Rushed programming change left Westchester votes in orange bags
A post-testing code update froze Westchester scanners on Election Day. Ballots went into orange bags, an official thickness claim was withdrawn, and NY-17 flipped after Lawler conceded.
IJR · Nov 4, 2026 · 4 min read

On the morning of Election Day, Tuesday, Nov. 3, 2026, scanners at polling places across Westchester County stopped reading paper ballots. Voters were instructed to deposit completed ballots into secure orange bags.
The failure was not a paper defect and not a statewide equipment collapse. Kathleen McGrath said the problem stemmed from a change affecting a contest in one municipality after the county's Election Day voting equipment had already been prepared and tested. That change required a programming update. Scanners that still carried the original programming could not recognize or accept the ballots in use that day.
McGrath said the programming had been tested during early voting and included the correct races for the county. The State Board of Elections worked with the Westchester County Board of Elections to supply replacement election media carrying the updated programming. "The immediate priority is to restore scanning capability to at least one voting machine at every polling location, with additional machines being brought online as the day progresses," McGrath said.
Ken Jenkins told voters they could keep casting paper ballots and place them in the secure orange emergency ballot bags. McGrath underscored the custody chain: "Completed ballots are securely maintained under bipartisan oversight and will be scanned and counted in accordance with established procedures." She added that restoring the scanners would also let emergency ballots cast earlier in the day enter the established counting process.
Those assurances matter because the day's most basic civic act—the recording of a lawful ballot—was interrupted by an administrative sequence that began after testing was already finished. Election administration is a core government function. When a late programming change leaves scanners unable to read the ballots voters are handed, the ordinary citizen bears the delay and the uncertainty while officials race to repair what should have been locked down. Limited government does not mean weak government; it means government that does its narrow jobs competently, on time, and under rules the public can see. A last-minute update that disables Election Day equipment is a failure of that standard.
The Westchester County Board of Elections compounded the credibility problem. It first blamed ballot thickness, then withdrew that statement. McGrath said officials had identified no problems with the paper used to print the ballots or with any other ballot characteristic that would keep them from being scanned once the equipment issue was fixed. The scanners, she said, simply rejected ballots they could not recognize. No votes were incorrectly calculated. Rejected ballots were not scanned at all.
That reversal—from thickness to programming—is the kind of detail that tests public trust. Officials who issue a physical explanation and then retract it invite the fair question of how the first account was cleared and who checked it. Rule-of-law elections require a clean chain from ballot design through programming, testing, and counting. When the first public story does not survive the afternoon, the remedy is not spin; it is a full, contemporaneous record of what changed, when, and why a municipal contest revision reached the field after machines were already prepared.
McGrath stated the counting commitments without hedging. "Every valid vote will be counted, and the established canvass, recanvass and post-election audit procedures will remain in place." She also said, "Accuracy will never be sacrificed for speed." Those are the right priorities. They do not erase the morning's disruption for the voters under bipartisan watch.
As of noon Tuesday, there was no indication polling hours would be extended, because emergency ballots remained available. No other counties statewide had reported similar voting-equipment problems as of Tuesday afternoon. The failure was local to Westchester's updated programming and to the scanners still running the prior code.



