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