S T A T E   O F   N E W   Y O R K
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                                  7601

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Election Law

AN ACT to amend the election law, in relation to the opening of polls

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

  Section  1.  Subdivision  2  of  section 8-102 of the election law, as
amended by chapter 164 of the laws  of  2010,  is  amended  to  read  as
follows:
  2.  The  keys to the ballot scanner and ballot marking device shall be
delivered to the inspectors at least [one-half] ONE hour before the time
set for the opening of the polls, in a sealed envelope, on  which  shall
be written or printed the ballot scanner or ballot marking device serial
number  and  location  of  the  polling place, as reported by the voting
machine custodian. IN THE CITY OF NEW YORK, THE POLICE OFFICER OR  PEACE
OFFICER  DESIGNATED  BY  THE POLICE COMMISSIONER OF THE CITY OF NEW YORK
PURSUANT TO SUBDIVISION SIX OF SECTION 8-104 OF THIS TITLE SHALL DELIVER
SUCH KEYS IN ACCORDANCE WITH THE TERMS OF  THIS  SECTION.  The  envelope
containing  the  keys  shall  not be opened until at least one inspector
from each of the two parties shall be present in the polling  place  and
shall  have  examined  the  envelope to see that it has not been opened.
Before opening the envelope,  such  election  inspectors  present  shall
examine  the serial number on the machine, and shall see if they are the
same as the numbers written on the  envelope  containing  the  keys.  If
found  not  to  agree,  the envelope must not be opened until the voting
machine custodian, or other authorized person, shall have been  notified
and  shall  have arrived at the polling place for the purpose of re-exa-
mining such machine and shall certify that it is properly  arranged.  If
the  serial  number  on the machine is found to agree with the number on
the envelope, the inspectors, except as hereinafter provided, shall turn
on the machine. The  inspectors  shall  carefully  examine  the  printed
record  produced by the machine to see that each counter registers zero,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11531-02-1
              

A. 7601                             2

and shall allow watchers to examine the printed record.  The  inspectors
shall  then  sign  a  certificate  showing the delivery of the keys in a
sealed envelope, the serial number on the machine, the number registered
on  the  protective  counter,  that all the counters are set at zero and
that the public counter is set at zero. The machine shall remain secured
against voting until the polls are formally  opened  and  shall  not  be
operated  except by voters when voting or by election officials upon the
instructions of the board of elections. If any counter is found  not  to
register  zero,  the inspectors of election shall immediately notify the
board of elections.
  S 2. Subdivision 6 of section 8-104 of the election law, as amended by
chapter 413 of the laws of 1991, is amended to read as follows:
  6. In the city of New York, during days of primary,  general,  special
and community school board elections, at each premises wherein a polling
place  or places are located, at least one police officer or peace offi-
cer designated by the police commissioner of such city pursuant  to  the
provisions  of  article  two  of  the  criminal  procedure  law shall be
assigned for duty AT ALL TIMES, from ONE HOUR BEFORE the opening OF  THE
POLLS  until the [closing of the polls] COMPLETION OF THE CANVASS AS SET
FORTH IN ARTICLE NINE OF THIS CHAPTER AFTER THE POLLS HAVE BEEN  CLOSED.
Additional  police  officers  or  peace  officers  may be assigned as is
deemed appropriate by the police commissioner of such city.
  S 3. This act shall take effect immediately.