What's happening
This bill establishes the Uniform Election Night Procedure Act to standardize and clarify election night ballot counting and reporting across New York State.
Why it matters
Eliminates inconsistent procedures across counties. By removing separate procedures for New York City and creating a single, uniform process statewide, the bill aims to reduce confusion and the potential for procedural errors or delays on election night.
Enhances transparency and accountability. The act requires explicit posting or public announcement of ballot scanner results and hand counts at polling places, ensuring immediate and visible reporting that can be scrutinized by watchers and the public.
Improves ballot security and accurate reconciliation. The amendments mandate detailed ballot accounting, including the tracking and sealing of all ballot types and memory devices, with bipartisan oversight, which strengthens chain-of-custody and helps prevent the loss or miscounting of ballots.
Modernizes and clarifies reporting logistics. By specifying the handling and transport of memory devices and results tapes for unofficial tallying, the bill supports faster and more reliable election night results, reducing opportunities for misinformation or speculation during the reporting process.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Standardize Election Night Procedures
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
2 Co-sponsors
History
- Substituted by A2264
- Advanced to third reading
- 2nd report cal.
- 1st report cal.710
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Standardize Election Night Procedures
Signed by Governor · Sponsor Charles Lavine
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2346
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sens. KAVANAGH, GIANARIS, HOYLMAN -- 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 establishing the "Uniform Election Night Procedure Act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Uniform Election Night Procedure Act".
§ 2. Section 9-102 of the election law, as amended by chapter 334 of the laws of 2013, is amended to read as follows:
§ 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02359-01-9
S. 2346 2
forth herein: (a) place an inspector at the ballot scanner to prevent further voting; (b) scan the ballots contained in the emergency box or other secure storage container pursuant to section 9-110 of this title, unless it is not possible to determine which such ballots should be so scanned because the accounting and reconciliation required by section 9-106 of this title cannot be completed without first printing the results tape; (c) initiate the ballot scanner's close the poll mechanism, print the tabulated results tape, and post the results tape or announce its contents or both; (d) remove one of the portable memory devices from the ballot scanner for the purpose of reporting the unofficial tally of election results pursuant to section 9-126 of this title; (e) reconcile the paper ballots pursuant to section 9-106 of this title; (f) remove surplus ballots, if any, pursuant to this section and section 9-108 of this title; (g) hand count and secure ballots that cannot be scanned pursuant to this section and section 9-110 of this title; (h) post or announce the results of any hand counts and sign the return of canvass pursuant to subdivisions two and three of this section; (i) close, lock and seal the machine; and (j) sign the close of poll certificate, as provided by the board of elections.]
2. (a) The inspectors shall canvass the 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 applicable) shall be affixed to the return of canvass for that ballot scanner or election district pursuant to section 9-120 of this title by an inspector under the scrutiny of an 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 computerized device which records the total of the votes cast on such machine ([such device,] for purposes of this section a "portable memory device"), such device shall be removed from the machine after copies of the 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
S. 2346 3
shall place such device in the secure envelope or other secure container provided for its return to the board of elections. Such secure container shall be signed by the inspectors upon the securing of the device therein.
3. (a) During the canvass time any candidate or duly accredited watcher 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 necessary corrections shall then and there be made on the return of canvass by the inspectors. Thereafter, the voting machine shall be closed and locked. The first copy of the 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 respectively, 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 entitled 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.
§ 3. Section 9-106 of the election law, as amended by chapter 334 of the laws of 2013, is amended to read as follows:
§ 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
S. 2346 4
of unused ballots, the number of ballots spoiled before delivery to 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 reconciliation 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 inspectors 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 separate, label and place each type of ballot in the box(es) or container(s) provided by the board of elections, and securely lock or seal each such box(es) or container(s). They shall then sign such amended reconciliation form.
§ 4. Section 9-110 of the election law, as amended by chapter 334 of the laws of 2013, is amended to read as follows:
§ 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
S. 2346 5
above, shall mean the space occupied by the title of an office or party position, names of candidates therefor and the voting squares therewith. The canvass of each ballot must be completed before the next ballot is taken up. When the tallies of the votes of all such ballots are proven, and the results announced, the inspectors 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to establishing the "Uniform Election Night Procedure Act"
Purpose or general idea of bill
This bill improves uniformity and clarity in article nine of the election law following the enactment of the "Election Night Poll Site Procedures Act of 2013", streamlining the process for winding down poll sites at the end of an Election Day.
Summary of specific provisions
Section 1 of the bill sets forth the short title as the "Uniform Election Night Procedure Act".
Section 2 of the bill amends section 9-102 of the election law, as amended by chapter 334 of the laws of 2013, by merging and conforming subsection 1 and subsection 1-a, which currently apply outside New York City and within the city respectively. The procedures themselves are also updated to include the use of a ballot scanner and clarifies that the content of the results tape produced by such scanners may be posted or announced or both.
Section 3 of the bill amends section 9-106 of the election, as amended by chapter 334 of the laws of 2013, by eliminating a reference to the distinct procedures for New York City that is no longer applicable because of the amendment in section 2, above. The procedures themselves are also updated to require recording of seal numbers on ballot recon- ciliation forms by poll clerks and/or inspectors.
Section 4 of the bill amends section 9-110 of the election law, as amended by chapter 334 of the laws of 2013, by removing the reference to subsection 1-a, which is no longer applicable because of the amendment in section 2 of the bill.
Section 5 of the bill amends subdivision 2 of section 9-112 of the election law, as amended by chapter 334 of the laws of 2013, by removing the language that permits a vote to be counted if the voter makes a hole punch.
Section 6 of the bill amends subdivision 1 of section 9-114 of the election law, as amended by chapter 334 of the laws of 2013, by empower- ing election inspectors, in addition to poll site chairs as provided under existing law, to officially record any objection to a ballot counting.
Section 7 of the bill amends section 9-124 of the election law, as amended by chapter 334 of the laws of 2013, by updating the return of canvass procedures and removing the sections specific to the City of New York, thus setting uniform procedure throughout the State.
Section 8 of the bill sets forth the effective date.
Justification
This bill improves uniformity and clarity in article nine of the election law following the enactment of the "Election Night Poll Site Procedures Act of 2013," streamlining and modernizing the process for winding down poll sites at the end of an Election Day to better maintain integrity in the process by ensuring an orderly poll closing procedure.
Fiscal impact on the state
None.
Fiscal impact on localities
None.
Impact on regulation of businesses and individuals
None.
Impact on fines, imprisonment, forfeiture of rights, or other penal sanctions
None.
Prior legislative history
2018: S7090/A9606 - REFERRED TO ELECTIONS/ passed assembly 2017: A2092 - REFERRED TO ELECTIONS/ passed assembly 2016: S5699/A7925 - REFERRED TO ELECTIONS/ passed assembly 2015: A7925 - REFERRED TO ELECTIONS/ passed assembly
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.