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

                                  1010

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 providing  a  mechanism
  for rendering and keeping confidential the voter registration informa-
  tion of certain law enforcement officials

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

  Section  1. The election law is amended by adding a new section  5-217
to read as follows:
  S  5-217.  CONFIDENTIAL REGISTRATION FOR LAW ENFORCEMENT OFFICIALS. 1.
FOR THE PURPOSES OF THIS SECTION, SECTION 11-303 AND SECTION  16-120  OF
THIS CHAPTER, THE TERM "LAW ENFORCEMENT OFFICIAL" SHALL MEAN ALL OF, BUT
ONLY, THE FOLLOWING:
  (A) A POLICE OFFICER DEFINED IN PARAGRAPH (A), (B), (D), (G) OR (K) OF
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW;
  (B) A FEDERAL LAW ENFORCEMENT OFFICER DEFINED IN SUBDIVISION ONE, TWO,
THREE, FOUR OR FIVE OF SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW;
  (C) A JUDGE OF THE COUNTY COURT, AND A JUSTICE OF THE SUPREME COURT OF
THIS STATE; AND
  (D)  A  DISTRICT ATTORNEY DEFINED IN SUBDIVISION THIRTY-TWO OF SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, A  UNITED  STATES  ATTORNEY  AND  AN
ASSISTANT UNITED STATES ATTORNEY.
  2.  UPON RECEIPT OF A CONFORMED COPY OF AN ORDER OF THE COURT PURSUANT
TO SECTION 16-120 OF THIS CHAPTER TO RENDER AND KEEP VOTER  REGISTRATION
INFORMATION  CONCERNING  A  LAW ENFORCEMENT OFFICIAL CONFIDENTIAL, WHICH
ORDER WAS PREVIOUSLY FILED WITH THE COUNTY CLERK, THE APPROPRIATE COUNTY
BOARD OF ELECTIONS SHALL CAUSE THE VOTER REGISTRATION INFORMATION IN ITS
POSSESSION CONCERNING SUCH LAW ENFORCEMENT OFFICIAL TO BE  RENDERED  AND
KEPT  CONFIDENTIAL  IN  ACCORDANCE  WITH  THE TERMS OF SUCH ORDER ISSUED
PURSUANT TO SECTION 16-120 OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06481-01-9

              

S. 1010                             2

  3. IF SUCH BOARD OF ELECTIONS  BECOMES  COGNIZANT  OF  AN  ACT  HAVING
OCCURRED  WHICH  BY  THE  TERMS  OF  SUCH ORDER OF THE COURT RENDERS THE
REQUIREMENTS OF SUCH ORDER NULL AND VOID PURSUANT TO SECTION  16-120  OF
THIS CHAPTER, IT SHALL:
  (A)  NOTIFY  THE LAW ENFORCEMENT OFFICIAL THAT SUCH BOARD OF ELECTIONS
HAS BECOME COGNIZANT OF AN ACT WHICH BY THE TERMS OF  SUCH  COURT  ORDER
RENDERS THE REQUIREMENTS OF SUCH ORDER NULL AND VOID PURSUANT TO SECTION
16-120 OF THIS CHAPTER AND THAT ACCORDINGLY THE REGISTRATION INFORMATION
PERTAINING  TO  SUCH  LAW  ENFORCEMENT OFFICIAL IS BEING RESTORED TO AND
RE-FILED IN THE PUBLIC FILES OF SUCH BOARD; AND
  (B) FIVE DAYS AFTER THE DATE OF MAILING OF SUCH NOTICE CAUSE ALL VOTER
REGISTRATION FORMS AND INFORMATION IN ITS POSSESSION CONCERNING SUCH LAW
ENFORCEMENT OFFICIAL TO BE RE-FILED IN THE PUBLIC FILES OF  SUCH  BOARD,
INCLUDING  BUT NOT LIMITED TO IN ITS BUFF CARD BINDERS, ITS REGISTRATION
LISTS, ITS FILES FOR PRINTING ELECTION DAY POLL LISTS AND ITS  COMPUTER-
IZED SEARCH FILES AVAILABLE FOR USE BY THE PUBLIC.
  4.  THE  BOARD  OF  ELECTIONS SHALL MAINTAIN AN UP-TO-DATE LIST OF THE
NAMES AND PARTY  ENROLLMENTS  OF  ALL  LAW  ENFORCEMENT  OFFICIALS  WITH
RESPECT  TO WHOM ORDERS OF THE COURT, PURSUANT TO SECTION 16-120 OF THIS
CHAPTER, TO RENDER  AND  KEEP  CERTAIN  VOTER  REGISTRATION  INFORMATION
CONCERNING THEM CONFIDENTIAL ARE RECEIVED BY SUCH BOARD. FIVE DAYS AFTER
MAILING  THE  NOTICE  REQUIRED  BY PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION UNDER THE CIRCUMSTANCES WHICH RESULT IN THE MAILING OF SUCH
NOTICE, THE BOARD OF ELECTIONS SHALL CAUSE THE NAME AND  OTHER  INFORMA-
TION  OF  THE  LAW  ENFORCEMENT  OFFICIAL  CONTAINED  ON SUCH LIST TO BE
REMOVED OR DELETED FROM SUCH LIST.
  5. THE PROVISIONS OF SECTION  17-106  OF  THIS  CHAPTER,  RELATING  TO
MISCONDUCT  OF  ELECTION OFFICERS, SHALL APPLY TO THE NEW DUTIES CREATED
BY THIS SECTION, SECTION 9-209, SECTION 11-303  AND  SECTION  16-120  OF
THIS  CHAPTER  RELATING TO RENDERING AND KEEPING CERTAIN VOTER REGISTRA-
TION INFORMATION OF LAW ENFORCEMENT OFFICIALS CONFIDENTIAL.
  S 2. Section 9-209 of the election law, as amended by chapter  251  of
the laws of 1984, the section heading, opening paragraph of such section
and  paragraph  a of subdivision 2 as amended by chapter 179 of the laws
of 2005, paragraph a of subdivision 1 as amended by chapter 237  of  the
laws of 2005, paragraph b of subdivision 2 as added by chapter 94 of the
laws  of 1987, subparagraph 1 of paragraph b of subdivision 2 as amended
and subparagraph 2 of paragraph b of subdivision 2 as added  by  chapter
155  of the laws of 1994, subparagraph 3 of paragraph b of subdivision 2
as renumbered by chapter 155 of the laws of 1994, paragraph c of  subdi-
vision  2  as added by chapter 352 of the laws of 1986 and as relettered
by chapter 94 of the laws of 1987,  paragraph  d  of  subdivision  2  as
amended  by chapter 79 of the laws of 1992, paragraph e of subdivision 2
as relettered by chapter 94 of the laws of 1987, is amended to  read  as
follows:
  S 9-209. Canvass of absentee, military and special ballots and ballots
cast  by  voters  with  registration  poll  records  missing  on days of
election or voters who have not had their identity  previously  verified
or  who  have  moved after registering. 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 cast and canvass any absentee, military, special presiden-
tial,  special  federal or other special ballots which were not cast and
canvassed at the polling place, and any  ballots  voted  by  voters  who
moved  within  the  county  or city after registering, voters who are in

S. 1010                             3

inactive status, voters whose registration was  incorrectly  transferred
to another address even though they did not move, or voters whose regis-
tration  poll records were missing on the day of such election or voters
who  have  not had their identity previously verified or whose registra-
tion poll records did not show them to be enrolled in the party in which
they claimed to be enrolled. 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 cast and canvassed.
  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 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  thirteen
days  after  a  general  election  and  no  more than eight days after a
special or primary election at which such ballots are voted.  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]  THE
BOARD MAY SPECIALLY DESIGNATE ONE OR MORE OF SUCH SETS OF POLL CLERKS TO
CAST AND CANVASS SPECIAL BALLOTS RECEIVED FROM LAW ENFORCEMENT OFFICIALS
WITH  RESPECT TO WHOM CERTAIN REGISTRATION INFORMATION HAS BEEN RENDERED
CONFIDENTIAL BY COURT ORDERS ISSUED PURSUANT TO SECTION 16-120  OF  THIS
CHAPTER  PROVIDED  THAT  THE BOARD HAS TAKEN ADEQUATE MEASURES TO ENSURE
THAT THE CONFIDENTIALITY OF SUCH INFORMATION IS PRESERVED IN  ACCORDANCE
WITH  THE  TERMS  OF  SUCH  ORDERS AND HAS TRAINED EVERY SUCH POLL CLERK
RESPONSIBLE FOR CASTING AND CANVASSING SUCH BALLOTS OF  LAW  ENFORCEMENT
OFFICIALS  IN THE REQUIREMENTS OF SUCH ORDERS AND IS SATISFIED THAT THEY
WILL COMPLY WITH SUCH ORDERS ACCORDINGLY. EVERY such set of clerks shall
be deemed a central board of inspectors for purposes of this section.
  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 canvass.
  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  inspectors as such candidate, political party, or independent
body was entitled to appoint  at  such  election  in  any  one  election
district  for  which  such  central board of inspectors is designated to
act.
  2. a. [1.] Upon assembling at the time and place fixed for such  meet-
ing,  each central board of inspectors shall cast and canvass the envel-
opes and the ballots therein contained as nearly as practicable  in  the
manner  provided  by this chapter for a board of inspectors to consider,
cast, and canvass absentee ballot envelopes and ballots at  the  polling
place.
  [2.]  B. If the board of inspectors determines that a person was enti-
tled to vote at such election it shall cast and canvass such  ballot  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.
  [b.1] 3. A. Such board of inspectors shall also cast and  canvass  any
federal  write-in  ballots  validly  cast  by  an  absentee, military or

S. 1010                             4

special federal voter for the offices of president  and  vice-president,
United States senator and representative in congress.
  [2.]  B.  Federal write-in ballots shall be cast and canvassed only if
an application for an absentee, military or special federal  ballot  was
received  from  the absentee, military or special federal voter at least
thirty days before election day, if  the  federal  write-in  ballot  was
submitted  from outside the United States, if such ballot is received by
the board of elections not later than seven days following  the  day  of
election  and  if the absentee, military or special federal ballot which
was sent to the voter is not received by the board of elections  by  the
seventh  day  following  the day of election. If such a federal write-in
ballot is received after election day,  the  envelope  in  which  it  is
received  must  contain  a cancellation mark of the United States postal
service or a foreign country's postal service, or a dated endorsement of
receipt by another agency of the United States government, with  a  date
which is ascertained to be not later than the day before election day.
  [3.]  C.  If  such  a  federal  write-in 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 intention can be ascertained.
  [c.] 4. The following provisions shall apply to casting and canvassing
of all  such  ballots  which  are  counted  by  machine  and  all  other
provisions  of  this chapter with respect to casting and canvassing such
ballots which are not inconsistent  with  this  [paragraph]  SUBDIVISION
shall be applicable to such ballots.
  [1.]  A.  Such  ballots  shall be counted by placing them, arranged by
election district, in the counting machine.
  [2.] B. Such ballots may  be  separated  into  sections  before  being
placed in the counting machine.
  [3.]  C.  Any write-in ballots and any ballots which cannot be counted
by the machine shall be counted manually subject to all  the  applicable
provisions of this chapter with respect to counting of absentee ballots.
  [4.]  D.  The record of the vote counted by machine 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.
  [d.] 5. Any person lawfully present may object to the refusal to  cast
or canvass any ballot on the grounds that the voter is a properly quali-
fied  voter  of the election district, or in the case of a party primary
duly enrolled in such party, or to the  casting  or  canvassing  of  any
ballot  on  the grounds that the voter is not a properly qualified voter
of the election district, or in the case of a  party  primary  not  duly
enrolled  in  such party, or otherwise not entitled to cast such ballot.
HOWEVER, THE RIGHT OF ANY SUCH PERSON  TO  SEE  THE  COMPLETED  ORIGINAL

S. 1010                             5

VOTER  REGISTRATION  FORM AND REGISTRATION INFORMATION OF A LAW ENFORCE-
MENT OFFICIAL WHOSE FORM AND CERTAIN OF SUCH INFORMATION ARE SUBJECT  TO
A  COURT  ORDER  OF CONFIDENTIALITY ISSUED PURSUANT TO SECTION 16-120 OF
THIS  CHAPTER SHALL BE LIMITED IN ACCORDANCE WITH THE PROVISIONS OF SUCH
SECTION. When any such objection is made, the central board  of  inspec-
tors  shall  forthwith proceed to determine such objection and reject or
cast such ballot according to such determination. If  the  board  cannot
agree  as  to  the validity of the ballot it shall set the ballot aside,
unopened, for a period of three days at which time the  ballot  envelope
shall  be  opened  and  the vote counted unless otherwise directed by an
order of the court.
  [e.] 6. Upon completing the  casting  and  canvassing  of  ballots  as
hereinabove  provided  for  any  election district, the central board of
inspectors shall thereupon, as  nearly  as  practicable  in  the  manner
provided  in  this  chapter  for  absentee 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  announce  the
result.
  S  3.  Paragraph  a  of subdivision 1 of section 9-209 of the election
law, as amended by chapter 251 of the laws of 1984, is amended  to  read
as follows:
  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  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 ten days
after a general election and no more than eight days after a special  or
primary  election  at which such ballots are voted. The board may desig-
nate 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 repre-
sentatives of the two major political  parties.  [Each]  THE  BOARD  MAY
SPECIALLY  DESIGNATE ONE OR MORE OF SUCH SETS OF POLL CLERKS TO CAST AND
CANVASS SPECIAL BALLOTS RECEIVED FROM  LAW  ENFORCEMENT  OFFICIALS  WITH
RESPECT  TO  WHOM  CERTAIN  REGISTRATION  INFORMATION  HAS BEEN RENDERED
CONFIDENTIAL BY COURT ORDERS ISSUED PURSUANT TO SECTION 16-120  OF  THIS
CHAPTER  PROVIDED  THAT  THE BOARD HAS TAKEN ADEQUATE MEASURES TO ENSURE
THAT THE CONFIDENTIALITY OF SUCH INFORMATION IS PRESERVED IN  ACCORDANCE
WITH  THE  TERMS  OF  SUCH  ORDERS AND HAS TRAINED EVERY SUCH POLL CLERK
RESPONSIBLE FOR CASTING AND CANVASSING SUCH BALLOTS OF  LAW  ENFORCEMENT
OFFICIALS  IN THE REQUIREMENTS OF SUCH ORDERS AND IS SATISFIED THAT THEY
WILL COMPLY WITH SUCH ORDERS ACCORDINGLY. EVERY such set of clerks shall
be deemed a central board of inspectors for purposes of this section.
  S 4. The election law is amended by adding a  new  section  11-303  to
read as follows:
  S  11-303.  SPECIAL BALLOTS FOR LAW ENFORCEMENT OFFICIALS SUBJECT TO A
CONFIDENTIAL REGISTRATION ORDER. 1. ANY  LAW  ENFORCEMENT  OFFICIAL,  AS
DEFINED  IN  SECTION 5-217 OF THIS CHAPTER, WHO HAS OBTAINED AN ORDER OF
THE COURT PURSUANT TO SECTION 16-120 OF THIS CHAPTER TO RENDER AND  KEEP
CONFIDENTIAL  HIS  OR  HER  VOTER  REGISTRATION INFORMATION, WHICH ORDER
REMAINS EFFECTIVE WITH RESPECT TO AN ELECTION OCCURRING DURING THE  FOUR
YEAR  PERIOD  OF  SUCH  ORDER,  WHO DESIRES TO VOTE IN ANY SUCH ELECTION
SHALL VOTE IN SUCH ELECTION ONLY BY SPECIAL BALLOT.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A LAW ENFORCE-
MENT OFFICIAL WHO OBTAINED SUCH AN ORDER WHICH WAS SERVED UPON THE COUN-

S. 1010                             6

TY BOARD OF ELECTIONS AND FOR WHICH NO ORDER  REVOKING  SUCH  ORDER  HAS
BEEN  SERVED  UPON  SUCH  BOARD  NEED  NOT SUBMIT AN APPLICATION FORM OR
REQUEST FOR A SPECIAL BALLOT AND NEED HAVE NO OTHER GROUNDS  TO  RECEIVE
SUCH  SPECIAL  BALLOT  FOR SUCH ELECTION, AND SUCH BOARD SHALL DELIVER A
SPECIAL BALLOT TO SUCH LAW ENFORCEMENT OFFICIAL OTHERWISE IN  ACCORDANCE
WITH THE PROVISIONS OF THIS CHAPTER.
  3.  A  SPECIAL  BALLOT  WHICH  IS RECEIVED BY THE APPROPRIATE BOARD OF
ELECTIONS PRIOR TO THE DEADLINE FOR  ITS  RECEIPT  PURSUANT  TO  SECTION
11-304  OF  THIS  TITLE FROM A LAW ENFORCEMENT OFFICIAL, THE CONTENTS OF
WHOSE VOTER REGISTRATION FORM ARE MADE CONFIDENTIAL BY AN ORDER STILL IN
EFFECT, SHALL BE RETAINED, CAST AND CANVASSED PURSUANT TO SECTION  9-209
OF THIS CHAPTER.
  S  5.  The  election  law is amended by adding a new section 16-120 to
read as follows:
  S 16-120. PROCEEDING TO RENDER CERTAIN VOTER REGISTRATION  INFORMATION
RELATING  TO  LAW  ENFORCEMENT  OFFICIALS CONFIDENTIAL.   1. THE SUPREME
COURT, BY A JUSTICE THEREOF WITHIN THE JUDICIAL DISTRICT, OR THE  COUNTY
COURT,  BY A JUDGE THEREOF WITHIN THE COUNTY, IN A PROCEEDING INSTITUTED
BY A LAW ENFORCEMENT OFFICIAL AS DEFINED IN SECTION 5-217 OF THIS  CHAP-
TER,  MAY  ISSUE  AN  ORDER  DIRECTING  THE  APPROPRIATE COUNTY BOARD OF
ELECTIONS TO REMOVE FROM ITS PRESENT LOCATION, RENDER AND KEEP CONFIDEN-
TIAL, AND PLACE IN A SEPARATE SPECIAL FILE THE COMPLETED ORIGINAL  VOTER
REGISTRATION  FORM  OF  THE  PETITIONER  AND CERTAIN INFORMATION DERIVED
THEREFROM CONSISTING OF THE PETITIONER'S ADDRESS, ASSEMBLY  DISTRICT  OR
WARD,  ELECTION DISTRICT, PHYSICAL DESCRIPTION AND INFORMATION IDENTIFY-
ING THE PETITIONER OTHER THAN BY SIGNATURE WHICH ARE  OTHERWISE  LOCATED
OR  WHICH  WOULD, IN THE ABSENCE OF THIS PROVISION, OTHERWISE BE LOCATED
IN ANY PLACE IN ITS PUBLIC FILES, INCLUDING BUT NOT LIMITED TO, ITS BUFF
CARD BINDERS, ITS REGISTRATION LISTS, ITS FILES  FOR  PRINTING  ELECTION
DAY  POLL  LISTS  AND ITS COMPUTERIZED SEARCH FILES AVAILABLE FOR USE BY
THE PUBLIC.
  2. SUCH ORDER SHALL PROVIDE THAT SUCH SEPARATE SPECIAL  FILE  AND  THE
FORMS  AND INFORMATION CONTAINED THEREIN SHALL BE ACCESSIBLE ONLY TO THE
FOLLOWING PERSONS OR ENTITIES UNDER THE FOLLOWING  CONDITIONS,  IN  EACH
CASE  SUBJECT  TO ADEQUATE MEASURES HAVING BEEN TAKEN AGAINST ANY PUBLIC
DISCLOSURE OF THE INFORMATION CONTAINED THEREIN PRIOR TO  GRANTING  SUCH
ACCESS:
  (A)  SUCH  ELECTION  OFFICERS  AND/OR  EMPLOYEES IN THE PERFORMANCE OF
THEIR OFFICIAL DUTIES AS ARE SPECIALLY DESIGNATED FOR  SUCH  PURPOSE  BY
THE BOARD OF ELECTIONS;
  (B) ANY COURT OF COMPETENT JURISDICTION WHICH HAS DETERMINED THAT SUCH
COMPLETED  ORIGINAL VOTER REGISTRATION FORM OR THE INFORMATION CONTAINED
THEREON IS NECESSARY, RELEVANT AND COMPETENT EVIDENCE TO PROVE AN  ISSUE
BEFORE THE COURT IN LITIGATION, PROVIDED THAT ANY SUBPOENA FOR SUCH FORM
OR  INFORMATION  MUST  BE APPROVED AND SIGNED BY THE COURT WITH ADEQUATE
PROVISION MADE FOR SEALING SUCH EVIDENCE TO PREVENT  ITS  DISCLOSURE  TO
THE PUBLIC;
  (C)  ANY  LAW  ENFORCEMENT  OFFICIAL, LAW ENFORCEMENT OFFICER OR GRAND
JURY CONDUCTING A CRIMINAL INVESTIGATION IN WHICH SUCH FORM OR  INFORMA-
TION  IS NECESSARY, RELEVANT AND COMPETENT EVIDENCE OF THE COMMISSION OF
A CRIME PROVIDED THAT  ADEQUATE  PROVISION  IS  MADE  FOR  SEALING  SUCH
EVIDENCE TO PREVENT ITS DISCLOSURE TO THE PUBLIC; AND
  (D)  OFFICERS  OF THE COURT IN ANY PROCEEDING BROUGHT PURSUANT TO THIS
ARTICLE WITH THE SAME PROVISO TO PREVENT ITS DISCLOSURE TO THE PUBLIC.
  3. SUCH ORDER SHALL NOT APPLY, WITH RESPECT TO  THE  ORIGINAL  ACT  OF
VOTER  REGISTRATION AT THE TIME OF SUCH ACT, TO A WATCHER DULY APPOINTED

S. 1010                             7

PURSUANT TO SECTION 5-206 OF THIS CHAPTER WHO IS PERSONALLY  PRESENT  AT
SUCH TIME TO WITNESS SUCH ACT.  SUCH WATCHER SHALL AT SUCH TIME HAVE ALL
OF  THE  RIGHTS OF A DULY APPOINTED WATCHER INCLUDING BUT NOT LIMITED TO
THE  RIGHT TO INSPECT THE VOTER REGISTRATION FORM COMPLETED BY THE PETI-
TIONER AND MAY CHALLENGE THE VOTER REGISTRATION OF SUCH LAW  ENFORCEMENT
OFFICIAL AT SUCH TIME, AS AUTHORIZED BY SECTION 5-218 OF THIS CHAPTER.
  4.  SUCH  ORDER SHALL NOT APPLY TO ANY WATCHER DULY APPOINTED PURSUANT
TO PARAGRAPH C OF SUBDIVISION ONE OF SECTION 9-209 OF THIS  CHAPTER  WHO
IS  PRESENT  AT  THE  COUNTY  BOARD OF ELECTIONS, DURING THE CASTING AND
CANVASSING OF A SPECIAL BALLOT  VOTED  BY  THE  PETITIONER  PURSUANT  TO
SECTION 11-303 OF THIS CHAPTER, AND ANY OTHER PERSON LAWFULLY PRESENT AT
SUCH CANVASS, WHO MAY, PURSUANT TO THE PROVISIONS OF SUBDIVISION FIVE OF
SECTION  9-209  OF THIS CHAPTER, OBSERVE SUCH CASTING AND CANVASSING AND
OBJECT TO THE CASTING AND CANVASSING OF SUCH A SPECIAL BALLOT  OR  TO  A
FAILURE  OR REFUSAL TO CAST AND CANVASS SUCH A SPECIAL BALLOT AS AUTHOR-
IZED BY SUCH SUBDIVISION FIVE OF SECTION 9-209 OF THIS CHAPTER, PROVIDED
THAT IF SUCH A WATCHER OR OTHER PERSON LAWFULLY PRESENT AT SUCH  CANVASS
REQUESTS  TO  SEE  THE COMPLETED ORIGINAL VOTER REGISTRATION FORM OF THE
PETITIONER, SUCH REQUEST SHALL NOT BE GRANTED BUT HE OR SHE SHALL, UNDER
THE SUPERVISION OF AT LEAST TWO ELECTION OFFICERS  OR  EMPLOYEES  DESIG-
NATED IN THE MANNER PROVIDED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION,  BE  ALLOWED  TO  THEN  AND  THERE  VERIFY AND COMPARE ONLY THE
PETITIONER'S  NAME,  SIGNATURE  AND  PARTY  ENROLLMENT,  BUT   NOT   THE
PETITIONER'S  ADDRESS,  ASSEMBLY  DISTRICT  OR  WARD, ELECTION DISTRICT,
PHYSICAL DESCRIPTION NOR ANY OTHER INFORMATION IDENTIFYING THE PETITION-
ER, WITH A PHOTOSTATIC COPY OF THE COMPLETED ORIGINAL VOTER REGISTRATION
FORM OF THE PETITIONER ON WHICH THE ADDRESS, ASSEMBLY DISTRICT OR  WARD,
ELECTION  DISTRICT,  PHYSICAL DESCRIPTION AND ANY SUCH OTHER INFORMATION
IDENTIFYING THE PETITIONER HAS BEEN COVERED OR BLOCKED OUT SO AS NOT  TO
BE  VISIBLE  TO  OR  DISCLOSED  TO SUCH WATCHER OR OTHER PERSON LAWFULLY
PRESENT AT SUCH CANVASS.  IF THERE IS A CHALLENGE  TO  THE  VALIDITY  OF
PETITIONER'S RESIDENCE AND ELIGIBILITY TO VOTE IN AN ELECTION, MADE BY A
WATCHER,  THERE  SHALL  BE  A DETERMINATION MADE BY THE COMMISSIONERS OF
ELECTIONS ON SUCH CHALLENGE.  IF THERE IS A TIE VOTE OF THE  COMMISSION-
ERS  ON  THE  ELIGIBILITY  OF  THE PETITIONER, THEN A COURT OF COMPETENT
JURISDICTION SHALL DECIDE THE PETITIONER'S ELIGIBILITY WITHOUT  DISCLOS-
ING THE CONFIDENTIAL INFORMATION.
  5.  SUCH  ORDER  SHALL  NOT  PREVENT VERIFICATION BY ANY PERSON OF THE
PETITIONER'S NAME, SIGNATURE AND PARTY ENROLLMENT, BY COMPARISON WITH  A
PHOTOSTATIC  COPY  OF  THE  COMPLETED  ORIGINAL VOTER REGISTRATION FORM,
PROVIDED THAT THE  PETITIONER'S  ADDRESS,  ASSEMBLY  DISTRICT  OR  WARD,
ELECTION  DISTRICT, PHYSICAL DESCRIPTION AND OTHER INFORMATION IDENTIFY-
ING THE PETITIONER ARE KEPT CONFIDENTIAL BY ANY SUITABLE MEANS.
  6. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, SUCH ORDER
SHALL BE EFFECTIVE FOR A PERIOD OF  FOUR  YEARS  AND  SHALL  APPLY  WITH
RESPECT TO ALL ELECTIONS OCCURRING DURING SUCH FOUR YEAR PERIOD, AND MAY
BE EXTENDED BY THE COURT FOR ADDITIONAL FOUR YEAR PERIODS UPON AFFIDAVIT
OF  THE  PETITIONER THAT HE OR SHE CONTINUES TO MEET THE DEFINITION OF A
LAW ENFORCEMENT OFFICIAL DEFINED IN SECTION 5-217 OF THIS CHAPTER.
  7. SUCH ORDER SHALL PROVIDE THAT THE REQUIREMENTS OF SUBDIVISIONS  ONE
AND  TWO  OF THIS SECTION CONTAINED IN SUCH ORDER SHALL BE NULL AND VOID
IF:
  (A) SUCH LAW ENFORCEMENT OFFICIAL HAS ENGAGED IN ONE  OR  MORE  ACTIV-
ITIES  PREPARATORY  TO A DESIGNATION, NOMINATION OR ELECTION OF SUCH LAW
ENFORCEMENT OFFICIAL TO A PUBLIC OFFICE OR PARTY POSITION, INCLUDING BUT
NOT LIMITED TO CAUSING THE PRINTING OF PETITIONS  OR  THE  OBTAINING  OF

S. 1010                             8

SIGNATURES  THEREON,  DESIGNATING  A  CAMPAIGN  TREASURER, AUTHORIZING A
POLITICAL COMMITTEE OR THE MAKING OF CAMPAIGN EXPENDITURES,  OR  CAUSING
THE PRINTING OR DISTRIBUTION OF CAMPAIGN LEAFLETS OR FLYERS; OR
  (B) SUCH LAW ENFORCEMENT OFFICIAL HAS SIGNED A DESIGNATING OR NOMINAT-
ING  PETITION  AS A RESULT OF WHICH THERE IS A NEED TO VERIFY ANY OF THE
INFORMATION OTHERWISE RENDERED CONFIDENTIAL BY SUCH ORDER, IN  ORDER  TO
DETERMINE  THE VALIDITY OF SUCH SIGNATURE ON SUCH PETITION OR ON ANOTHER
DESIGNATING OR NOMINATING PETITION; OR
  (C) A PERSON PREVIOUSLY ENTITLED TO AN ORDER UNDER THIS SECTION IS  NO
LONGER  ENTITLED  TO ITS BENEFITS BECAUSE SUCH PERSON IS NO LONGER A LAW
ENFORCEMENT OFFICIAL AS DEFINED IN SECTION 5-217 OF THIS CHAPTER.
  S 6. It is the intention of  the  legislature  in  enacting  this  act
providing a specified procedure to render voter registration information
pertaining to "law enforcement officials", as defined therein, confiden-
tial  subject  to certain exceptions, that all of the provisions of this
act form one interdependent and connected whole and that the legislature
would not have enacted any particular provision of this act without also
enacting all of the other provisions of this act.  Accordingly,  if  any
provision  of this act shall be adjudged, by a court of competent juris-
diction and after any and all appeals have been exhausted in such  case,
to  be  invalid,  the judgment shall not be confined in its operation to
such provision but shall render all of the provisions of this  act  null
and  void. In such event any board of elections which is a party to such
case shall notify the legislative bill drafting commission of such judg-
ment in order for the commission to maintain an accurate up-to-date data
base of the text of the laws of the state of New York in furtherance  of
effecting  the  provisions  of  section  44  of  the legislative law and
section 70-b of the public officers law.
  S 7. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law; provided that the
amendments to paragraph a of subdivision  1  of  section  9-209  of  the
election  law  made  by  section two of this act shall be subject to the
expiration and reversion of such paragraph  pursuant  to  section  4  of
chapter  237  of  the  laws of 2005, as amended, when upon such date the
provisions of section three of this act shall take effect.