S. 2564 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 104 of
the laws of 2010, the opening paragraph of such section and subparagraph
(i) of paragraph (a) of subdivision 2 as amended by chapter 163 of the
laws of 2010, 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 and any ballots voted by
voters who moved within the county or city after registering, voters who
are in inactive status, voters whose registration was incorrectly trans-
ferred to another address even though they did not move, voters whose
registration poll records were missing on the day of such election,
voters who have not had their identity previously verified and voters
whose registration 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
S. 2564 3
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 fourteen
days after a general or special election and no more than eight days
after a 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 inde-
pendent body was entitled to appoint at such election in any one
election district for which such central board of inspectors is desig-
nated to act.
2. (a) [(i)] Upon assembling at the time and place fixed for such
meeting, each central board of inspectors shall cast and canvass the
envelopes and the ballots therein contained as nearly as practicable in
the manner provided by this chapter for a board of inspectors to consid-
er, cast, and canvass absentee ballot envelopes.
[(ii)] (B) If the board of inspectors determines that a person was
entitled 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.
[(iii)] (C) If the board of elections determines that a person was
entitled to vote at such election, the board shall cast and canvass such
ballot if such board finds that the voter appeared at the correct poll-
ing place, regardless of the fact that the voter may have appeared in
the incorrect election district.
[(b)(i)] 3. (A) Such board of inspectors shall also cast and canvass
any federal write-in absentee ballots validly cast by an absentee voter,
a military voter or a special federal voter for the offices of president
and vice-president, United States senator and representative in
congress. Such board of inspectors shall also cast and canvass any
federal write-in absentee ballots validly cast by a military voter for
all questions or proposals, public offices or party positions for which
a military voter is otherwise eligible to vote as provided in section
10-104 of this chapter.
S. 2564 4
[(ii)] (B) Federal write-in absentee ballots shall be cast and
canvassed only if: (A) 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; (B) the
federal write-in absentee ballot was submitted from inside or outside
the United States by a military voter or was submitted from outside the
United States by a special federal voter; (C) such ballot is received by
the board of elections not later than thirteen days following the day of
election or seven days after a primary election; and (D) the absentee,
military or special federal ballot which was sent to the voter is not
received by the board of elections by the thirteenth day following the
day of a general or special election or the seventh day after a primary
election.
[(iii)] (C)(I) If such a federal write-in absentee ballot is received
after election day, the envelope in which it is received must contain:
(A) a cancellation mark of the United States postal service or a foreign
country's postal service; (B) a dated endorsement of receipt by another
agency of the United States government; or (C) if cast by a military
voter, the signature and date of the voter and one witness thereto with
a date which is ascertained to be not later than the day before election
day.
[(iv)] (II) If such a federal write-in absentee 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 inde-
pendent 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 independ-
ent 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 independent 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 writing 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 candidate or a party or independent body shall
be disregarded in determining the validity of the ballot, if the inten-
tion can be ascertained.
[(c)] 4. The following provisions shall apply to casting and canvass-
ing 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 shall be applica-
ble to such ballots.
[(i)] (A) Such ballots shall be counted by placing them, arranged by
election district, in the counting machine.
[(ii)] (B) Such ballots may be separated into sections before being
placed in the counting machine.
[(iii)] (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
ballots.
[(iv)] (D) The record of the vote counted by machine for each candi-
date 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.
S. 2564 5
[(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
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. 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-
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 FROM A LAW ENFORCEMENT
OFFICIAL, THE CONTENTS OF WHOSE VOTER REGISTRATION FORM ARE MADE CONFI-
DENTIAL BY AN ORDER STILL IN EFFECT, SHALL BE RETAINED, CAST AND
CANVASSED PURSUANT TO SECTION 9-209 OF THIS CHAPTER.
S 4. 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-
S. 2564 6
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
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
S. 2564 7
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
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 5. 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-
S. 2564 8
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 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.