NY State Senate Bill S1027A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
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Delivered to Governor
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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	approval memo.124 signed chap.763
Dec 10, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.737 substituted for a7931
Jun 09, 2021	referred to election law returned to assembly repassed senate
Jun 01, 2021	amended on third reading (t) 1027a
Jun 01, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Jan 11, 2021	referred to election law delivered to assembly passed senate ordered to third reading cal.8 reported and committed to rules
Jan 06, 2021	referred to elections

Votes

view votes

Jun 9, 2021 - floor Vote

S1027A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 11, 2021 - floor Vote

S1027

floor

Aye

Nay

Absent

Excused

Abstained

Jan 11, 2021 - Elections committee Vote

S1027

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Jan 11, 2021

aye (5)

nay (2)

Jan 11, 2021 - Rules committee Vote

S1027

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S1027 - Details

See Assembly Version of this Bill:: A7931
Law Section:: Election Law
Laws Affected:: Rpld & add §9-209, amd §§9-211, 7-122, 8-302, 16-106, 17-126 & 17-130, El L
Versions Introduced in 2019-2020 Legislative Session:: S9089

S1027 - Summary

Relates to the canvassing of absentee, military and special ballots and ballots cast in affidavit envelopes.

S1027 - Sponsor Memo

 
BILL NUMBER: S1027               Revised 6/1/2021

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the election law, in relation to validating absentee
ballots

 
PURPOSE:

This bill amends the Election Law to change the process for canvassing
absentee, military, special and affidavit ballots in order to obtain the
results of an election in a more expedited manner and to assure that
every valid vote by a qualified voter is counted. It also amends various
other sections of the Election Law to conform to the new canvassing
process.

 
SUMMARY OF PROVISIONS:

Section one repeals section 9-209 of the election law and replaces it
with a new section 9-209. This section sets forth specific processes for

the canvassing of absentee, special, military and affidavit ballots.
These processes include the timeframe during which ballots shall be
reviewed and the way in which they shall be reviewed. When ballots (not
including affidavit ballots) are received, they will be reviewed within
4 days and will be assigned to 1 of 3 statutorily defined categories:
valid, defective but curable, and invalid. If the ballot is deemed
valid, the ballot is processed by opening the envelope, unfolding the
ballot and stacking the ballot face down in a secure box or envelope.
The statute specifically defines what type of defect does not need to be
cured for the ballot to be valid. If the commissioners or their desig-
nees "split" on the question of validity, a presumption of validity
applies in favor of the voter and the ballot is processed for canvass-
ing. Valid ballots will be scanned on the day before the first day of
early voting and again on the last day of early voting. Results will be
tabulated beginning at 8:00 p.m.  on election night. If the ballot has a
defect that is curable, as defined in the statute, the voter gets notice
and a chance to cure the defect. If the ballot is invalid, as defined in
the statute, the ballot is set aside for post-election review by the
board and the candidates. The post-election reviews of ballots shall
occur within four business days of the election.

Post-election review and canvassing of affidavit ballots shall also
occur within four business days of the election and the statute makes
clear when affidavit ballots should be counted despite minor technical
defects on the affidavit ballot envelope. The board would canvass the
valid affidavit ballots. It would also give an affidavit ballot voter an
opportunity to cure any question regarding the voter's signature on the
envelope. Voters will be able to verify whether their affidavit ballot
was counted with the tracking system established for absentee, military
and special ballots. Within 4 days of the election, the board would meet
to review all invalid absentee, military, special and affidavit ballots
with the candidates, who would then have the option of seeking a court
order directing the opening of additional ballots. In such a proceeding,
the court would be unable to change the process outlined in the new
statute and may only change the schedule if a candidate shows by clear
and convincing evidence that because of procedural irregularities or
other facts he or she will be irreparably harmed absent such relief. No
ballot already counted could be uncounted by a court.
Section two amends Election Law § 9-211 to require that a central count
ballot scanner be audited with ballots from 3 percent of election
districts within 3 days of the election and that a similar supplemental
audit be done of all ballots received after the initial audit.

Section three amends Election Law § 7-122 to require a box labeled "BOE
use only" on affirmation ballot envelopes for use in the review of
ballot envelopes pursuant to section 9-209.

Section four amends Election Law § 8-302 to provide that if a voter's
name appears on the registration list with a notation indicating the
voter has already voted by an absentee, military or special ballot, the
voter may not vote on a voting machine but may vote by affidavit ballot.

Section five amends Election Law § 16-106 to authorize a challenge to
the board of election's refusal to cast a ballot in the supreme or coun-
ty court and to prohibit such court from changing the process or sched-
ule contained in Election Law § 9-209.

Section six amends Election Law § 17-126 to create an exception to a
potential misdemeanor charge for unfolding a ballot before the closing
of the polls when processing a ballot pursuant to Election Law § 9-209.

Section seven amends Election Law § 17-130 to create an exception to a
potential misdemeanor charge for unfolding a ballot before the closing
of the polls when processing a ballot pursuant to Election Law § 9-209.

Section eight is the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

During the 2020 election, when vastly more absentee ballots were used by
voters because of the COVID-19 pandemic, the election results were
significantly delayed in many races due to the current canvassing proc-
ess and schedule. The law passed last year will once again allow voters
to cite COVID-19 as a reason to use an absentee ballot in this year's
election.

The purpose of the bill is to speed up the counting of absentee, mili-
tary, special and affidavit ballots to prevent the long delay in
election results that occurred in the 2020 election and to obtain
election results earlier than the current law requires. To do so, the
bill would require the boards of elections to review absentee, military
and special ballots on a rolling basis as they are received prior to,
during and after the election.

In order to promote quicker election results, the enacted law would also
require all central count ballot scanners to be audited within 3 days of
the election and it would prohibit a court from changing the process for
canvassing ballots, a common occurrence during litigation that delays
election results. Any scheduling changes would require a clear and
convincing showing by a candidate.

A second purpose of the bill is to remove the minor technical mistakes
that voters make, which currently can render ballots invalid, so that
every qualified voter's ballot is counted. It does so by defining, in
statute, what renders a bill invalid, defective but curable, or valid
and not needing a cure. If the board of elections commissioners or their
designees "split" on the question of validity, a presumption of validity
applies in favor of the voter and the ballot is processed for canvass-
ing.

This bill continues the extensive reform of the election law that has
occurred over the last two years to make a more liberalized use of
absentee ballots by voters feasible in the future without unduly delay-
ing election results.

 
LEGISLATIVE HISTORY:

Died in Rules/Died in Election Law (Assembly)

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect January 1, 2022 and shall apply to elections
held on or after such date; provided, however, that paragraph (h) of
subdivision 7 of section 9-209 of the election law, shall take effect
January 1, 2023.

S1027 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1027
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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  validating  absentee
   ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 9-209  of  the  election  law,  as
 amended  by  chapter  104  of  the  laws  of 2010, is amended to read as
 follows:
   1. (a) The board of elections shall designate itself or  such  of  its
 employees  as it shall deem appropriate as a set of poll clerks to EXAM-
 INE, cast and canvass such ballots, and fix a time and place  for  their
 meeting  for  such [purpose, provided that such meeting shall be no more
 than fourteen days after a general or special election and no more  than
 eight  days  after  a  primary election at which such ballots are voted]
 PURPOSES. STARTING FORTY DAYS PRIOR TO THE DAY  OF  THE  ELECTION,  SUCH
 POLL  CLERKS SHALL EXAMINE AND DETERMINE THE VALIDITY OF ABSENTEE BALLOT
 ENVELOPES AS THEY ARE RECEIVED BY THE BOARD OF ELECTIONS.  SUCH EXAMINA-
 TION SHALL OCCUR EVERY BUSINESS DAY PRIOR TO THE DAY  OF  THE  ELECTION,
 OR,  UPON  BIPARTISAN AGREEMENT, ON SUCH OTHER SCHEDULE AS DETERMINED BY
 THE BOARD, PROVIDED THAT THE BOARD POST  WHEN  SUCH  EXAMINATIONS  SHALL
 OCCUR ON ITS WEBSITE.
   (B)  BEGINNING  AT  THE  CLOSE  OF POLLS ON THE SECOND SUNDAY OF EARLY
 VOTING, BOARD OF ELECTIONS EMPLOYEES SHALL BEGIN TO PREPARE AND  CANVASS
 VALID  ABSENTEE  BALLOTS  RECEIVED  PRIOR TO SUCH DATE FOR CANVASSING BY
 HAND OR CENTRAL SCANNER. SUCH PREPARATION  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED  TO,  REVIEWING  THE  VOTER  HISTORY  RECORD  FOR EACH VOTER WHO
 SUBMITTED AN ABSENTEE BALLOT TO REFLECT ANY INSTANCE OF EARLY VOTING  BY
 SUCH  VOTERS,  OPENING  ABSENTEE  BALLOT AFFIRMATION ENVELOPES, REMOVING
 BALLOTS FROM ABSENTEE BALLOT AFFIRMATION  ENVELOPES,  STACKING  ABSENTEE
 BALLOTS,  AND  INSERTING  BALLOTS  INTO  A CENTRAL SCANNER OR OTHER VOTE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03358-02-1

 S. 1027                             2
 
 COUNTING DEVICE.  ANY BALLOTS PREPARED AND CANVASSED DURING THIS  PERIOD
 SHALL  BE  SECURED IN THE SAME MANNER AS VOTED BALLOTS CAST DURING EARLY
 VOTING OR ON ELECTION DAY.
   (C)  NO UNOFFICIAL TABULATIONS OF ELECTION RESULTS SHALL BE PRINTED OR
 VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE OF POLLS ON ELECTION  DAY  AT
 WHICH  TIME  SUCH  TABULATIONS  SHALL  BE  ADDED INTO THE ELECTION NIGHT
 CANVASS TOTALS.
   (D) BOARD OF ELECTIONS EMPLOYEES SHALL FOLLOW ALL RELEVANT  PROVISIONS
 OF  THIS  ARTICLE  FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
 RESULTS OF VOTING AND SECURING BALLOTS,  SCANNERS,  AND  OTHER  ELECTION
 MATERIALS.  SUCH  CANVASS  MAY  OCCUR  AT  THE  OFFICES  OF THE BOARD OF
 ELECTIONS, OR SUCH OTHER LOCATION DESIGNATED BY THE BOARD OF ELECTIONS.
   (E) IN CANVASSING SUCH BALLOTS,  THE  BOARD  SHALL  TAKE  ALL MEASURES
 NECESSARY TO ENSURE THE PRIVACY OF  VOTERS  AND  NON-PUBLIC  RELEASE  OF
 ELECTION  RESULTS  PRIOR  TO THE CLOSE OF POLLS ON ELECTION DAY.
   (F)  The  board may designate additional sets of poll clerks and if it
 designates more than one such set shall apportion among  all  such  sets
 the  election  districts  from  which  such  ballots have been received,
 provided that all such ballots from a single election district shall  be
 assigned  to  a  single  set  of clerks, and that each such set shall be
 divided equally between  representatives  of  the  two  major  political
 parties.  Each  such  set  of  clerks shall be deemed a central board of
 inspectors for purposes of this section.
   [(b)] (G) WATCHERS ARE ENTITLED TO BE PRESENT AT MEETINGS  RELATED  TO
 EXAMINING  ABSENTEE  BALLOT  ENVELOPES PRIOR TO THE DAY OF THE ELECTION;
 PROVIDED, HOWEVER, THAT ANY OBJECTION TO A BOARD  DETERMINATION  THAT  A
 BALLOT  ENVELOPE IS ELIGIBLE TO BE CANVASSED MUST BE MADE AT THE MEETING
 SUCH DETERMINATION IS MADE; AN  OBJECTION  SUBSEQUENT  TO  SUCH  MEETING
 SHALL  BE INVALID. At least five days prior to the time fixed for [such]
 A meeting TO EXAMINE OR CAST AND CANVASS ABSENTEE BALLOTS SUBSEQUENT  TO
 THE DAY OF THE ELECTION, the board shall send notice by first class mail
 to  each  candidate,  political  party, and independent body entitled to
 have had watchers present at the polls in any election district  in  the
 board's  jurisdiction.  Such notice shall state the time and place fixed
 by the board for such canvass.
   [(c)] (H) Each such candidate, political party, and  independent  body
 shall be entitled to appoint such number of watchers to attend upon each
 central board of inspectors as such candidate, political party, or inde-
 pendent  body  was  entitled  to  appoint  at  such  election in any one
 election district for which such central board of inspectors  is  desig-
 nated to act.
   §  2.  Section  9-209 of the election law is amended by adding two new
 subdivisions 4 and 5 to read as follows:
   4. IF THE BOARD OF ELECTIONS  MANUALLY  CANVASSES  BALLOTS,  IT  SHALL
 REVIEW  THE  BALLOT  TO  DETERMINE  ITS VALIDITY CONSISTENT WITH SECTION
 9-112 OF THIS ARTICLE.  IN CASES WHERE THE EXPRESS INTENT OF  THE  VOTER
 IS  UNAMBIGUOUS,  ANY  STRAY  MARKS  OR WRITING SHALL NOT BE A BASIS FOR
 VOIDING AN ABSENTEE BALLOT. IF THE ABSENTEE BALLOTS ARE TABULATED BY  AN
 OPTICAL  SCAN  VOTING SYSTEM, THEN A REVIEW OF THE ABSENTEE BALLOT SHALL
 NOT OCCUR.
   5. IF AN AFFIDAVIT BALLOT WAS CAST BY A VOTER ON THE DAY  OF  ELECTION
 AND  IT IS DETERMINED HE OR SHE SUBMITTED AN ABSENTEE BALLOT, SUCH AFFI-
 DAVIT SHALL BE LEFT ASIDE, UNOPENED.
   § 3. Clause (A) of subparagraph (i) of paragraph (a) of subdivision  2
 of  section  9-209 of the election law, as amended by chapter 308 of the
 laws of 2011, is amended to read as follows:

 S. 1027                             3
 
   (A) If a person whose name is on an envelope as a  voter  has  already
 voted in person at such election, or if his or her name and residence as
 stated  on  the  envelope  are not on a registration poll record, or the
 computer generated list of registered voters  or  the  list  of  special
 presidential  voters,  or if there is no name on the envelope, or if the
 envelope is not sealed, such envelope  shall  be  laid  aside  unopened;
 PROVIDED,  HOWEVER, THAT IF THE ENVELOPE IS NOT SEALED, SUCH VOTER SHALL
 RECEIVE NOTICE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION  THREE  OF  THIS
 SECTION.
   §  4.  Paragraph  c  of subdivision 3 of section 5-506 of the election
 law, as amended by section 6 of part XX of chapter 55  of  the  laws  of
 2019, is amended to read as follows:
   c. The computer generated registration list prepared for each election
 in  each  election district shall be prepared in a manner which meets or
 exceeds standards for clarity and speed of production established by the
 state board of elections, shall be in a form  approved  by  such  board,
 shall  include the names of all voters eligible to vote in such election
 and shall be in alphabetical order, except that, at a primary  election,
 the  names  of the voters enrolled in each political party may be placed
 in a separate part of the list or in a separate list, as  the  board  of
 elections  in  its  discretion,  may determine. Such list shall contain,
 adjacent to each voter's name, or in a space so designated, at least the
 following: street address, date of  birth,  party  enrollment,  year  of
 registration,  a  computer reproduced facsimile of the voter's signature
 or an indication that the voter is unable to sign his name, a place  for
 the  voter to sign his name at such election and a place for the inspec-
 tors to mark the voting machine number, the  public  counter  number  if
 any,  or  the  number  of  any paper ballots given the voter.  SUCH LIST
 SHALL ALSO INCLUDE A NOTATION INDICATING IF SUCH VOTER WAS  PROVIDED  AN
 ABSENTEE BALLOT FOR THE APPLICABLE ELECTION; PROVIDED HOWEVER SUCH NOTA-
 TION  SHALL  NOT  BE  REQUIRED  FOR ANY LIST BEING UTILIZED DURING EARLY
 VOTING. THE FORMAT FOR SUCH NOTATION SHALL BE PROMULGATED BY  THE  STATE
 BOARD OF ELECTIONS AND USED UNIFORMLY IN COMPUTER GENERATED REGISTRATION
 LISTS.
   § 5. Subdivision 1 of section 4-128 of the election law, as amended by
 section  2  of  part XX of chapter 55 of the laws of 2019, is amended to
 read as follows:
   1. The board of elections of each county shall provide  the  requisite
 number  of  official  and facsimile ballots, two cards of instruction to
 voters in the form prescribed by the state board of elections, at  least
 one  copy of the instruction booklet for inspectors, a sufficient number
 of maps, street finders or other descriptions  of  all  of  the  polling
 places  and election districts within the political subdivision in which
 the polling place is located to enable the election inspectors and  poll
 clerks  to determine the correct election district and polling place for
 each street address within the political subdivision in which the  poll-
 ing  place is located, distance markers, tally sheets and return blanks,
 pens, pencils, or other appropriate marking devices, envelopes  for  the
 ballots  of voters whose registration poll records are not in the ledger
 or whose names are not in  the  computer  generated  registration  list,
 ENVELOPES FOR THE ABSENTEE BALLOTS OF VOTERS WHO HAVE ELECTED TO VOTE BY
 MACHINE  TO  BE  VOIDED,  envelopes for returns, identification buttons,
 badges or emblems for the inspectors and clerks in the  form  prescribed
 by the state board of elections and such other articles of stationery as
 may be necessary for the proper conduct of elections, except that when a
 town,  city  or  village holds an election not conducted by the board of

 S. 1027                             4
 
 elections, the clerk of such town, city or village, shall  provide  such
 official  and  facsimile  ballots and the necessary blanks, supplies and
 stationery for such election.
   §  6.  Section  8-302 of the election law is amended by adding two new
 subdivisions 2-b and 3-d to read as follows:
   2-B. IF ON ELECTION DAY A  VOTER'S  NAME  APPEARS  IN  THE  LEDGER  OR
 COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION INDICATING THAT THE
 VOTER  WAS PROVIDED AN ABSENTEE BALLOT, SUCH VOTER SHALL BE PERMITTED TO
 CAST HIS OR HER VOTE ON THE VOTING MACHINE IF THE VOTER  SURRENDERS  HIS
 OR  HER  ABSENTEE  BALLOT AND AFFIRMATION OATH ENVELOPE TO THE INSPECTOR
 AND SUCH ABSENTEE BALLOT IS MARKED "VOTED IN PERSON" AND PLACED  BY  THE
 INSPECTOR IN AN ENVELOPE DESIGNATED FOR THIS PURPOSE.
   3-D.  IF  ON  ELECTION  DAY  A  VOTER'S  NAME APPEARS IN THE LEDGER OR
 COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION INDICATING THAT THE
 VOTER WAS PROVIDED AN ABSENTEE  BALLOT  AND  SUCH  VOTER  IS  UNABLE  TO
 SURRENDER  HIS  OR  HER BALLOT AND AFFIRMATION OATH ENVELOPE PURSUANT TO
 SUBDIVISION TWO-B OF THIS SECTION, SUCH VOTER SHALL ONLY BE ENTITLED  TO
 VOTE BY AFFIDAVIT BALLOT UNLESS A COURT ORDER PROVIDES OTHERWISE.
   §  7.  Section  16-106  of the election law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A. IN ORDER TO OBTAIN ANY ORDER FOR TEMPORARY OR PRELIMINARY INJUNC-
 TIVE RELIEF OR AN IMPOUND ORDER HALTING OR ALTERING  THE  CANVASSING  OF
 ABSENTEE  OR  AFFIDAVIT BALLOTS AS PROVIDED FOR IN SECTION 9-209 OF THIS
 CHAPTER, IN ADDITION TO THE CRITERIA IN ARTICLE SIXTY-THREE OF THE CIVIL
 PRACTICE LAW AND RULES, THE PETITIONER MUST SHOW, BY CLEAR AND  CONVINC-
 ING  EVIDENCE, THAT, BECAUSE OF PROCEDURAL IRREGULARITIES OR OTHER FACTS
 ARISING DURING THE ELECTION, THE PETITIONER WILL BE  IRREPARABLY  HARMED
 ABSENT  SUCH  RELIEF.    FOR  PURPOSES OF THIS SECTION, ALLEGATIONS THAT
 OPINION POLLS SHOW THAT AN ELECTION IS CLOSE  IS  INSUFFICIENT  TO  SHOW
 IRREPARABLE HARM TO A PETITIONER BY CLEAR AND CONVINCING EVIDENCE.
   §  8.  Section  16-102  of the election law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. IN ORDER TO OBTAIN ANY ORDER FOR TEMPORARY OR PRELIMINARY INJUNC-
 TIVE RELIEF OR AN IMPOUND ORDER HALTING OR ALTERING  THE  CANVASSING  OF
 ABSENTEE  OR  AFFIDAVIT BALLOTS AS PROVIDED FOR IN SECTION 9-209 OF THIS
 CHAPTER, IN ADDITION TO THE CRITERIA IN ARTICLE SIXTY-THREE OF THE CIVIL
 PRACTICE LAW AND RULES, THE PETITIONER MUST SHOW, BY CLEAR AND  CONVINC-
 ING  EVIDENCE, THAT, BECAUSE OF PROCEDURAL IRREGULARITIES OR OTHER FACTS
 ARISING DURING THE ELECTION, THE PETITIONER WILL BE  IRREPARABLY  HARMED
 ABSENT  SUCH  RELIEF.    FOR  PURPOSES OF THIS SECTION, ALLEGATIONS THAT
 OPINION POLLS SHOW THAT AN ELECTION IS CLOSE  IS  INSUFFICIENT  TO  SHOW
 IRREPARABLE HARM TO A PETITIONER BY CLEAR AND CONVINCING EVIDENCE.
   §  9.  Subdivision 5 of section 16-106 of the election law, as amended
 by chapter 359 of the laws of 1989, is amended to read as follows:
   5. A proceeding under subdivisions one and three of this section  must
 be  instituted  within  twenty  days  and  under subdivision two OF THIS
 SECTION, within thirty days after  the  election  or  alleged  erroneous
 statement  or  determination  was made, or the time when the board shall
 have acted in the particulars as to which it is claimed to  have  failed
 to  perform  its  duty,  except that such a proceeding with respect to a
 village election must be instituted within ten days after such election,
 statement, determination or action; PROVIDED, HOWEVER, THAT ANY PROCEED-
 ING SEEKING TO REVERSE A DETERMINATION OF  A  BOARD  OF  ELECTIONS  THAT
 RESULTS IN VALIDATING AN ABSENTEE BALLOT APPLICATION SHALL BE INSTITUTED
 WITHIN  TWO DAYS OF SUCH DETERMINATION, WITH THE VOTER IN QUESTION BEING
 NAMED AS A NECESSARY PARTY; PROVIDED FURTHER THAT ANY  PROCEEDING  CHAL-

 S. 1027                             5
 
 LENGING THE CANVASSING OF AN ABSENTEE BALLOT DUE TO AN ALLEGED DEFECT ON
 THE AFFIRMATION ENVELOPE MUST NAME THE VOTER AS A NECESSARY PARTY.
   §  10.  The  state  board of elections shall promulgate rules or regu-
 lations necessary for the implementation of these provisions  including,
 but  not be limited to, (i) ensuring that voters who submitted an absen-
 tee ballot and thereafter voted in person during the early voting period
 not have their absentee ballot  canvassed  in  the  election;  and  (ii)
 ballots  are  counted in an efficient and fair process that respects the
 privacy of the voter.
   § 11. Subdivision 20 of section 17-130 of the election law is  amended
 to read as follows:
   20.  Intentionally  opens an absentee voter's envelope or examines the
 contents thereof after the receipt of  the  envelope  by  the  board  of
 elections  and  before  the close of the polls at the election EXCEPT AS
 PROVIDED FOR IN SECTION 9-209 OF THIS CHAPTER; or,
   § 12. This act shall take effect on the ninetieth day after  it  shall
 have become a law.

Co-Sponsors

view additional co-sponsors

S1027A (ACTIVE) - Details

See Assembly Version of this Bill:: A7931
Law Section:: Election Law
Laws Affected:: Rpld & add §9-209, amd §§9-211, 7-122, 8-302, 16-106, 17-126 & 17-130, El L
Versions Introduced in 2019-2020 Legislative Session:: S9089

S1027A (ACTIVE) - Summary

Relates to the canvassing of absentee, military and special ballots and ballots cast in affidavit envelopes.

S1027A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1027A       REVISED 06/08/2021

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the election law, in relation to the canvassing of
absentee, military and special ballots and ballots cast in affidavit
envelopes; and to repeal certain provisions of such law related thereto

 
PURPOSE:

This bill amends the Election Law to change the process for canvassing
absentee, military, special and affidavit ballots in order to obtain the
results of an election in a more expedited manner and to assure that
every valid vote by a qualified voter is counted. It also amends various
other sections of the Election Law to conform to the new canvassing
process.

 
SUMMARY OF PROVISIONS:

Section one repeals section 9-209 of the election law and replaces it

with a new section 9-209. This section sets forth specific processes for
the canvassing of absentee, special, military and affidavit ballots.
These processes include the timeframe during which ballots shall be
reviewed and the way in which they shall be reviewed. When ballots (not
including affidavit ballots) are received, they will be reviewed within
4 days and will be assigned to 1 of 3 statutorily defined categories:
valid, defective but curable, and invalid. If the ballot is deemed
valid, the ballot is processed by opening the envelope, unfolding the
ballot and stacking the ballot face down in a secure box or envelope.
The statute specifically defines what type of defect does not need to be
cured for the ballot to be valid. If the commissioners or their desig-
nees "split" on the question of validity, a presumption of validity
applies in favor of the voter and the ballot is processed for canvass-
ing. Valid ballots will be scanned on the day before the first day of
early voting and again on the last day of early voting. Results will be
tabulated beginning at 8:00 p.m.  on election night. If the ballot has a
defect that is curable, as defined in the statute, the voter gets notice
and a chance to cure the defect. If the ballot is invalid, as defined in
the statute, the ballot is set aside for post-election review by the
board and the candidates. The post-election reviews of ballots shall
occur within four business days of the election.

Post-election review and canvassing of affidavit ballots shall also
occur within four business days of the election and the statute makes
clear when affidavit ballots should be counted despite minor technical
defects on the affidavit ballot envelope. The board would canvass the
valid affidavit ballots. It would also give an affidavit ballot voter an
opportunity to cure any question regarding the voter's signature on the
envelope. Voters will be able to verify whether their affidavit ballot
was counted with the tracking system established for absentee, military
and special ballots. Within 4 days of the election, the board would meet
to review all invalid absentee, military, special and affidavit ballots
with the candidates, who would then have the option of seeking a court
order directing the opening of additional ballots. In such a proceeding,
the court would be unable to change the process outlined in the new
statute and may only change the schedule if a candidate shows by clear
and convincing evidence that because of procedural irregularities or

other facts he or she will be irreparably harmed absent such relief. No
ballot already counted could be uncounted by a court.

Section two amends Election Law § 9-211 to require that a central count
ballot scanner be audited with ballots from 3 percent of election
districts within 3 days of the election and that a similar supplemental
audit be done of all ballots received after the initial audit.

Section three amends Election Law § 7-122 to require a box labeled "BOE
use only" on affirmation ballot envelopes for use in the review of
ballot envelopes pursuant to section 9-209.

Section four amends Election Law § 8-302 to provide that if a voter's
name appears on the registration list with a notation indicating the
board of elections has issued an absentee, military or special ballot,
the voter may not vote on a voting machine but may vote by affidavit
ballot.

Section five amends Election Law § 16-106 to authorize a challenge to
the board of election's refusal to cast a ballot in the supreme or coun-
ty court and to prohibit such court from changing the process or sched-
ule contained in Election Law § 9-209.

Section six amends Election Law § 17-126 to create an exception to a
potential misdemeanor charge for unfolding a ballot before the closing
of the polls when processing a ballot pursuant to Election Law § 9-209.

Section seven amends Election Law § 17-130 to create an exception to a
potential misdemeanor charge for unfolding a ballot before the closing
of the polls when processing a ballot pursuant to Election Law § 9-209.

Section eight is the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

During the 2020 election, when vastly more absentee ballots were used by
voters because of the COVID-19 pandemic, the election results were
significantly delayed in many races due to the current canvassing proc-
ess and schedule. The law passed last year will once again allow voters
to cite COVID-19 as a reason to use an absentee ballot in this year's
election.

The purpose of the bill is to speed up the counting of absentee, mili-
tary, special and affidavit ballots to prevent the long delay in
election results that occurred in the 2020 election and to obtain
election results earlier than the current law requires. To do so, the
bill would require the boards of elections to review absentee, military
and special ballots on a rolling basis as they are received prior to,
during and after the election.

In order to promote quicker election results, the enacted law would also
require all central count ballot scanners to be audited within 3 days of
the election and it would prohibit a court from changing the process for
canvassing ballots, a common occurrence during litigation that delays
election results. Any scheduling changes would require a clear and
convincing showing by a candidate.
A second purpose of the bill is to remove the minor technical mistakes
that voters make, which currently can render ballots invalid, so that
every qualified voter's ballot is counted. It does so by defining, in
statute, what renders a bill invalid, defective but curable, or valid
and not needing a cure. If the board of elections commissioners or their
designees "split" on the question of validity, a presumption of validity
applies in favor of the voter and the ballot is processed for canvass-
ing.

This bill continues the extensive reform of the election law that has
occurred over the last two years to make a more liberalized use of
absentee ballots by voters feasible in the future without unduly delay-
ing election results.

 
LEGISLATIVE HISTORY:

Died in Rules/Died in Election Law (Assembly)

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect January 1, 2022 and shall apply to elections
held on or after such date; provided, however, that paragraph (h) of
subdivision 7 of section 9-209 of the election law, shall take effect
January 1, 2023.

S1027A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1027--A
     Cal. No. 8
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  GIANARIS, BAILEY, BIAGGI, BRESLIN, BROUK, COMRIE,
   GAUGHRAN, HINCHEY, HOYLMAN, JACKSON, KAPLAN, KAVANAGH, KENNEDY,  MANN-
   ION,  MAY,  MAYER,  PARKER, REICHLIN-MELNICK, RIVERA, SANDERS, SAVINO,
   SERRANO, STAVISKY -- read twice and ordered printed, and when  printed
   to  be  committed  to the Committee on Elections -- reported favorably
   from said committee  and  committed  to  the  Committee  on  Rules  --
   reported  favorably  from  said committee, ordered to a third reading,
   passed by Senate and delivered to the Assembly, recalled, vote  recon-
   sidered,  restored  to  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  the  canvassing  of
   absentee,  military  and special ballots and ballots cast in affidavit
   envelopes; and to repeal certain provisions of such law related there-
   to
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  9-209  of the election law is REPEALED and a new
 section 9-209 is added to read as follows:
   § 9-209. CANVASS  OF  ABSENTEE,  MILITARY  AND  SPECIAL  BALLOTS,  AND
 BALLOTS  CAST  IN  AFFIDAVIT ENVELOPES. BEFORE COMPLETING THE CANVASS OF
 VOTES CAST IN ANY PRIMARY, GENERAL, SPECIAL, OR OTHER ELECTION AT  WHICH
 VOTERS  ARE  REQUIRED  TO  SIGN  THEIR  REGISTRATION POLL RECORDS BEFORE
 VOTING, THE BOARD OF ELECTIONS SHALL PROCEED IN THE  MANNER  HEREINAFTER
 PRESCRIBED  TO  REVIEW, CAST AND CANVASS ANY ABSENTEE, MILITARY, SPECIAL
 PRESIDENTIAL, SPECIAL FEDERAL OR OTHER SPECIAL BALLOTS AND  ANY  BALLOTS
 CAST  IN  AFFIDAVIT ENVELOPES. EACH SUCH BALLOT SHALL BE RETAINED IN THE
 ORIGINAL ENVELOPE CONTAINING THE VOTER'S  AFFIDAVIT  AND  SIGNATURE,  IN
 WHICH IT IS DELIVERED TO THE BOARD OF ELECTIONS UNTIL SUCH TIME AS IT IS
 TO BE REVIEWED, IN ORDER TO BE CAST AND CANVASSED.
   1.  CENTRAL BOARD OF CANVASSERS. WITHIN FOUR DAYS OF THE RECEIPT OF AN
 ABSENTEE, MILITARY OR SPECIAL  BALLOT,  THE  BOARD  OF  ELECTIONS  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03358-04-1

 S. 1027--A                          2
 
 DESIGNATE  ITSELF  OR SUCH OF ITS EMPLOYEES AS IT SHALL DEEM APPROPRIATE
 AS A SET OF POLL CLERKS TO REVIEW SUCH BALLOT ENVELOPES. THE  BOARD  MAY
 DESIGNATE  ADDITIONAL SETS OF POLL CLERKS AND IF IT DESIGNATES MORE THAN
 ONE  SUCH SET SHALL APPORTION AMONG ALL SUCH SETS THE ELECTION DISTRICTS
 FROM WHICH SUCH BALLOTS HAVE BEEN RECEIVED, PROVIDED THAT WHEN REVIEWING
 BALLOTS, ALL BALLOTS FROM A SINGLE ELECTION DISTRICT SHALL  BE  ASSIGNED
 TO  A  SINGLE  SET  OF  CLERKS,  AND THAT EACH SUCH SET SHALL BE DIVIDED
 EQUALLY BETWEEN REPRESENTATIVES OF THE TWO MAJOR POLITICAL PARTIES. EACH
 SUCH SET OF CLERKS SHALL BE DEEMED A CENTRAL  BOARD  OF  CANVASSERS  FOR
 PURPOSES OF THIS SECTION.
   2.  REVIEW OF ABSENTEE, MILITARY AND SPECIAL BALLOT ENVELOPES.  WITHIN
 FOUR DAYS OF THE RECEIPT OF AN  ABSENTEE,  MILITARY  OR  SPECIAL  BALLOT
 BEFORE  THE  ELECTION,  AND  WITHIN  ONE  DAY OF RECEIPT ON OR AFTER THE
 ELECTION, EACH CENTRAL BOARD OF  CANVASSERS  SHALL  EXAMINE  THE  BALLOT
 AFFIRMATION ENVELOPES AS NEARLY AS PRACTICABLE IN THE FOLLOWING MANNER:
   (A)  IF  A PERSON WHOSE NAME IS ON A BALLOT ENVELOPE AS A VOTER IS NOT
 ON A REGISTRATION POLL RECORD, THE COMPUTER-GENERATED LIST OF REGISTERED
 VOTERS OR THE LIST OF SPECIAL PRESIDENTIAL VOTERS, OR  IF  THERE  IS  NO
 NAME  ON  THE  BALLOT ENVELOPE, OR IF THE BALLOT ENVELOPE WAS NOT TIMELY
 POSTMARKED  OR  RECEIVED,  OR  IF  THE  BALLOT  ENVELOPE  IS  COMPLETELY
 UNSEALED,  SUCH  BALLOT  ENVELOPE SHALL BE SET ASIDE UNOPENED FOR REVIEW
 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION WITH A  RELEVANT  NOTATION
 INDICATED  ON  THE  BALLOT  ENVELOPE  NOTWITHSTANDING  A SPLIT AMONG THE
 CENTRAL BOARD  OF  CANVASSERS  AS  TO  THE  INVALIDITY  OF  THE  BALLOT;
 PROVIDED,  HOWEVER,  IF THE BALLOT ENVELOPE IS COMPLETELY UNSEALED, SUCH
 VOTER SHALL RECEIVE NOTICE PURSUANT  TO  PARAGRAPH  (H)  OF  SUBDIVISION
 THREE OF THIS SECTION.
   (B)  IF  THERE IS MORE THAN ONE TIMELY BALLOT ENVELOPE EXECUTED BY THE
 SAME VOTER, THE ONE  BEARING  THE  LATER  DATE  OF  EXECUTION  SHALL  BE
 ACCEPTED AND THE OTHER REJECTED. IF IT CANNOT BE DETERMINED WHICH BALLOT
 ENVELOPE  BEARS  THE LATER DATE, THEN ALL SUCH BALLOT ENVELOPES SHALL BE
 REJECTED. WHEN THE BOARD OF ELECTIONS HAS  ISSUED  A  SECOND  BALLOT  IT
 SHALL  SET  ASIDE THE FIRST BALLOT UNOPENED TO PROVIDE THE VOTER TIME TO
 RETURN THE SECOND BALLOT.  NOTWITHSTANDING THE FOREGOING,  IF  A  BALLOT
 ENVELOPE FOR A VOTER WAS PREVIOUSLY REVIEWED AND OPENED, THEN THE SUBSE-
 QUENTLY RECEIVED BALLOT ENVELOPE SHALL BE SET ASIDE UNOPENED.
   (C)  IF  SUCH  PERSON  IS FOUND TO BE REGISTERED, THE CENTRAL BOARD OF
 CANVASSERS SHALL COMPARE THE SIGNATURE, IF ANY, ON EACH BALLOT  ENVELOPE
 WITH  THE SIGNATURE, IF ANY, ON THE REGISTRATION POLL RECORD, THE COMPU-
 TER-GENERATED LIST OF REGISTERED VOTERS, OR THE LIST OF  SPECIAL  PRESI-
 DENTIAL  VOTERS,  OF THE PERSON OF THE SAME NAME WHO REGISTERED FROM THE
 SAME ADDRESS. IF THE SIGNATURES ARE FOUND TO  CORRESPOND,  SUCH  CENTRAL
 BOARD  OF  CANVASSERS  SHALL CERTIFY THERETO IN A MANNER PROVIDED BY THE
 STATE BOARD OF ELECTIONS.
   (D) IF SUCH PERSON IS FOUND TO  BE  REGISTERED  AND  HAS  REQUESTED  A
 BALLOT, THE BALLOT ENVELOPE SHALL BE OPENED, THE BALLOT OR BALLOTS WITH-
 DRAWN,  UNFOLDED, STACKED FACE DOWN AND DEPOSITED IN A SECURE BALLOT BOX
 OR ENVELOPE. UPON SUCH PROCESSING OF  THE  BALLOT,  THE  VOTER'S  RECORD
 SHALL  BE  UPDATED  WITH  A  NOTATION  THAT INDICATES THAT THE VOTER HAS
 ALREADY VOTED IN SUCH ELECTION.  THE  BOARD  OF  ELECTIONS  SHALL  ADOPT
 PROCEDURES, CONSISTENT WITH REGULATIONS OF THE STATE BOARD OF ELECTIONS,
 TO  PREVENT  VOTERS FROM VOTING MORE THAN ONCE AND TO SECURE BALLOTS AND
 PREVENT PUBLIC RELEASE OF ELECTION RESULTS PRIOR TO ELECTION  DAY.  SUCH
 PROCEDURES  SHALL  BE  FILED  WITH THE STATE BOARD OF ELECTIONS AT LEAST
 NINETY DAYS BEFORE THEY SHALL BE EFFECTIVE.

 S. 1027--A                          3

   (E) IN THE CASE OF A PRIMARY ELECTION, THE BALLOT SHALL  BE  DEPOSITED
 IN  THE  BOX  ONLY IF THE BALLOT IS OF THE PARTY WITH WHICH THE VOTER IS
 ENROLLED ACCORDING TO THE ENTRY ON THE BACK OF HIS OR  HER  REGISTRATION
 POLL  RECORD OR IN THE COMPUTER-GENERATED REGISTRATION LIST; IF NOT, THE
 BALLOT  SHALL  BE  REJECTED WITHOUT INSPECTION OR UNFOLDING AND SHALL BE
 RETURNED TO THE BALLOT ENVELOPE WHICH SHALL BE ENDORSED "NOT ENROLLED".
   (F) IF THE CENTRAL BOARD OF CANVASSERS DETERMINES THAT  A  PERSON  WAS
 ENTITLED  TO  VOTE  AT  SUCH ELECTION IT SHALL PREPARE SUCH BALLOT TO BE
 STACKED FACE DOWN AND DEPOSITED IN  A  SECURE  BALLOT  BOX  OR  ENVELOPE
 CONSISTENT  WITH  PARAGRAPH  (D) OF THIS SUBDIVISION IF SUCH BOARD FINDS
 THAT MINISTERIAL ERROR BY THE BOARD OF ELECTIONS OR ANY OF ITS EMPLOYEES
 CAUSED SUCH BALLOT ENVELOPE NOT TO BE VALID ON ITS FACE.
   (G) IF THE CENTRAL BOARD OF CANVASSERS SPLITS AS TO WHETHER  A  BALLOT
 IS VALID, IT SHALL PREPARE SUCH BALLOT TO BE CAST AND CANVASSED PURSUANT
 TO THIS SUBDIVISION.
   (H) AS EACH BALLOT ENVELOPE IS OPENED, IF ONE OR MORE OF THE DIFFERENT
 KINDS  OF BALLOTS TO BE VOTED AT THE ELECTION ARE NOT FOUND THEREIN, THE
 CENTRAL BOARD OF CANVASSERS, SHALL MAKE A MEMORANDUM SHOWING WHAT BALLOT
 OR BALLOTS ARE MISSING. IF A BALLOT ENVELOPE SHALL CONTAIN MORE THAN ONE
 BALLOT FOR THE SAME OFFICES, ALL THE BALLOTS  IN  SUCH  BALLOT  ENVELOPE
 SHALL  BE  REJECTED.  WHEN  THE  REVIEW  OF SUCH BALLOTS SHALL HAVE BEEN
 COMPLETED, THE CENTRAL BOARD OF CANVASSERS SHALL ASCERTAIN THE NUMBER OF
 SUCH BALLOTS OF EACH KIND WHICH HAVE BEEN DEPOSITED IN THE BALLOT BOX BY
 DEDUCTING FROM THE NUMBER OF BALLOT ENVELOPES OPENED WITH THE NUMBER  OF
 MISSING  BALLOTS, AND SHALL MAKE A RETURN THEREOF. THE NUMBER OF VOTERS'
 BALLOTS DEPOSITED IN THE BALLOT BOX SHALL BE  ADDED  TO  THE  NUMBER  OF
 OTHER  BALLOTS  DEPOSITED  IN  THE BALLOT BOX, IN ORDER TO DETERMINE THE
 NUMBER OF ALL BALLOTS OF EACH KIND TO BE ACCOUNTED  FOR  IN  THE  BALLOT
 BOX.
   3.  CURING BALLOTS.   (A) AT THE TIME A BALLOT AFFIRMATION ENVELOPE IS
 REVIEWED PURSUANT TO SUBDIVISION TWO  OF  THIS  SECTION,  THE  BOARD  OF
 ELECTIONS SHALL DETERMINE WHETHER IT HAS A CURABLE DEFECT.
   (B) A CURABLE DEFECT INCLUDES INSTANCES WHERE THE BALLOT ENVELOPE: (I)
 IS UNSIGNED; (II) HAS A SIGNATURE THAT DOES NOT CORRESPOND TO THE REGIS-
 TRATION  SIGNATURE;  (III)  HAS  NO  REQUIRED WITNESS TO A MARK; (IV) IS
 RETURNED WITHOUT A BALLOT AFFIRMATION ENVELOPE IN THE  RETURN  ENVELOPE;
 (V)  HAS A BALLOT AFFIRMATION ENVELOPE THAT IS SIGNED BY THE PERSON THAT
 HAS PROVIDED ASSISTANCE TO THE VOTER BUT IS NOT SIGNED OR MARKED BY  THE
 VOTER;  OR  (VI)  CONTAINS THE SIGNATURE OF SOMEONE OTHER THAN THE VOTER
 AND NOT OF THE VOTER.
   (C) THE BOARD SHALL INDICATE THE ISSUE  THAT  MUST  BE  CURED  ON  THE
 BALLOT  ENVELOPE  AND, WITHIN ONE DAY OF SUCH DETERMINATION, SEND TO THE
 VOTER'S ADDRESS INDICATED IN THE REGISTRATION RECORDS AND, IF DIFFERENT,
 THE MAILING ADDRESS  INDICATED  ON  THE  BALLOT  APPLICATION,  A  NOTICE
 EXPLAINING  THE  REASON FOR SUCH REJECTION AND THE PROCEDURE TO CURE THE
 REJECTION. THE BOARD SHALL ALSO CONTACT THE VOTER BY  EITHER  ELECTRONIC
 MAIL  OR TELEPHONE, IF SUCH INFORMATION IS AVAILABLE TO THE BOARD IN THE
 VOTER'S REGISTRATION INFORMATION, IN ORDER TO NOTIFY THE  VOTER  OF  THE
 DEFICIENCY AND THE OPPORTUNITY AND THE PROCESS TO CURE THE DEFICIENCY.
   (D)  THE  VOTER MAY CURE THE AFORESAID DEFECTS BY FILING A DULY SIGNED
 AFFIRMATION ATTESTING TO THE SAME INFORMATION  REQUIRED  BY  THE  BALLOT
 AFFIRMATION ENVELOPE AND ATTESTING THAT THE SIGNER OF THE AFFIRMATION IS
 THE  SAME  PERSON  WHO  SUBMITTED  SUCH BALLOT ENVELOPE. THE BOARD SHALL
 INCLUDE A FORM OF SUCH AFFIRMATION WITH THE NOTICE  TO  THE  VOTER.  THE
 AFFIRMATION  SHALL  BE  IN  A  FORM  PRESCRIBED  BY  THE  STATE BOARD OF
 ELECTIONS.

 S. 1027--A                          4
 
   (E) SUCH CURE AFFIRMATION SHALL BE FILED WITH THE BOARD NO LATER  THAN
 SEVEN  BUSINESS DAYS AFTER THE BOARD'S MAILING OF SUCH CURABLE REJECTION
 NOTICE OR THE DAY BEFORE THE ELECTION, WHICHEVER IS LATER. PROVIDED  THE
 BOARD DETERMINES THAT SUCH AFFIRMATION ADDRESSES THE CURABLE DEFECT, THE
 REJECTED BALLOT SHALL BE REINSTATED AND PREPARED FOR CANVASSING PURSUANT
 TO  SUBDIVISION  TWO OF THIS SECTION. IF THE BOARD OF ELECTIONS IS SPLIT
 AS TO THE SUFFICIENCY OF THE CURE AFFIRMATION, SUCH  ENVELOPE  SHALL  BE
 PREPARED  FOR CANVASSING PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF
 THIS SECTION.
   (F) IF THE BALLOT ENVELOPE CONTAINS ONE OR MORE CURABLE  DEFECTS  THAT
 HAVE  NOT  BEEN TIMELY CURED, THE BALLOT ENVELOPE SHALL BE SET ASIDE FOR
 REVIEW PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION.
   (G) BALLOT ENVELOPES ARE NOT INVALID AND DO NOT REQUIRE A CURE IF: (I)
 A BALLOT ENVELOPE IS UNDATED OR HAS THE WRONG DATE, PROVIDED IT IS POST-
 MARKED ON OR PRIOR TO ELECTION DAY OR IS OTHERWISE  RECEIVED  TIMELY  BY
 THE  BOARD  OF  ELECTIONS;  (II)  THE  VOTER SIGNED OR MARKED THE BALLOT
 AFFIRMATION ENVELOPE AT A PLACE ON THE ENVELOPE OTHER  THAN  THE  DESIG-
 NATED  SIGNATURE  LINE;  (III) A VOTER USED A COMBINATION OF INK (OF ANY
 COLOR) OR PENCIL TO COMPLETE THE BALLOT ENVELOPE; (IV) PAPERS  FOUND  IN
 THE  BALLOT  ENVELOPE  WITH  THE  BALLOT ARE MATERIALS FROM THE BOARD OF
 ELECTIONS, SUCH AS INSTRUCTIONS OR AN APPLICATION SENT BY THE  BOARD  OF
 ELECTIONS;  (V) AN EXTRINSIC MARK OR TEAR ON THE BALLOT ENVELOPE APPEARS
 TO BE THERE AS A RESULT OF THE ORDINARY COURSE OF MAILING  OR  TRANSMIT-
 TAL;  OR  (VI) THE BALLOT ENVELOPE IS PARTIALLY UNSEALED BUT THERE IS NO
 ABILITY TO ACCESS THE BALLOT.
   (H) WHEN THE BOARD  OF  ELECTIONS  INVALIDATES  A  BALLOT  AFFIRMATION
 ENVELOPE AND THE DEFECT IS NOT CURABLE, THE BALLOT ENVELOPE SHALL BE SET
 ASIDE  FOR  REVIEW PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION AND THE
 BOARD SHALL NOTIFY THE VOTER BY MAIL, SENT WITHIN THREE BUSINESS DAYS OF
 SUCH REJECTION, AND BY EITHER ELECTRONIC  MAIL  OR  TELEPHONE,  IF  SUCH
 INFORMATION IS AVAILABLE TO THE BOARD IN THE VOTER'S REGISTRATION INFOR-
 MATION,  AND  NOTIFY THE VOTER OF OTHER OPTIONS FOR VOTING, AND, IF TIME
 PERMITS, PROVIDE THE VOTER WITH A NEW BALLOT.
   (I) IF A BALLOT AFFIRMATION ENVELOPE  IS  RECEIVED  BY  THE  BOARD  OF
 ELECTIONS  PRIOR  TO THE ELECTION AND IS FOUND TO BE COMPLETELY UNSEALED
 AND THUS INVALID, THE BOARD SHALL NOTIFY THE VOTER BY MAIL, SENT  WITHIN
 THREE BUSINESS DAYS OF SUCH DETERMINATION, AND BY EITHER ELECTRONIC MAIL
 OR  TELEPHONE,  IF  SUCH  INFORMATION  IS  AVAILABLE TO THE BOARD IN THE
 VOTER'S REGISTRATION INFORMATION, AND NOTIFY THE VOTER OF OTHER  OPTIONS
 FOR VOTING, AND, IF TIME PERMITS, PROVIDE THE VOTER WITH A NEW BALLOT.
   4.  REVIEW  OF  FEDERAL  WRITE-IN ABSENTEE BALLOTS.   (A) SUCH CENTRAL
 BOARD OF CANVASSERS SHALL REVIEW ANY FEDERAL WRITE-IN  ABSENTEE  BALLOTS
 VALIDLY CAST BY AN ABSENTEE VOTER, A MILITARY VOTER OR A SPECIAL FEDERAL
 VOTER  FOR  THE  OFFICES  OF PRESIDENT AND VICE-PRESIDENT, UNITED STATES
 SENATOR AND REPRESENTATIVE IN CONGRESS.  SUCH CENTRAL BOARD  OF  CANVAS-
 SERS  SHALL  ALSO  REVIEW  ANY FEDERAL WRITE-IN ABSENTEE BALLOTS VALIDLY
 CAST BY A MILITARY VOTER FOR ALL QUESTIONS OR PROPOSALS, PUBLIC  OFFICES
 OR  PARTY  POSITIONS FOR WHICH A MILITARY VOTER IS OTHERWISE ELIGIBLE TO
 VOTE AS PROVIDED IN SECTION 10-104 OF THIS CHAPTER.
   (B) FEDERAL WRITE-IN ABSENTEE BALLOTS SHALL BE DEEMED VALID  ONLY  IF:
 (I)  AN  APPLICATION FOR AN ABSENTEE, MILITARY OR SPECIAL FEDERAL BALLOT
 WAS RECEIVED FROM THE ABSENTEE, MILITARY OR SPECIAL FEDERAL VOTER;  (II)
 THE  FEDERAL  WRITE-IN  ABSENTEE  BALLOT  WAS  SUBMITTED  FROM INSIDE OR
 OUTSIDE THE UNITED STATES BY A MILITARY  VOTER  OR  WAS  SUBMITTED  FROM
 OUTSIDE  THE UNITED STATES BY A SPECIAL FEDERAL VOTER; (III) SUCH BALLOT
 IS RECEIVED BY THE BOARD OF  ELECTIONS  NOT  LATER  THAN  THIRTEEN  DAYS

 S. 1027--A                          5
 
 FOLLOWING  THE  DAY  OF ELECTION OR SEVEN DAYS AFTER A PRIMARY ELECTION;
 AND (IV) THE ABSENTEE, MILITARY OR SPECIAL FEDERAL BALLOT WHICH WAS SENT
 TO THE VOTER IS NOT RECEIVED BY THE BOARD OF ELECTIONS BY THE THIRTEENTH
 DAY  FOLLOWING  THE  DAY OF A GENERAL OR SPECIAL ELECTION OR THE SEVENTH
 DAY AFTER A PRIMARY ELECTION.
   (C) IF SUCH A FEDERAL  WRITE-IN  ABSENTEE  BALLOT  IS  RECEIVED  AFTER
 ELECTION  DAY,  THE ENVELOPE IN WHICH IT IS RECEIVED MUST CONTAIN: (I) A
 CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE OR A FOREIGN COUN-
 TRY'S POSTAL SERVICE; (II) A DATED ENDORSEMENT  OF  RECEIPT  BY  ANOTHER
 AGENCY  OF  THE UNITED STATES GOVERNMENT; OR (III) IF CAST BY A MILITARY
 VOTER, THE SIGNATURE AND DATE OF THE VOTER AND ONE WITNESS THERETO  WITH
 A  DATE  WHICH  IS  ASCERTAINED  TO  BE  NOT  LATER  THAN THE DAY OF THE
 ELECTION.
   (D) IF SUCH A FEDERAL WRITE-IN ABSENTEE BALLOT CONTAINS THE NAME OF  A
 PERSON  OR PERSONS IN THE SPACE PROVIDED FOR A VOTE FOR ANY OFFICE, SUCH
 BALLOT SHALL BE COUNTED AS A VOTE FOR SUCH PERSON OR PERSONS. A VOTE FOR
 A PERSON WHO IS THE CANDIDATE OF A PARTY OR INDEPENDENT BODY EITHER  FOR
 PRESIDENT  OR  VICE-PRESIDENT  SHALL BE DEEMED TO BE A VOTE FOR BOTH THE
 CANDIDATES OF SUCH PARTY OR INDEPENDENT BODY FOR SUCH OFFICES. IF SUCH A
 BALLOT CONTAINS THE NAME OF A PARTY OR INDEPENDENT  BODY  IN  THE  SPACE
 PROVIDED  FOR A VOTE FOR ANY OFFICE, SUCH BALLOT SHALL BE DEEMED TO BE A
 VOTE FOR THE CANDIDATE OR CANDIDATES, IF ANY, OF SUCH PARTY OR INDEPEND-
 ENT BODY FOR SUCH OFFICE. IN THE CASE OF THE OFFICES  OF  PRESIDENT  AND
 VICE-PRESIDENT  A VOTE CAST FOR A CANDIDATE, EITHER DIRECTLY OR BY WRIT-
 ING IN THE NAME OF A PARTY OR INDEPENDENT BODY, SHALL ALSO BE DEEMED  TO
 BE  VOTES  FOR THE ELECTORS SUPPORTING SUCH CANDIDATE. ANY ABBREVIATION,
 MISSPELLING OR OTHER MINOR VARIATION IN THE FORM OF THE NAME OF A CANDI-
 DATE OR A PARTY OR INDEPENDENT BODY SHALL BE DISREGARDED IN  DETERMINING
 THE VALIDITY OF THE BALLOT, IF THE VOTER'S INTENTION CAN BE ASCERTAINED.
   5.  NOTHING IN THIS SECTION PROHIBITS A REPRESENTATIVE OF A CANDIDATE,
 POLITICAL PARTY, OR INDEPENDENT BODY ENTITLED TO HAVE  WATCHERS  PRESENT
 AT  THE  POLLS IN ANY ELECTION DISTRICT IN THE BOARD'S JURISDICTION FROM
 OBSERVING, WITHOUT OBJECTION, THE REVIEW OF BALLOT ENVELOPES REQUIRED BY
 SUBDIVISIONS TWO, THREE AND FOUR OF THIS SECTION.
   6. CASTING AND CANVASSING OF ABSENTEE, MILITARY AND  SPECIAL  BALLOTS.
 (A)  THE  FOLLOWING PROVISIONS SHALL APPLY TO THE CASTING AND CANVASSING
 OF ALL VALID BALLOTS RECEIVED BEFORE,  ON  OR  AFTER  ELECTION  DAY  AND
 REVIEWED  AND  PREPARED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AND
 ALL OTHER PROVISIONS  OF  THIS  CHAPTER  WITH  RESPECT  TO  CASTING  AND
 CANVASSING SUCH BALLOTS WHICH ARE NOT INCONSISTENT WITH THIS SUBDIVISION
 SHALL BE APPLICABLE TO SUCH BALLOTS.
   (B) THE DAY BEFORE THE FIRST DAY OF EARLY VOTING, THE CENTRAL BOARD OF
 CANVASSERS SHALL SCAN ALL VALID BALLOTS PREVIOUSLY REVIEWED AND PREPARED
 PURSUANT  TO  THIS  SECTION  AS  NEARLY  AS PRACTICABLE IN THE FOLLOWING
 MANNER:
   (I) SUCH BALLOTS MAY BE SEPARATED INTO SECTIONS BEFORE BEING PLACED IN
 THE COUNTING MACHINE AND SCANNED;
   (II) UPON COMPLETION OF THE SCANNING OF SUCH VALID BALLOTS, THE  SCAN-
 NERS  USED  FOR  SUCH PURPOSE SHALL BE SECURED, AND NO TABULATION OF THE
 RESULTS SHALL OCCUR UNTIL ONE HOUR BEFORE THE  CLOSE  OF  THE  POLLS  ON
 ELECTION  DAY.   ANY BALLOTS SCANNED DURING THIS PERIOD SHALL BE SECURED
 IN THE SAME MANNER AS VOTED BALLOTS  CAST  DURING  EARLY  VOTING  OR  ON
 ELECTION  DAY.  THE BOARD OF ELECTIONS SHALL ADOPT PROCEDURES TO PREVENT
 THE PUBLIC RELEASE OF ELECTION RESULTS PRIOR TO THE CLOSE  OF  POLLS  ON
 ELECTION  DAY  AND  SUCH  PROCEDURES  SHALL BE CONSISTENT WITH THE REGU-
 LATIONS OF THE STATE BOARD OF ELECTIONS AND  SHALL  BE  FILED  WITH  THE

 S. 1027--A                          6
 
 STATE  BOARD  OF  ELECTIONS  AT  LEAST  NINETY DAYS BEFORE THEY SHALL BE
 EFFECTIVE;
   (III) ANY VALID BALLOTS THAT CANNOT BE CAST ON A SCANNER SHALL BE HELD
 INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
 OF  POLLS  ON  ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL BE EXAMINED AND
 CANVASSED IN A MANNER CONSISTENT WITH SUBDIVISION TWO OF  SECTION  9-110
 OF THIS ARTICLE.
   (C)  AFTER THE CLOSE OF THE POLLS ON THE LAST DAY OF EARLY VOTING, THE
 CENTRAL BOARD OF CANVASSERS SHALL SCAN ALL VALID  BALLOTS  RECEIVED  AND
 PREPARED PURSUANT TO THIS SECTION, AND NOT PREVIOUSLY SCANNED ON THE DAY
 BEFORE  THE FIRST DAY OF EARLY VOTING, IN THE SAME MANNER AS PROVIDED IN
 PARAGRAPH (B) OF THIS SUBDIVISION USING THE SAME OR DIFFERENT SCANNERS.
   (D) IN CASTING AND CANVASSING SUCH BALLOTS, THE BOARD SHALL  TAKE  ALL
 MEASURES NECESSARY TO ENSURE THE PRIVACY OF VOTERS.
   (E)  THE  BOARD OF ELECTIONS MAY BEGIN TO OBTAIN TABULATED RESULTS FOR
 ALL BALLOTS PREVIOUSLY SCANNED, AS REQUIRED  BY  THIS  SUBDIVISION,  ONE
 HOUR  BEFORE  THE  SCHEDULED  CLOSE  OF POLLS ON ELECTION DAY; PROVIDED,
 HOWEVER, NO UNOFFICIAL TABULATIONS OF ELECTION RESULTS SHALL BE PUBLICLY
 ANNOUNCED OR RELEASED IN ANY MANNER UNTIL AFTER THE CLOSE  OF  POLLS  ON
 ELECTION  DAY  AT  WHICH  TIME  SUCH TABULATIONS SHALL BE ADDED INTO THE
 ELECTION NIGHT VOTE TOTALS.
   (F) UPON COMPLETING THE CASTING AND CANVASSING OF ANY REMAINING  VALID
 BALLOTS  AS  HEREINABOVE PROVIDED FOR ANY ELECTION DISTRICT, THE CENTRAL
 BOARD OF CANVASSERS SHALL THEREUPON, AS NEARLY  AS  PRACTICABLE  IN  THE
 MANNER  PROVIDED  IN  THIS  ARTICLE  FOR  ABSENTEE, MILITARY AND SPECIAL
 BALLOTS, VERIFY THE NUMBER OF BALLOTS SO CAST, TALLY THE VOTES SO  CAST,
 ADD  SUCH TALLY TO THE PREVIOUS TALLY OF ALL VOTES CAST IN SUCH ELECTION
 DISTRICT, AND RECORD THE RESULT.
   (G) THE RECORD OF THE VOTE COUNTED BY EACH SCANNER  AND  MANUALLY  FOR
 EACH  CANDIDATE  AND  FOR  AND  AGAINST EACH BALLOT PROPOSAL, PRINTED BY
 ELECTION DISTRICT, SHALL BE PRESERVED IN THE SAME  MANNER  AND  FOR  THE
 SAME PERIOD AS THE RETURNS OF CANVASS FOR THE ELECTION.
   7.  POST-ELECTION  REVIEW  AND  CANVASSING OF AFFIDAVIT BALLOTS.   (A)
 WITHIN FOUR BUSINESS DAYS OF THE ELECTION, THE BOARD OF ELECTIONS  SHALL
 REVIEW ALL AFFIDAVIT BALLOTS CAST IN THE ELECTION.  IF THE CENTRAL BOARD
 OF  CANVASSERS  DETERMINES  THAT  A  PERSON WAS ENTITLED TO VOTE AT SUCH
 ELECTION IT SHALL CAST AND  CANVASS  SUCH  AFFIDAVIT  BALLOT;  PROVIDED,
 HOWEVER,  IF THE BOARD OF ELECTIONS RECEIVES ONE OR MORE TIMELY ABSENTEE
 BALLOTS FROM A VOTER WHO ALSO CAST AN AFFIDAVIT BALLOT AT A  POLL  SITE,
 THE LAST SUCH TIMELY ABSENTEE BALLOT RECEIVED SHALL BE CANVASSED AND THE
 AFFIDAVIT BALLOT SHALL BE SET ASIDE UNOPENED; AND PROVIDED FURTHER, IF A
 VOTER WAS ISSUED AN ABSENTEE BALLOT AND VOTES IN PERSON VIA AN AFFIDAVIT
 BALLOT  AND THE BOARD DOES NOT RECEIVE SUCH ABSENTEE BALLOT, THE AFFIDA-
 VIT BALLOT SHALL BE CANVASSED IF THE VOTER  IS  OTHERWISE  QUALIFIED  TO
 VOTE IN SUCH ELECTION.
   (B)  AFFIDAVIT BALLOTS ARE VALID WHEN CAST AT A POLLING SITE PERMITTED
 BY LAW BY QUALIFIED VOTERS: (I) WHO MOVED WITHIN THE STATE AFTER  REGIS-
 TERING;  (II)  WHO  ARE IN INACTIVE STATUS; (III) WHOSE REGISTRATION WAS
 INCORRECTLY TRANSFERRED TO ANOTHER ADDRESS  EVEN  THOUGH  THEY  DID  NOT
 MOVE;  (IV)  WHOSE  REGISTRATION POLL RECORDS WERE MISSING ON THE DAY OF
 SUCH ELECTION; (V) WHO HAVE NOT HAD THEIR IDENTITY PREVIOUSLY  VERIFIED;
 (VI) WHOSE REGISTRATION POLL RECORDS DID NOT SHOW THEM TO BE ENROLLED IN
 THE  PARTY  IN  WHICH  THEY  ARE ENROLLED; AND (VII) WHO ARE INCORRECTLY
 IDENTIFIED AS HAVING ALREADY VOTED.

 S. 1027--A                          7
 
   (C) AFFIDAVIT BALLOTS ARE VALID TO THE EXTENT THAT  MINISTERIAL  ERROR
 BY  THE  BOARD  OF  ELECTIONS OR ANY OF ITS EMPLOYEES CAUSED SUCH BALLOT
 ENVELOPE NOT TO BE VALID ON ITS FACE.
   (D)  IF  THE  CENTRAL BOARD OF CANVASSERS DETERMINES THAT A PERSON WAS
 ENTITLED TO VOTE AT SUCH ELECTION, THE BOARD SHALL CAST AND CANVASS SUCH
 AFFIDAVIT BALLOT IF SUCH BOARD FINDS THAT  THE  VOTER  APPEARED  AT  THE
 CORRECT  POLLING  PLACE,  REGARDLESS OF THE FACT THAT THE VOTER MAY HAVE
 APPEARED IN THE INCORRECT ELECTION DISTRICT AND  REGARDLESS  OF  WHETHER
 THE VOTER'S NAME WAS IN THE REGISTRATION POLL RECORD.
   (E)  IF THE CENTRAL BOARD OF CANVASSERS FINDS THAT A VOTER SUBMITTED A
 VOTER REGISTRATION APPLICATION THROUGH THE ELECTRONIC VOTER REGISTRATION
 TRANSMITTAL SYSTEM PURSUANT TO TITLE EIGHT OF ARTICLE FIVE OF THIS CHAP-
 TER AND SIGNED THE AFFIDAVIT BALLOT, THE BOARD SHALL  CAST  AND  CANVASS
 SUCH  AFFIDAVIT  BALLOT  IF  THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN
 SUCH ELECTION.
   (F) IF THE CENTRAL BOARD OF CANVASSERS DETERMINES THAT  A  PERSON  WAS
 ENTITLED TO VOTE AT SUCH ELECTION, THE BOARD SHALL CAST AND CANVASS SUCH
 AFFIDAVIT  BALLOT  IF  SUCH  BOARD  FINDS  THAT  THE VOTER SUBSTANTIALLY
 COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER.  FOR  PURPOSES  OF  THIS
 PARAGRAPH,  "SUBSTANTIALLY  COMPLIED" SHALL MEAN THE BOARD CAN DETERMINE
 THE VOTER'S ELIGIBILITY BASED ON THE STATEMENT OF THE AFFIANT OR RECORDS
 OF THE BOARD.
   (G) IF THE CENTRAL BOARD OF CANVASSERS FINDS THAT THE STATEWIDE  VOTER
 REGISTRATION  LIST  SUPPLIES SUFFICIENT INFORMATION TO IDENTIFY A VOTER,
 FAILURE BY THE VOTER TO INCLUDE ON THE  AFFIDAVIT  BALLOT  ENVELOPE  THE
 ADDRESS  WHERE SUCH VOTER WAS PREVIOUSLY REGISTERED SHALL NOT BE A FATAL
 DEFECT AND THE BOARD SHALL CAST AND CANVASS SUCH AFFIDAVIT BALLOT.
   (H) IF THE CENTRAL BOARD OF CANVASSERS FINDS THAT THE VOTER REGISTERED
 OR PRE-REGISTERED TO VOTE FOR THE FIRST TIME PURSUANT TO TITLE  NINE  OF
 ARTICLE FIVE OF THIS CHAPTER AT LEAST TWENTY-FIVE DAYS BEFORE A PRIMARY,
 APPEARED AT SUCH PRIMARY ELECTION, AND INDICATED ON THE AFFIDAVIT BALLOT
 ENVELOPE  THE INTENT TO ENROLL IN SUCH PARTY, THE AFFIDAVIT BALLOT SHALL
 BE CAST AND CANVASSED IF THE VOTER IS OTHERWISE  QUALIFIED  TO  VOTE  IN
 SUCH ELECTION.
   (I)  WHEN THE CENTRAL BOARD OF CANVASSERS DETERMINES THAT AN AFFIDAVIT
 BALLOT IS INVALID DUE TO A MISSING SIGNATURE  ON  THE  AFFIDAVIT  BALLOT
 ENVELOPE, OR BECAUSE THE SIGNATURE ON THE AFFIDAVIT BALLOT ENVELOPE DOES
 NOT  CORRESPOND  TO  THE  REGISTRATION  SIGNATURE, SUCH BALLOTS SHALL BE
 SUBJECT TO THE CURE PROCEDURE IN SUBDIVISION THREE OF THIS SECTION.
   (J) AT THE MEETING REQUIRED PURSUANT TO PARAGRAPH (A)  OF  SUBDIVISION
 EIGHT  OF THIS SECTION, EACH CANDIDATE, POLITICAL PARTY, AND INDEPENDENT
 BODY SHALL BE ENTITLED TO OBJECT TO THE  BOARD  OF  ELECTIONS'  DETERMI-
 NATION  THAT  AN  AFFIDAVIT BALLOT IS INVALID. SUCH BALLOTS SHALL NOT BE
 COUNTED ABSENT AN ORDER OF THE COURT. IN NO EVENT MAY A  COURT  ORDER  A
 BALLOT THAT HAS BEEN COUNTED TO BE UNCOUNTED.
   (K)  THE  BOARD  OF  ELECTIONS SHALL ENTER INFORMATION INTO THE BALLOT
 TRACKING SYSTEM, AS DEFINED IN SECTION 8-414 OF THIS CHAPTER, TO ALLOW A
 VOTER WHO CAST A BALLOT IN AN AFFIDAVIT ENVELOPE  TO  DETERMINE  IF  THE
 VOTE WAS COUNTED.
   8. POST-ELECTION REVIEW OF  INVALID  ABSENTEE,  MILITARY  AND  SPECIAL
 BALLOTS.  (A)  WITHIN  FOUR  BUSINESS DAYS OF THE ELECTION, THE BOARD OF
 ELECTIONS SHALL DESIGNATE ITSELF OR SUCH OF ITS EMPLOYEES TO  ACT  AS  A
 CENTRAL  BOARD  OF  CANVASSERS  AS  PROVIDED  IN SUBDIVISION ONE OF THIS
 SECTION AND MEET TO REVIEW ABSENTEE, MILITARY AND SPECIAL BALLOTS  DETER
 MINED TO BE INVALID PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
 SECTION, BALLOT ENVELOPES THAT WERE RETURNED TO THE BOARD AS UNDELIVERA-

 S. 1027--A                          8
 
 BLE, AND BALLOT ENVELOPES CONTAINING ONE OR MORE  CURABLE  DEFECTS  THAT
 HAVE NOT BEEN TIMELY CURED.
   (B)  AT  LEAST FIVE DAYS PRIOR TO THE TIME FIXED FOR SUCH MEETING, THE
 BOARD SHALL SEND NOTICE BY FIRST CLASS MAIL TO EACH CANDIDATE, POLITICAL
 PARTY, AND INDEPENDENT BODY ENTITLED TO HAVE HAD WATCHERS PRESENT AT THE
 POLLS IN ANY ELECTION DISTRICT IN THE BOARD'S JURISDICTION. SUCH  NOTICE
 SHALL STATE THE TIME AND PLACE FIXED BY THE BOARD FOR SUCH POST-ELECTION
 REVIEW.
   (C) EACH SUCH CANDIDATE, POLITICAL PARTY, AND INDEPENDENT  BODY  SHALL
 BE  ENTITLED  TO  APPOINT  SUCH NUMBER OF WATCHERS TO ATTEND  UPON  EACH
 CENTRAL BOARD OF CANVASSERS AS THE CANDIDATE, POLITICAL PARTY, OR  INDE-
 PENDENT  BODY  WAS ENTITLED TO APPOINT AT THE ELECTION  IN  ANY ELECTION
 DISTRICT FOR WHICH THE CENTRAL BOARD OF CANVASSERS IS DESIGNATED TO ACT.
   (D) UPON ASSEMBLING AT THE TIME AND PLACE FIXED FOR SUCH MEETING, EACH
 CENTRAL BOARD OF CANVASSERS SHALL REVIEW THE BALLOT ENVELOPES DETERMINED
 TO BE INVALID AND SET ASIDE IN THE REVIEW REQUIRED BY SUBDIVISION TWO OF
 THIS  SECTION, BALLOT ENVELOPES THAT WERE RETURNED AS UNDELIVERABLE, AND
 BALLOT ENVELOPES CONTAINING ONE OR MORE CURABLE DEFECTS  THAT  HAVE  NOT
 BEEN TIMELY CURED.
   (E)  EACH  SUCH CANDIDATE, POLITICAL PARTY, AND INDEPENDENT BODY SHALL
 BE  ENTITLED  TO  OBJECT TO THE BOARD OF ELECTIONS' DETERMINATION THAT A
 BALLOT  IS INVALID. SUCH BALLOTS SHALL NOT BE COUNTED ABSENT AN ORDER OF
 THE COURT. IN NO EVENT MAY A COURT ORDER A BALLOT THAT HAS BEEN  COUNTED
 TO BE UNCOUNTED.
   9.  STATE  BOARD  OF  ELECTIONS;  POWERS  AND DUTIES FOR CANVASSING OF
 ABSENTEE, MILITARY, SPECIAL AND AFFIDAVIT BALLOTS. THE  STATE  BOARD  OF
 ELECTIONS  SHALL  PROMULGATE  RULES  AND  REGULATIONS  NECESSARY FOR THE
 IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. SUCH RULES  AND  REGU-
 LATIONS  SHALL  INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS TO (A) ENSURE
 AN EFFICIENT AND FAIR REVIEW PROCESS THAT RESPECTS THE  PRIVACY  OF  THE
 VOTER, (B) ENSURE THE SECURITY OF THE CENTRAL COUNT SCANNERS USED BEFORE
 ELECTION  DAY,  AND  (C)  ENSURE  THAT  BALLOTS CAST AS PROVIDED IN THIS
 SECTION ARE CANVASSED AND COUNTED AS IF CAST ON ELECTION DAY.
   § 2. Section 9-211 of the election law, as amended by chapter  515  of
 the  laws  of 2015, subdivision 1 as amended by chapter 5 of the laws of
 2019, is amended to read as follows:
   § 9-211. Audit of voter verifiable audit records.  1.  Within  fifteen
 days  after each general or special election, within thirteen days after
 every primary election,  and  within  seven  days  after  every  village
 election  conducted by the board of elections, the board of elections or
 a bipartisan committee appointed by such board  shall  audit  the  voter
 verifiable  audit  records  from  three  percent  of  voting machines or
 systems within the jurisdiction  of  such  board.  Such  audits  may  be
 performed  manually  or via the use of any automated tool authorized for
 such use by the state board of elections which is independent  from  the
 voting  system  it  is  being  used to audit. Voting machines or systems
 shall be selected for audit through a random, manual process.  At  least
 five  days prior to the time fixed for such selection process, the board
 of elections shall send notice by first class mail  to  each  candidate,
 political party and independent body entitled to have had watchers pres-
 ent  at the polls in any election district in such board's jurisdiction.
 Such notice shall state  the  time  and  place  fixed  for  such  random
 selection  process.  The audit shall be conducted in the same manner, to
 the extent applicable, as a canvass of paper  ballots.  Each  candidate,
 political  party  or  independent  body  entitled to appoint watchers to

 S. 1027--A                          9
 
 attend at a polling place shall be entitled to appoint  such  number  of
 watchers to observe the audit.
   2.  WITHIN  THREE  DAYS  OF  ANY ELECTION, THE BOARD OF ELECTIONS OR A
 BIPARTISAN COMMITTEE APPOINTED BY SUCH BOARD  SHALL  AUDIT  THE  CENTRAL
 COUNT  BALLOT  SCANNERS  BY  AUDITING  THE BALLOTS FROM THREE PERCENT OF
 ELECTION DISTRICTS THAT WERE  TABULATED  BY  SUCH  SCANNERS  WITHIN  THE
 JURISDICTION  OF SUCH BOARD BY THAT TIME. ALL PROVISIONS OF THIS SECTION
 SHALL OTHERWISE APPLY TO SUCH AUDIT. TO THE  EXTENT  ADDITIONAL  BALLOTS
 ARE  TABULATED  THROUGH  CENTRAL COUNT BALLOT SCANNERS AFTER THE INITIAL
 AUDIT, THREE PERCENT OF ELECTION DISTRICTS SHALL THEREAFTER  BE  AUDITED
 AS TO THE ADDITIONAL BALLOTS TABULATED. THE CERTIFICATION OF THE CANVASS
 SHALL  NOT  AWAIT  THE  COMPLETION  OF  SUCH ADDITIONAL AUDIT; PROVIDED,
 HOWEVER, IF UPON THE COMPLETION OF SUCH ADDITIONAL  AUDIT  THE  CRITERIA
 ARE  MET  FOR  THE  RESULTS OF THE AUDIT TO REPLACE THE CANVASS THEN THE
 BOARD OF CANVASSERS SHALL FORTHWITH RECONVENE AND ADJUST THE CANVASS  AS
 REQUIRED.
   3.  The  audit  tallies  for  each  voting  machine or system shall be
 compared to the tallies recorded by such voting machine or system, and a
 report shall be made of such comparison which  shall  be  filed  in  the
 office of the state board of elections.
   [3.]  4. The state board of elections shall, in accordance with subdi-
 vision four of section 3-100 of  this  chapter,  promulgate  regulations
 establishing  a  uniform  statewide  standard  to  be  used by boards of
 elections to determine when a discrepancy between the audit tallies  and
 the voting machine or system tallies shall require a further voter veri-
 fiable  record  audit  of  additional  voting  machines  or systems or a
 complete audit of all machines or systems within the jurisdiction  of  a
 board  of  elections. Any board of elections shall be empowered to order
 that any such audit shall be conducted  whenever  any  such  discrepancy
 exists.
   [4.]  5.  If  a complete audit shall be conducted, the results of such
 audit shall be used by the canvassing board in making the  statement  of
 canvass  and determinations of persons elected and propositions rejected
 or approved. The results of a  partial  voter  verifiable  record  audit
 shall not be used in lieu of voting machine or system tallies.
   [5.]  6. Notwithstanding subdivision four of this section, if a voting
 machine or system is found to have failed to record votes  in  a  manner
 indicating an operational failure, the board of canvassers shall use the
 voter  verifiable  audit  records  to  determine  the votes cast on such
 machine or system, provided such records were not also impaired  by  the
 operational failure of the voting machine or system.
   § 3. Subdivision 5 of section 7-122 of the election law, as amended by
 chapter 411 of the laws of 2019, is amended to read as follows:
   5.  There  shall  also  be  a  place  for two board of elections staff
 members or inspectors of opposite  political  parties  to  indicate,  by
 placing  their  initials  thereon, that they have checked and marked the
 voter's poll record AND A BOX  LABELED  "BOE  USE  ONLY"  FOR  NOTATIONS
 REQUIRED  WHEN  THE BOARD OF ELECTIONS REVIEWS AFFIRMATION BALLOT ENVEL-
 OPES PURSUANT TO SECTION 9-209 OF THIS CHAPTER.
   § 4. Subdivision 2-a of section 8-302 of the election  law  is  renum-
 bered  subdivision  2-b  and  a  new subdivision 2-a is added to read as
 follows:
   2-A. IF A VOTER'S NAME APPEARS IN THE  LEDGER  OR  COMPUTER  GENERATED
 REGISTRATION LIST WITH A NOTATION INDICATING THAT THE BOARD OF ELECTIONS
 HAS ISSUED THE VOTER AN ABSENTEE, MILITARY OR SPECIAL BALLOT, SUCH VOTER

 S. 1027--A                         10
 
 SHALL  NOT  BE  PERMITTED TO VOTE ON A VOTING MACHINE AT AN EARLY VOTING
 SITE OR ON ELECTION DAY BUT MAY VOTE BY AFFIDAVIT BALLOT.
   §  5.  Subdivisions  1, 4 and 5 of section 16-106 of the election law,
 subdivision 1 as amended by chapter 659 of the laws of 1994, subdivision
 5 as amended by chapter 359 of the laws of 1989, are amended to read  as
 follows:
   1.  The  [casting or canvassing or] POST-ELECTION refusal to cast: (A)
 challenged ballots, blank ballots, OR void  [or  canvass]  BALLOTS;  (B)
 absentee, military, special [federal], OR federal write-in [or] BALLOTS;
 (C)  emergency ballots; and (D) ballots voted in affidavit envelopes [by
 persons whose registration poll records were not in the ledger or  whose
 names were not on the computer generated registration list on the day of
 election or voters in inactive status, voters who moved to a new address
 in  the city or county or after they registered or voters who claimed to
 be enrolled in a party other than that shown on their registration  poll
 record  or  on the computer generated registration list and the original
 applications for a military, special federal, federal write-in, emergen-
 cy or absentee voter's ballot] may be contested in a  proceeding  insti-
 tuted  in  the supreme or county court, by any candidate or the chairman
 of any party committee, and by any voter with respect to the refusal  to
 cast such voter's ballot, against the board of canvassers of the returns
 from  such  district, if any, and otherwise against the board of inspec-
 tors of election of such district. If  the  court  determines  that  the
 person  who  cast  such ballot was entitled to vote at such election, it
 shall order such ballot to be cast and canvassed, INCLUDING if the court
 finds that ministerial error by the board of elections  or  any  of  its
 employees caused such ballot envelope not to be valid on its face.
   4.  The  court  SHALL ENSURE THE STRICT AND UNIFORM APPLICATION OF THE
 ELECTION LAW AND SHALL NOT PERMIT OR REQUIRE THE ALTERING OF THE  SCHED-
 ULE  OR  PROCEDURES  IN  SECTION  9-209 OF THIS CHAPTER BUT may direct a
 recanvass or the correction of an error, or the performance of any  duty
 imposed  by  [law]  THIS  CHAPTER on such a state, county, city, town or
 village board of inspectors, or canvassers.
   5. IN THE EVENT  PROCEDURAL  IRREGULARITIES  OR  OTHER  FACTS  ARISING
 DURING  THE  ELECTION SUGGEST A CHANGE OR ALTERING OF THE CANVASS SCHED-
 ULE, AS PROVIDED FOR IN SECTION 9-209 OF THIS CHAPTER, MAY BE WARRANTED,
 A CANDIDATE MAY SEEK AN ORDER FOR TEMPORARY  OR  PRELIMINARY  INJUNCTIVE
 RELIEF  OR  AN IMPOUND ORDER HALTING OR ALTERING THE CANVASSING SCHEDULE
 OF ABSENTEE, MILITARY, SPECIAL  OR  AFFIDAVIT  BALLOTS.  UPON  ANY  SUCH
 APPLICATION,  THE BOARD OR BOARDS OF ELECTIONS HAVE A RIGHT TO BE HEARD.
 TO OBTAIN SUCH RELIEF, THE PETITIONER MUST MEET THE CRITERIA IN  ARTICLE
 SIXTY-THREE  OF  THE  CIVIL PRACTICE LAW AND RULES AND SHOW BY CLEAR AND
 CONVINCING EVIDENCE, THAT, BECAUSE OF PROCEDURAL IRREGULARITIES OR OTHER
 FACTS ARISING DURING THE ELECTION, THE PETITIONER  WILL  BE  IRREPARABLY
 HARMED ABSENT SUCH RELIEF. FOR THE PURPOSES OF THIS SECTION, ALLEGATIONS
 THAT  OPINION  POLLS  SHOW  THAT AN ELECTION IS CLOSE IS INSUFFICIENT TO
 SHOW IRREPARABLE HARM TO A PETITIONER BY CLEAR AND CONVINCING EVIDENCE.
   6. A proceeding under subdivisions one and three of this section  must
 be instituted within twenty days and under subdivision two, within thir-
 ty  days  after  the election or alleged erroneous statement or determi-
 nation was made, or the time when the board  shall  have  acted  in  the
 particulars  as  to  which  it  is claimed to have failed to perform its
 duty, except that such a proceeding with respect to a  village  election
 must  be  instituted  within  ten  days  after such election, statement,
 determination or action.

 S. 1027--A                         11
 
   § 6. Subdivision 4 of section 17-126 of the election law is amended to
 read as follows:
   4.  Before the closing of the polls, unfolds a ballot that a voter has
 prepared for voting, EXCEPT AS PROVIDED IN SECTION 9-209 OF  THIS  CHAP-
 TER, is guilty of a misdemeanor.
   §  7. Subdivisions 18, 20 and 21 of section 17-130 of the election law
 are amended to read as follows:
   18. Not being lawfully authorized, makes or has in  his  possession  a
 key  to  a  voting  [maching] MACHINE which has been adopted and will be
 used in elections; or,
   20. Intentionally opens [an absentee] A  voter's  BALLOT  envelope  or
 examines  the  contents thereof after the receipt of the envelope by the
 board of elections and before the close of the  polls  at  the  election
 EXCEPT AS PROVIDED IN SECTION 9-209 OF THIS CHAPTER; or,
   21.  [Wilfully]  WILLFULLY disobeys any lawful command of the board of
 inspectors, or any member thereof; or,
   § 8. This act shall take effect January 1, 2022  and  shall  apply  to
 elections  held on or after such date; provided, however, that paragraph
 (h) of subdivision 7 of section 9-209 of the election law, as  added  by
 section one of this act, shall take effect January 1, 2023.

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The New York State Senate

senate Bill S1027A

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Archive: Last Bill Status - Signed by Governor

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Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jan 11, 2021 - floor Vote

Floor Vote: Jan 11, 2021

Jan 11, 2021 - Elections committee Vote

Committee Vote: Jan 11, 2021

Jan 11, 2021 - Rules committee Vote

Committee Vote: Jan 11, 2021

Bill Amendments

Co-Sponsors

S1027 - Details

S1027 - Summary

S1027 - Sponsor Memo

S1027 - Bill Text download pdf

Co-Sponsors

S1027A (ACTIVE) - Details

S1027A (ACTIVE) - Summary

S1027A (ACTIVE) - Sponsor Memo

S1027A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1027A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jan 11, 2021 - floor Vote

Floor Vote: Jan 11, 2021

Jan 11, 2021 - Elections committee Vote

Committee Vote: Jan 11, 2021

Jan 11, 2021 - Rules committee Vote

Committee Vote: Jan 11, 2021

Bill Amendments

Co-Sponsors

S1027 - Details

S1027 - Summary

S1027 - Sponsor Memo

S1027 - Bill Text download pdf

Co-Sponsors

S1027A (ACTIVE) - Details

S1027A (ACTIVE) - Summary

S1027A (ACTIVE) - Sponsor Memo

S1027A (ACTIVE) - Bill Text download pdf

Comments