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

                                  1962

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by M. of A. ZEBROWSKI, LUPARDO, GALEF, SCHIMMINGER, BUCHWALD
  -- 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  282  of  the  laws  of 2011, 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,  [open  packages  of] TEN unused ballots FOR EACH BALLOT LOT OR
STYLE PRINTED and all absentee and military,  special  federal,  special
presidential  and emergency ballots and ballot envelopes, if any, opened
or unopened, shall be preserved for two years after the election. Sealed
packages of unused ballots shall be retained for four  months,  and  may
then  be  destroyed,  provided  a  certificate articulating the election
district identifying data and numbers of such ballots is filed with  the
balance of ballots described in this section, for the balance of the two
year  retention period. Except as hereinafter provided, boxes containing
voted paper ballots, if any shall be preserved inviolate for four months
after the election, or until one month before the next  election  occur-
ring  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 mili-
tary, 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00427-01-5
              

A. 1962                             2

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 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.