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.