Relates to canvassing votes; repealer

Summary of specific provisions

Section 1 of the bill amends section 4-134 of the election law that allows boards of elections to send absentee ballots to the polling place to be opened an canvassed on election night.

Section 1-a of the bill amends section 7-206 of the election law to require that if a discrepancy is discovered, upon the recanvass of the results of the election, between the number of votes as recorded on the tabulated result tape and the number of voters who cast votes in an election district, the ballot scanner shall be retested before it is used again.

Section 2 of the bill amends section 9-102(1) of the election law to outline the steps election inspectors must take when closing the polls and canvassing the votes on election day.

Section 3 of the bill amends section 9-102(2)of the election law (that will expire in 2010) to provide how election inspectors will print the ballot scanner's tabulated result tape in the presence of watchers, announce the result and hand count the ballots that can not be scanned and announce the result. All results shall be recorded on the return of canvass, including the aggregate number of write in votes for each public office or patty position. The removable memory card will be secured for return to the board of elections.

Section 4 of the bill amends section 9-102(2) of the election law (that will take effect in 2010) to make the same changes as section 3 of the bill.

Section 5 of the bill amends section 9-102(3) of the election law to require any corrections to the canvass of returns to be made in the presence of watchers, for election day paper ballots that have not been scanned to be canvassed pursuant to election law § 9-108 and for the ballot scanners to be closed and locked.

Section 5-a of the bill repeals section 9-104 of the election law which currently provides for the canvassing of absentee, military, special federal and special presidential ballots at the polling place on election day.

Section 6 of the bill amends section 9-106 of the election law to provide for an accounting of all paper ballots that were delivered to the polling place on a reconciliation form to assure the accuracy of the return of canvass. The number of ballots counted by a ballot

scanner shall be added to the number of affidavit ballots cast, the number of ballots cancelled before delivery to a voter and the number of ballots spoiled. This sum shall be subtracted from the total number of ballots delivered to the polling place to determine a remainder number of ballots. This remainder number will be compared with the number of ballots that have been cast but not scanned. This section also requires that each type of paper ballot not contained in the ballot scanner's locked box shall be labeled separately and secured.

Section 7 of the bill amends section 9-108(1) of the election law to require that the number of ballots that have not been scanned because a scanner was not available, because they were abandoned at the scanner or because they are not machine process able shall be compared to the remainder number obtained under the procedures outlined in section 9-106 to provide an accurate chain of custody account of all paper ballots.

Section 8 of the bill amends election law section 9-110 of the election law to outline the procedures to be used to canvass ballots that have not been scanned. Any ballots that can be scanned shall be scanned if a ballot scanner is available at the close of the polls and before the tabulated result tape is printed. If a ballot cannot be scanned because of an over vote or blank ballot warning or for some other reason, it shall be hand counted and the results announced and recorded on the return of canvass. The section makes it clear that affidavit ballots shall not be canvassed at the poll site on Election Day.

Section 8-a of the bill amends section 9-208 of the election law to provide for the recanvass of the election day results by comparing the tabulated results tape from each ballot scanner used in each election district with the return of canvass. The ballots that were hand counted will also be recanvassed and the result compared with the return of canvass. Finally, the write in votes for each election district will be recanvassed. The sum of all votes will be validated and proven, corrections made and any remaining discrepancy in an election district results shall be reconciled by a review of all the paper ballots in that election district by the board of elections. Candidates and state and county chairs will get notice of the recanvass and an opportunity to be present.

Section 8-b of the bill amends section 9-209 of the election law to repeal references to canvassing absentee, military and all special ballots at the polling place on Election Day.

Section 9 of the bill amends section 11-212 of the election law to repeal references to canvassing special federal ballots at the polling place on Election Day.

Section 10 of the bill amends section 11-300 of the election law to repeal references to canvassing special ballots on account of religious scruples at the polling place on election day.

Section 11 of the bill amends section 11-302 of the election law to repeal references to canvassing special ballots for board of election employees at the polling place on Election Day.

Section 12 of the bill repeals section 11-304 of the election law with respect to special ballots.

Section 13 of the bill amends section 11-306 of the election law to repeal references to canvassing special ballots for victims of domestic violence at the polling place on Election Day.

Section 14 of the bill amends section 16-113 of the election law to correct the section heading and to allow a count proceeding if a discrepancy exists in an election district's results, as defined in section 9-208(3) of the election law, that could change the result of the election.

Section 15 of the bill is the effective date.

Justification

The State of New York is scheduled to begin to use polling place ballot scanners beginning with the Primary Election in September 2010 in compliance with the federal Help America Vote Act and enabling state legislation. This bill codifies the procedures for closing the polls on Election Day and canvassing the results of the election using the ballot scanners. The only paper ballots that will be delivered to the polls will be election day paper ballots. These will be canvassed at the polls on Election Day, with the number of write in votes for each office or party position reported in the aggregate. No affidavit ballots will be canvassed at the polls. All absentee, military and special ballots will be retained at the board of elections and canvassed by the board after the election and upon the recanvass of the election day results. The bill continues procedures that have been in place in New York for many years regarding the canvassing of votes on Election Day except where the features of the new machines warrant a change in language or substance.

Prior legislative history

New bill.

Fiscal implication

None.

Effective date

This bill would take effect immediately.