S T A T E   O F   N E W   Y O R K
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                                  5677

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to the retention of absen-
  tee ballots and the canvass of military and absentee ballots

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

  Section  1.  Subdivision  2  of  section 8-412 of the election law, as
amended by chapter 155 of the laws  of  1994,  is  amended  to  read  as
follows:
  2.  Absentee  ballots  received  by the board of elections [before the
close of the polls on election day from voters whose  applications  were
received  by  such  board  at  least seven days before election day may]
SHALL be  [delivered  to  the  inspectors  of  election  in  the  manner
prescribed  by  this  chapter or] retained at the board of elections and
cast and canvassed pursuant to the provisions of section 9-209  of  this
chapter [as such board shall, in its discretion, determine by resolution
adopted  at  least thirty days before election day. All ballots received
by the board of elections from voters whose applications  were  received
by  such  board  later  than seven days before election day, all ballots
received by such board between election day and the  seventh  day  after
election  day,  and  all federal write-in ballots received from absentee
voters, shall be retained at the board and shall be cast  and  canvassed
in the same manner as other ballots retained by such board].
  S  2.  Paragraphs (a) and (c) of subdivision 2 of section 9-209 of the
election law, as amended by chapter 104 of the laws of 2010 and subpara-
graph (i) of paragraph (a) as amended by chapter  163  of  the  laws  of
2010, are amended to read as follows:
  (a)  (i) Upon assembling at the time and place fixed for such meeting,
each central board of inspectors shall EXAMINE, cast,  and  canvass  the
envelopes  and the ballots therein contained as nearly as practicable in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11540-03-1

              

S. 5677                             2

the FOLLOWING manner [provided by this chapter for a board of inspectors
to consider, cast, and canvass absentee ballot envelopes.]:
  (A)  IF  A  PERSON WHOSE NAME IS ON AN ENVELOPE AS A VOTER HAS ALREADY
VOTED IN PERSON AT SUCH ELECTION, OR IF HIS OR HER NAME AND RESIDENCE AS
STATED ON THE ENVELOPE ARE NOT ON A REGISTRATION  POLL  RECORD,  OR  THE
COMPUTER  GENERATED  LIST  OF  REGISTERED  VOTERS OR THE LIST OF SPECIAL
PRESIDENTIAL VOTERS, OR IF THERE IS NO NAME ON THE ENVELOPE, OR  IF  THE
ENVELOPE IS NOT SEALED, SUCH ENVELOPE SHALL BE LAID ASIDE UNOPENED.
  (B)  IF  THERE  IS  MORE THAN ONE BALLOT ENVELOPE EXECUTED BY THE SAME
VOTER, THE ONE BEARING THE LATER DATE OF EXECUTION SHALL BE ACCEPTED AND
THE OTHER REJECTED. IF IT CANNOT BE DETERMINED WHICH ENVELOPE BEARS  THE
LATER DATE, THEN ALL SUCH ENVELOPES SHALL BE REJECTED.
  (C)  IF  SUCH  PERSON  IS  FOUND TO BE REGISTERED AND HAS NOT VOTED IN
PERSON, AN INSPECTOR SHALL COMPARE THE SIGNATURE, IF ANY, ON EACH ENVEL-
OPE WITH THE SIGNATURE, IF ANY, ON THE  REGISTRATION  POLL  RECORD,  THE
COMPUTER  GENERATED  LIST  OF  REGISTERED  VOTERS OR THE LIST OF SPECIAL
PRESIDENTIAL VOTERS, OF THE PERSON OF THE SAME NAME WHO REGISTERED  FROM
THE  SAME  ADDRESS.  IF  THE  SIGNATURES  ARE  FOUND TO CORRESPOND, SUCH
INSPECTOR SHALL CERTIFY THERETO BY SIGNING HIS OR HER  INITIALS  IN  THE
"INSPECTOR'S INITIALS" LINE ON THE COMPUTER GENERATED LIST OF REGISTERED
VOTERS OR IN THE "REMARKS" COLUMN AS APPROPRIATE.
  (D)  IF  SUCH  PERSON  IS  FOUND TO BE REGISTERED AND HAS NOT VOTED IN
PERSON, AND IF NO CHALLENGE IS MADE, OR  IF  A  CHALLENGE  MADE  IS  NOT
SUSTAINED, THE ENVELOPE SHALL BE OPENED, THE BALLOT OR BALLOTS WITHDRAWN
WITHOUT  UNFOLDING,  AND  THE  BALLOT OR BALLOTS DEPOSITED IN THE PROPER
BALLOT BOX OR BOXES, OR ENVELOPES, PROVIDED HOWEVER THAT, IN THE CASE OF
A PRIMARY ELECTION, THE BALLOT SHALL BE DEPOSITED IN THE BOX ONLY IF THE
BALLOT IS OF THE PARTY WITH WHICH THE VOTER IS ENROLLED ACCORDING TO THE
ENTRY ON THE BACK OF HIS OR HER REGISTRATION POLL RECORD OR NEXT TO  HIS
OR  HER  NAME  ON  THE COMPUTER GENERATED REGISTRATION LIST; IF NOT, THE
BALLOT SHALL BE REJECTED WITHOUT INSPECTION OR UNFOLDING  AND  SHALL  BE
RETURNED  TO THE ENVELOPE WHICH SHALL BE ENDORSED "NOT ENROLLED." AT THE
TIME OF THE DEPOSIT OF SUCH BALLOT OR BALLOTS IN THE BOX  OR  ENVELOPES,
THE  INSPECTORS SHALL ENTER THE WORDS "ABSENTEE VOTE" OR "MILITARY VOTE"
IN THE SPACE RESERVED FOR THE VOTER'S SIGNATURE ON THE AFORESAID LIST OR
IN THE "REMARKS" COLUMN AS APPROPRIATE, AND SHALL  ENTER  THE  YEAR  AND
MONTH OF THE ELECTION ON THE SAME LINE IN THE SPACES PROVIDED THEREFOR.
  (E)  AS EACH ENVELOPE IS OPENED, IF ONE OR MORE OF THE DIFFERENT KINDS
OF BALLOTS TO BE VOTED AT  THE  ELECTION  ARE  NOT  FOUND  THEREIN,  THE
CLERKS,  OR  INSPECTORS,  SHALL MAKE A MEMORANDUM SHOWING WHAT BALLOT OR
BALLOTS ARE MISSING. IF A BALLOT ENVELOPE SHALL CONTAIN  MORE  THAN  ONE
BALLOT  FOR  THE SAME OFFICES, ALL THE BALLOTS IN SUCH ENVELOPE SHALL BE
REJECTED. WHEN THE CASTING OF SUCH BALLOTS SHALL HAVE BEEN COMPLETED THE
CLERKS OR INSPECTORS SHALL ASCERTAIN THE NUMBER OF SUCH BALLOTS OF  EACH
KIND  WHICH  HAVE BEEN DEPOSITED IN THE BALLOT BOX BY DEDUCTING FROM THE
NUMBER OF ENVELOPES OPENED THE NUMBER OF MISSING BALLOTS, AND SHALL MAKE
A RETURN THEREOF. THE NUMBER OF ABSENTEE VOTERS'  BALLOTS  DEPOSITED  IN
THE  BALLOT  BOX SHALL BE ADDED TO THE NUMBER OF OTHER BALLOTS DEPOSITED
IN THE BALLOT BOX, IN ORDER TO DETERMINE THE NUMBER OF  ALL  BALLOTS  OF
EACH KIND TO BE ACCOUNTED FOR IN THE BALLOT BOX.
  (ii)  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) If the board of elections determines that a person was  entitled
to  vote  at such election, the board shall cast and canvass such ballot

S. 5677                             3

if such board finds that the  voter  appeared  at  the  correct  polling
place,  regardless  of  the fact that the voter may have appeared in the
incorrect election district.
  (c)  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 shall  be  applicable  to
such ballots.
  (i)  [Such  ballots  shall  be  counted  by  placing them, arranged by
election district, in the counting machine.
  (ii)] Such ballots may be separated into sections before being  placed
in the counting machine.
  [(iii)]  (II)  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)] (III) 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 3. This act shall take effect immediately.