant to section 9-106 of this title;
(c)  remove  surplus  ballots, if any, pursuant to section 9-108 of this
title; (d) scan the ballots contained in  the  emergency  box  or  other
secure  storage  container  pursuant to section 9-110 of this title; (e)
hand count and secure ballots that cannot be scanned pursuant to section
9-110 of this title; (f) INITIATE THE BALLOT  SCANNER,  close  the  poll
MECHANISM,  print  the tabulated results tape, AND POST THE RESULTS TAPE
OR announce [the result] ITS CONTENTS OR BOTH; (G)  REMOVE  ONE  OF  THE
PORTABLE  MEMORY  DEVICES  FROM  THE  BALLOT  SCANNER FOR THE PURPOSE OF
REPORTING THE UNOFFICIAL TALLY OF ELECTION RESULTS PURSUANT  TO  SECTION
9-126 OF THIS TITLE; (H) POST OR ANNOUNCE THE RESULTS OF ANY HAND COUNTS
and  sign the return of canvass pursuant to subdivisions 2 and 3 of this
section; [(g)] (I) close, lock and seal the machine; and [(h)] (J)  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10751-01-5
              

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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 mech-
anism, 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 unoffi-
cial 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 certif-
icate, as provided by the board of elections.]
  2.  (a)  The  inspectors  shall  canvass  the ballot scanner tabulated
results by printing the results tape in the presence of the watchers and
all other persons who may be lawfully within the polling  place,  giving
full  view  of  the  tabulated results tape numbers. 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 results  tape,  in
distinct  tones  the  public  office  or party position, candidate name,
political party and the results as shown on the tabulated  results  tape
and  then  shall announce the number of write-in votes recorded for each
office.  The inspectors shall also in the same manner post  or  announce
the results for each ballot proposal.
  (b)  The  results on the tabulated results tape shall be entered on or
the tabulated results tape (representing the aggregate results of  votes
cast on the ballot scanner or the results by election district as appli-
cable) shall be affixed to the return of canvass for that ballot scanner
or  election  district  pursuant  to  section  9-120 of this title by an
inspector under the scrutiny of an inspector of  a  different  political
party,  in  the  space indicated. If any election day paper ballots were
hand counted pursuant to this section and  subdivision  two  of  section
9-110  of  this  title,  an  inspector  shall,  under the scrutiny of an
inspector of a different  political  party,  either  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. The return of canvass
and tabulated results tape shall be signed by  two  inspectors  of  each
major political party.
  (c)  The 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.
  (d)  If the machine is provided with a removable electronic or comput-
erized device which records the total of the votes cast on such  machine
([such  device,]  for  purposes  of  this  section  a  "portable  memory
device"), such device shall be removed from the machine after copies  of
the  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

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provided for its return to the board of elections. Such secure container
shall be signed by the inspectors upon the securing of the device there-
in.
  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 POSTED OR
announced with the sum of the votes appearing on the  tabulated  results
tape  and  any hand counted election day ballots, if any, and any neces-
sary corrections shall then and there be made on the return  of  canvass
by  the inspectors.   Thereafter, the voting machine shall be closed and
locked. The first copy of the  results  tape  for  each  voting  machine
should  be  posted on the wall of the polling place forthwith; provided,
however, that if only one copy of such results tape can  be  printed  by
any such machine at any election, such copy shall be used in preparation
of the returns of canvass required by this title.
  (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(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
table and in plain view of all persons entitled to examine  them,  until
they  have  been  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 3. Section 9-106 of the election law, as amended by chapter  334  of
the laws of 2013, is amended to read as follows:
  S 9-106. Official ballots; accounting for number used. After the polls
of  the election are closed and before any boxes or 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  spoiled  before  delivery  to

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voters  in  the poll site, the number of ballots spoiled and returned by
voters and the number of affidavit ballots cast. These numbers shall  be
added  to  the  number of ballots cast as recorded by the public counter
number appearing on the ballot scanner screen(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
determined to be the number of ballots secured in the  emergency  ballot
box(es)  or  other  secure storage container(s) provided by the board of
elections. This remainder number shall be recorded on the ballot  recon-
ciliation  form.  If  such  remainder  number  is  zero and there are no
ballots  in  the  emergency  ballot  box(es)  or   other   such   secure
container(s),  inspectors  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 inspec-
tors shall then separate, 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  AND RECORD SUCH SEAL NUMBER ON THE
BALLOT RECONCILIATION FORM. 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 sepa-
rate, 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 reconcil-
iation form.
  S 4. Section 9-110 of the election law, as amended by chapter  334  of
the laws of 2013, 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 results tape is printed. If a ballot does not scan because
of an overvote or blank ballot warning on the ballot scanner screen, the
inspectors  shall  cause  the  ballot scanner to eject such ballot to be
hand counted pursuant to subdivision two of this section.
  2. Election day paper ballots that cannot be scanned, as  provided  in
subdivision  one [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

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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 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 5. Subdivision 2 of section 9-112 of the election law, as amended by
chapter 334 of the laws of 2013, is amended to read as follows:
  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.
  S 6. Subdivision 1 of section 9-114 of the election law, as amended by
chapter 334 of the laws of 2013, is amended to read as follows:
  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
before  canvassing  any  other  ballot or section thereof, rule upon the
objection. If the objection be continued after this ruling, the 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  candi-
date  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 chair or inspector.
  S 7. Section 9-124 of the election law, as amended by chapter  334  of
the laws of 2013, 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
BALLOT STUBS, protested and void ballots and the ballots cast in affida-
vit envelopes in [a] separate sealed [envelope] ENVELOPES or [envelopes]
CONTAINERS  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] ENVELOPES or [envelopes] CONTAINERS.  The inspectors
shall enclose the unscanned voted ballots canvassed in  accordance  with
section  9-110  of this title in a separate sealed envelope OR CONTAINER
and endorse thereon a certificate signed by each  of  them  stating  the
number  of  the  district, BALLOT SCANNER IDENTIFICATION INFORMATION and
the number of ballots contained in such  envelope  OR  CONTAINER.    The
inspectors shall then package and seal the other voted ballots and place
them  in  one or more boxes or containers, and include within such boxes
or containers one portable memory device from each ballot scanner pursu-
ant 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 such boxes or containers. Notwithstand-
ing 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

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provide  an  unofficial tally of results as required by section 9-126 of
this title.
  2.  Each box, envelope, or container containing the ballots and stubs,
if any, and all items described in subdivision one of this section shall
be deposited by an inspector designated for that purpose with the  offi-
cer  or board from whom or which the board of inspectors received it. In
the city of New York, every such box, envelope, or  container  shall  be
delivered at the polling place to police or peace officers designated by
the  police  commissioner  of such city, who shall deposit them with the
board of elections.
  3. (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  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 REPORT records, KEYS and the package  of  protested  and  void
ballots shall be filed with the board of elections.
  (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
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.

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  (d)] In the city of New York, the board of inspectors shall deliver to
police or peace 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,  other
election  supplies,  including  two copies of the returns of the canvass
and any absentee, military, special  federal,  or  special  presidential
ballots  which  may have been delivered to the poll site during election
day, voted ballots, stubs, open packages of unused  ballots  and  ballot
envelopes.  Such  police  or  peace officers shall file the returns, the
package of void and protested ballots, if any, and the  absentee,  mili-
tary,  special  federal,  special presidential[,] BALLOTS WHICH MAY HAVE
BEEN DELIVERED TO THE POLL  SITE  DURING  ELECTION  DAY;  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 8. This act shall take effect immediately.