S T A T E O F N E W Y O R K
________________________________________________________________________
8399
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to the preservation of
ballots and records of voting machines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 3-222 of the election law, as
amended by chapter 163 of the laws of 1994, is amended to read as
follows:
3. [Except] FOLLOWING CERTIFICATION OF THE ELECTION, EXCEPT as herein-
after provided, [packages of] ALL protested, void and wholly blank
ballots, [packages of] TEN unused ballots FOR EACH BALLOT LOT OR STYLE
PRINTED and all absentee and military, special federal, special presi-
dential and emergency ballots and ballot envelopes, if any, opened or
unopened, shall be preserved for two years after the election. Except as
hereinafter provided, boxes containing voted paper ballots shall be
preserved inviolate for four months after the election, or until one
month before the next election occurring within five months after a
preceding election if such boxes are needed for use at such next
election and if the officer or board in charge of such voted paper
ballots is required by law to furnish ballot boxes therefor. Provided,
however, that such ballot boxes and such packages may be opened, and
their contents and the absentee and military, special federal, special
presidential and emergency ballots and ballot envelopes may be examined,
upon the order of any court or justice of competent jurisdiction. Boxes
and envelopes containing absentee, military and emergency ballots voted
at a general or special election, for the office of member of the senate
or assembly, [packages of] ALL void, protested and wholly blank ballots,
unopened absentee and military ballot envelopes and [the packages of]
TEN unused ballots FOR EACH BALLOT LOT OR STYLE PRINTED, in connection
with such election, also may be opened, and their contents and such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11364-01-1
A. 8399 2
envelopes also may be examined, by direction of a committee of the
senate or assembly to investigate and report on contested elections of
members of the legislature. Unless otherwise ordered or directed by such
a court, justice or committee, such boxes shall be opened and their
contents and such packages and the envelopes containing voted ballots
and ballot envelopes shall be destroyed, at the expiration of the period
during which they are required by the provisions of this section to be
preserved, except that instead of being destroyed, they may be sold and
the proceeds paid over in the manner provided with respect to the sale
of books, records and papers pertaining to an election.
S 2. This act shall take effect immediately.