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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Apr 09, 2019 |
enacting clause stricken |
| Feb 05, 2019 |
print number 2070a |
| Feb 05, 2019 |
amend and recommit to ways and means |
| Jan 28, 2019 |
reported referred to ways and means |
| Jan 22, 2019 |
referred to election law |
Assembly Bill A2070A
2019-2020 Legislative Session
Authorizes computer generated registration lists; relates to the list of supplies to be delivered to poll sites
download bill text pdfSponsored By
CUSICK
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
David Buchwald
Michael Blake
Sandy Galef
Thomas Abinanti
Clyde Vanel
Felix Ortiz
Donna Lupardo
Jo Anne Simon
Amy Paulin
Anthony D'Urso
2019-A2070 - Details
2019-A2070 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2070
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
Introduced by M. of A. CUSICK, BUCHWALD, BLAKE, GALEF, ABINANTI, VANEL,
ORTIZ, LUPARDO, SIMON, PAULIN -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to authorizing computer
generated registration lists; in relation to the list of supplies to
be delivered to poll sites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1-104 of the election law is amended by adding a
new subdivision 38 to read as follows:
38. "COMPUTER GENERATED REGISTRATION LIST" MEANS A PRINTED OR ELEC-
TRONIC LIST OF VOTERS IN ALPHABETICAL ORDER FOR A SINGLE ELECTION
DISTRICT OR POLL SITE, GENERATED FROM A COMPUTER REGISTRATION FILE FOR
EACH ELECTION AND CONTAINING FOR EACH VOTER LISTED, A FACSIMILE OF THE
SIGNATURE OF THE VOTER. SUCH A LIST MAY BE IN A SINGLE VOLUME OR IN MORE
THAN ONE VOLUME. THE LIST MAY BE UTILIZED IN PLACE OF REGISTRATION POLL
RECORDS, TO ESTABLISH A PERSON'S ELIGIBILITY TO VOTE IN THE POLLING
PLACE ON ELECTION DAY.
§ 2. Subdivision 1 of section 4-128 of the election law, as amended by
chapter 125 of the laws of 2011, is amended to read as follows:
1. The board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards of instruction to
voters in the form prescribed by the state board of elections, at least
one copy of the instruction booklet for inspectors, a sufficient number
of maps, street finders or other descriptions of all of the polling
places and election districts within the political subdivision in which
the polling place is located to enable the election inspectors and poll
clerks to determine the correct election district and polling place for
each street address within the political subdivision in which the poll-
ing place is located, distance markers, tally sheets and return blanks,
pens, [black ink, or ball point pens with black ink,] pencils [having
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05550-01-9 A. 2070 2 black lead], OR OTHER APPROPRIATE MARKING DEVICES, envelopes for the ballots of voters whose registration poll records are not in the ledger or whose names are not [on] IN the computer generated registration list, envelopes for returns, identification buttons, badges or emblems for the inspectors and clerks in the form prescribed by the state board of elections and such other articles of stationery as may be necessary for the proper conduct of elections, except that when a town, city or village holds an election not conducted by the board of elections, the clerk of such town, city or village, shall provide such official and facsimile ballots and the necessary blanks, supplies and stationery for such election. § 3. Subdivision c of section 4-132 of the election law, as amended by chapter 164 of the laws of 1985, is amended to read as follows: c. A booth or device in each election district for the use of voters marking ballots. Such booth or device shall be so constructed as to permit the voter to mark his OR HER ballot in secrecy and shall be furnished at all times with [a pencil having black lead only] AN APPRO- PRIATE MARKING DEVICE. § 4. Section 4-134 of the election law, the section heading as amended by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425 of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635 of the laws of 1990, is amended to read as follows: § 4-134. Preparation and delivery of ballots, supplies and equipment for use at elections. 1. The board of elections shall deliver, at its office, to the clerk of each town or city in the county, except the cities of New York, Buffalo and Rochester and to the clerk of each village in the county in which elections are conducted by the board of elections, by the Saturday before the primary, general, village or other election for which they are required: the official and sample ballots; ledgers prepared for delivery in the manner provided in subdivision two of this section and containing the registration poll records of all persons entitled to vote at such election in such town, city or village, or computer generated registration lists containing the names of all persons entitled to vote at such election in such town, city or village; challenge reports prepared as directed by this chapter; sufficient applications for registration by mail; sufficient ledger seals and other supplies and equipment required by this article to be provided by the board of elections for each polling place in such town, city or village. The town, city or village clerk shall call at the office of such board of elections at such time and receive such ballots, supplies and equip- ment. In the cities of New York, Buffalo and Rochester the board of elections shall cause such ballots, supplies and equipment to be deliv- ered to the board of inspectors of each election district approximately one-half hour before the opening of the polls for voting, and shall take receipts therefor. 2. The board of elections shall provide for each election district a ledger or ledgers containing the registration poll records or [printed] lists with computer generated facsimile signatures, of all persons enti- tled to vote in such election district at such election. Such ledgers shall be labelled, sealed, locked and transported in locked carrying cases. After leaving the board of elections no such carrying case shall be unlocked except at the time and in the manner provided in this chap- ter. 3. [Any envelope containing absentee voters' ballots on which the blanks have not been properly filled in shall be stamped to indicate the A. 2070 3 defect and shall be preserved by the board for at least one year after the receipt thereof. 4.] Each kind of official ballot shall be arranged in a package in the consecutive order of the numbers printed on the stubs thereof beginning with number one. All official and sample ballots for each election district shall be in separate sealed packages, clearly marked on the outside thereof, with the number and kind of ballots contained therein and indorsed with the designation of the election district for which they were prepared. The other supplies provided for each election district also shall be [inclosed] ENCLOSED in a sealed package, or pack- ages, with a label on the outside thereof showing the contents of each package. [5. Each town, city and village clerk receiving such packages shall cause all] 4. ALL such packages so received and marked for any election district [to] SHALL be delivered unopened and with the seals thereof unbroken to the inspectors of election of such election districts at least [one-half] ONE hour before the opening of the polls of such election therein, [and] WHO shall [take] GIVE a receipt therefor speci- fying the number and kind of packages delivered. [At the same time each such clerk shall cause to be delivered to such inspectors the equipment described in subdivision two of this section and shall cause a receipt to be taken therefor. 6.] 5. Town, city and village clerks required to provide official and sample ballots, registration records, seals, supplies and equipment, as described in this section, for town, city and village elections not conducted by the board of elections, shall in like manner, deliver them to the inspectors or presiding officers of the election at each polling place at which such meetings and elections are held, respectively, in like sealed packages marked on the outside in like manner, and shall take receipts therefor in like manner. § 5. Subdivision 1 of section 5-302 of the election law, as separately amended by chapter 164 and chapter 558 of the laws of 1985, is amended to read as follows: 1. Before placing the registration poll record in the poll ledger OR IN THE COMPUTER GENERATED REGISTRATION LIST, the board shall enter in the space provided therefor [on the back of such registration poll record] the name of the party designated by the voter on his application form, provided such party continues to be a party as defined in this law. If such party ceases to be a party at any time, either before or after such enrollment is so entered, the enrollment of such voter shall be deemed to be blank and shall be entered as such until such voter files an application for change of enrollment pursuant to the provisions of this chapter. [In the city of New York the board shall also affix a gummed sticker of a different color for each party in a place on such registration poll record immediately adjacent to such entry.] The board shall enter the date of such entry and affix initials thereto in the space provided. § 6. Paragraph c of subdivision 3 of section 5-506 of the election law, as amended by chapter 659 of the laws of 1994, is amended to read as follows: c. The computer generated registration list prepared for each election in each election district shall be [printed by a printer] PREPARED IN A MANNER which meets or exceeds standards for clarity and speed of [reproduction] PRODUCTION established by the state board of elections, shall be in a form approved by such board, shall include the names of all voters eligible to vote in such election and shall be in alphabet- A. 2070 4 ical order, except that, at a primary election, the names of the voters enrolled in each political party may be placed in a separate part of the list or in a separate list, as the board of elections in its discretion, may determine. Such list shall contain, adjacent to each voter's name, OR IN A SPACE SO DESIGNATED, at least the following: street address, date of birth, party enrollment, year of registration, a computer reproduced facsimile of the voter's signature or an indication that the voter is unable to sign his name, a place for the voter to sign his name at such election and a place for the inspectors to mark the voting machine number, the public counter number [and] IF ANY, OR the number of any paper ballots given the voter. § 7. Subdivision 2 of section 8-202 of the election law, as amended by chapter 164 of the laws of 2010, is amended to read as follows: 2. The exterior of any ballot scanner, ballot marking device and privacy booth and every part of the polling place shall be in plain view of the election inspectors and watchers. The ballot scanners, ballot marking devices, and privacy booths shall be placed at least four feet from the table used by the inspectors in charge of the poll [books] LEDGER OR COMPUTER GENERATED REGISTRATION LIST. The guard-rail shall be at least three feet from the machine and the table used by the inspec- tors. The election inspectors shall not themselves be, or allow any other person to be, in any position or near any position, that will permit one to see or ascertain how a voter votes, or how he or she has voted nor shall they permit any other person to be less than three feet from the ballot scanner, ballot marking device, or privacy booth while occupied. The election inspectors or clerks attending the ballot scan- ner, ballot marking device, or privacy booth shall regularly inspect the face of the ballot scanner, ballot marking device, or the interior of the privacy booth to see that the ballot scanner, ballot marking device, or privacy booth has not been damaged or tampered with. During elections the door or other covering of the counter compartment of the machine shall not be unlocked or opened except by a member of the board of elections, a voting machine custodian or any other person upon the specific instructions of the board of elections. § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi- visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open- ing paragraph of paragraph (e) of subdivision 3 as amended by chapter 125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi- vision 3 as amended by chapter 164 of the laws of 2010, are amended to read as follows: 2. The voter shall give [his] THE VOTER'S name and [his] THE VOTER'S residence address to the inspectors. An inspector shall then loudly and distinctly announce the name and residence of the voter. 2-a. (a) If a voter's name appears in the LEDGER OR computer generated registration list with a notation indicating that the voter's identity was not yet verified as required by the federal Help America Vote Act, the inspector shall require that the voter produce one of the following types of identification before permitting the voter to cast his or her vote on the voting machine: (i) a driver's license or department of motor vehicles non-driver photo ID card or other current and valid photo identification; (ii) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. A. 2070 5 (b) If the voter produces an identification document listed in para- graph (a) of this subdivision, the inspector shall indicate so in the LEDGER OR computer generated registration list, the voter will be deemed verified as required by the federal Help America Vote Act and the voter shall be permitted to cast his or her vote on the voting machine. (c) If the voter does not produce an identification document listed in paragraph (a) of this subdivision, the voter shall only be entitled to vote by affidavit ballot unless a court order provides otherwise. 3. (a) If an applicant is challenged, the board, without delay, shall either enter his name in the second section of the challenge report together with the other entries required to be made in such section opposite the applicant's name or make an entry next to [his] THE VOTER'S name [on] IN the computer generated registration list or in the place provided [at the end of] IN the computer generated registration list. (b) A person who claims to have moved to a new address within the election district in which he OR SHE is registered to vote shall be permitted to vote in the same manner as other voters unless challenged on other grounds. The inspectors shall enter the names and new addresses of all such persons in either the first section of the challenge report or in the place provided [at the end of] IN the computer generated registration list and shall also enter the new address next to such person's address on such computer generated registration list. When the registration poll records of persons who have voted from new addresses within the same election district are returned to the board of elections, such board shall change the addresses on the face of such registration poll records without completely obliterating the old addresses and shall enter such new addresses and the new addresses for any such persons whose names were [on] IN computer generated registra- tion lists into its computer records for such persons. (c) A person who claims a changed name shall be permitted to vote in the same manner as other voters unless challenged on other grounds. The inspectors shall either enter the names of all such persons in the first section of the challenge report or in the place provided [at the end of] IN the computer generated registration list, in the form in which they are registered, followed in parentheses by the name as changed or enter the name as changed next to such voter's name on the computer generated registration list. The voter shall sign first on the registration poll record or [on] IN the computer generated registration list, the name under which the voter is registered and, immediately above it, the new name, provided that [on] IN such [a computer generated] registration list, the new name may be signed in the place provided [at the end of such list]. When the registration poll record of a person who has voted under a new name is returned to the board of elections, such board shall change [his] THE VOTER'S name on the face of each [of his] registration [records] RECORD without completely obliterating the old one, and there- after such person shall vote only under his OR HER new name. If a voter has signed a new name [on] IN a computer generated registration list, such board shall enter such voter's new name and new signature in such voter's computer record. (d) If an applicant requests assistance in voting and qualifies there- for, the board shall provide assistance as directed by this chapter, and shall without delay either enter such applicant's name and the other entries required in the third section of the challenge report or make an entry next to such applicant's name [on] IN the computer generated registration list or in the place provided [at the end of the computer generated] IN SUCH registration list. A. 2070 6 (e) Whenever a voter presents himself or herself and offers to cast a ballot, and he or she claims to live in the election district in which he or she seeks to vote but no registration poll record can be found for him or her in the poll ledger or his or her name does not appear [on] IN the computer generated registration list or his or her signature does not appear next to his or her name [on] IN such [computer generated] registration list or his or her registration poll record or the computer generated registration list does not show him or her to be enrolled in the party in which he or she claims to be enrolled, a poll clerk or election inspector shall consult a map, street finder or other description of all of the polling places and election districts within the political subdivision in which said election district is located and if necessary, contact the board of elections to obtain the relevant information and advise the voter of the correct polling place and election district for the residence address provided by the voter to such poll clerk or election inspector. Thereafter, such voter shall be permitted to vote in said election district only as hereinafter provided: (i) He OR SHE may present a court order requiring that he OR SHE be permitted to vote. At a primary election, such a court order must speci- fy the party in which the voter is permitted to vote. [He] THE VOTER shall be required to sign [his] THEIR full name on top of the first page of such order, together with [his] THE VOTER'S registration serial number, if any, and [his] THE VOTER'S name and the other entries required shall then be entered without delay in the fourth section of the challenge report or in the place provided [at the end of] IN the computer generated registration list, or, if such person's name appears on [the computer generated] SUCH registration list, the board of elections may provide a place to make such entry next to his OR HER name on such list. The voter shall then be permitted to vote in the manner otherwise prescribed for voters whose registration poll records are found in the ledger or whose names are found on the computer generated registration list; or (ii) He or she may swear to and subscribe an affidavit stating that he or she has duly registered to vote, the address in such election district from which he or she registered, that he or she remains a duly qualified voter in such election district, that his or her registration poll record appears to be lost or misplaced or that his or her name and/or his or her signature was omitted from the computer generated registration list or that he or she has moved within the county or city since he or she last registered, the address from which he or she was previously registered and the address at which he or she currently resides, and at a primary election, the party in which he or she is enrolled. The inspectors of election shall offer such an affidavit to each such voter whose residence address is in such election district. Each such affidavit shall be in a form prescribed by the state board of elections, shall be printed on an envelope of the size and quality used for an absentee ballot envelope, and shall contain an acknowledgment that the affiant understands that any false statement made therein is perjury punishable according to law. Such form prescribed by the state board of elections shall request information required to register such voter should the county board determine that such voter is not regis- tered and shall constitute an application to register to vote. The voter's name and the entries required shall then be entered without delay and without further inquiry in the fourth section of the challenge report or in the place provided [at the end of] IN the computer gener- A. 2070 7 ated registration list, with the notation that the voter has executed the affidavit hereinabove prescribed, or, if such person's name appears [on the computer generated] IN SUCH registration list, the board of elections may provide a place to make such entry next to his or her name [on] IN such list. The voter shall then, without further inquiry, be permitted to vote an affidavit ballot provided for by this chapter. Such ballot shall thereupon be placed in the envelope containing his or her affidavit, and the envelope sealed and returned to the board of elections in the manner provided by this chapter for protested official ballots, including a statement of the number of such ballots. 4. At a primary election, a voter whose registration poll record is in the ledger OR COMPUTER GENERATED REGISTRATION LIST shall be permitted to vote only in the primary of the party in which such record shows [him] THE VOTER to be enrolled unless [he] THE VOTER shall present a court order pursuant to the provisions of subparagraph (i) of paragraph (e) of subdivision three of this section requiring that [he] THE VOTER be permitted to vote in the primary of another party, or unless [he] THE VOTER shall present a certificate of enrollment issued by the board of elections, not earlier than one month before such primary election, pursuant to the provisions of this chapter which certifies that [he] THE VOTER is enrolled in a party other than the one in which such record shows [him] THE VOTER to be enrolled, or unless he OR SHE shall subscribe an affidavit pursuant to the provisions of subparagraph (ii) of paragraph (e) of subdivision three of this section. 5. Except for voters unable to sign their names, no person shall be permitted to vote without first identifying himself OR HERSELF as required by this chapter. § 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law, subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are amended to read as follows: 1. A person before being allowed to vote shall be required, except as provided in this chapter, to sign his OR HER name on the back of his OR HER registration poll record on the first line reserved for his OR HER signature at the time of election which is not filled with a previous signature, or [on the line of] IN THE SPACE PROVIDED IN the computer generated registration list reserved for [his] THE VOTER'S signature. The two inspectors in charge shall satisfy themselves by a comparison of this signature with [his] THE VOTER'S registration signature and by comparison of [his] THE VOTER'S appearance with the descriptive material on the face of the registration poll record that [he] THE VOTER is the person registered. If they are so satisfied they shall enter the other information required for the election on the same line with the voter's latest signature, shall sign their names or initials in the spaces provided therefor, and shall permit the applicant to vote. Any inspector or inspectors not satisfied shall challenge the applicant forthwith. 2. If a person who alleges [his] AN inability to sign his OR HER name presents himself OR HERSELF to vote, the board of inspectors shall permit [him] SUCH PERSON to vote, unless challenged on other grounds, provided [he] THE VOTER had been permitted to register without signing [his] THE VOTER'S name. The board shall enter the words "Unable to Sign" in the space on [his] THE VOTER'S registration poll record reserved for [his] THE VOTER'S signature or on the line [of] OR SPACE the computer generated registration list reserved for [his] THE VOTER'S signature at such election. If [his] THE VOTER'S signature appears upon [his] THE VOTER'S registration record or [upon] IN the computer generated regis- tration list the board shall challenge [him] THE VOTER forthwith, except A. 2070 8 that if such a person claims that he OR SHE is unable to sign his OR HER name by reason of a physical disability incurred since [his] THE VOTER'S registration, the board, if convinced of the existence of such disabili- ty, shall permit him OR HER to vote, shall enter the words "Unable to Sign" and a brief description of such disability in the space reserved for [his] THE VOTER'S signature at such election. At each subsequent election, if such disability still exists, [he] THE VOTER shall be enti- tled to vote without signing [his] THEIR name and the board of inspec- tors, without further notation, shall enter the words "Unable to Sign" in the space reserved for [his] THE VOTER'S signature at such election. 3. The voter's FACSIMILE signature [made by him upon registration and his signature made at subsequent elections] shall be effectively concealed from the voter by a blotter or [piece of opaque paper] OTHER MEANS until after the voter shall have completed [his] THE signature. § 10. Subdivision 3 of section 8-306 of the election law, as amended by chapter 154 of the laws of 1991, is amended to read as follows: 3. Any voter who requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of the employer or officer or agent of the voter's union. A voter enti- tled to assistance in voting who does not select a particular person may be assisted by two election inspectors not of the same political faith. The inspectors or person assisting a voter shall enter the voting machine or booth with [him] THE VOTER, help [him] THE VOTER in the prep- aration of [his] THE VOTER'S ballot and, if necessary, in the return of the voted ballot to the inspectors for deposit in the ballot box. The inspectors shall enter in the [remarks space on the registration poll card of an assisted voter, or next to the name of] SPACE PROVIDED FOR such voter [on] IN the computer generated registration list, the name of each officer or person rendering such assistance. § 11. Subdivision 2 of section 8-508 of the election law, as amended by chapter 200 of the laws of 1996, is amended to read as follows: 2. (a) The first section of such report shall be reserved for the inspectors of election to enter the name, address and registration seri- al number of each person who claims a change in name, or a change of address within the election district, together with the new name or address of each such person. In lieu of preparing section one of the challenge list, the board of elections may provide, next to the name of each voter [on] IN the computer generated registration list, a place for the inspectors of election to record the information required to be entered in such section one, or provide [at the end of such computer generated] ELSEWHERE IN SUCH registration list, a place for the inspec- tors of election to enter such information. (b) The second section of such report shall be reserved for the board of inspectors to enter the name, address and registration serial number of each person who is challenged on the day of election, together with the reason for the challenge. If no voters are challenged, the board of inspectors shall enter the words "No Challenges" across the space reserved for such names. In lieu of preparing section two of the chal- lenge report, the board of elections may provide, next to the name of each voter [on] IN the computer generated registration list, a place for the inspectors of election to record the information required to be entered in such section two, or provide [at the end of such computer generated] ELSEWHERE IN SUCH registration list, a place for the inspec- tors of election to enter such information. A. 2070 9 (c) The third section of such report shall be reserved for the board of inspectors to enter the name, address and registration serial number of each voter given assistance, together with the reason the voter was allowed assistance, the name of the person giving such assistance and his address if not an inspector. If no voters are given assistance, the board of inspectors shall enter the words "No Assistance" across the space reserved for such names. In lieu of providing section three of the challenge report, the board of elections may provide, next to the name of each voter [on] IN the computer generated registration list, a place for the inspectors of election to record the information required to be entered in such section three, or provide [at the end of such computer generated] ELSEWHERE IN SUCH registration list, a place for the inspec- tors of election to enter such information. (d) The fourth section of such report shall be reserved for the board of inspectors to enter the name, address and registration serial number of each person who was permitted to vote pursuant to a court order, or to vote on a paper ballot which was inserted in an affidavit envelope. If there are no such names, such board shall enter the word "None" across the space provided for such names. In lieu of providing section four of such report, the board of elections may provide, next to the name of each voter [on] IN the computer generated registration list, a place for the inspectors of election to record the information required to be entered in such section four, or provide [at the end of the computer generated] ELSEWHERE IN SUCH registration list, a place for the inspectors of election to enter such information. (e) At the foot of such report [and] OR at the end of any such comput- er generated registration list, IF APPLICABLE, shall be [printed] a certificate that such report OR LIST contains the names of all persons who were challenged on the day of election, and that each voter so reported as having been challenged took the oaths as required, that such report OR LIST contains the names of all voters to whom such board gave or allowed assistance and lists the nature of the disability which required such assistance to be given and the names and family relation- ship, if any, to the voter of the persons by whom such assistance was rendered; that each such assisted voter informed such board under oath that he required such assistance and that each person rendering such assistance took the required oath; that such report OR LIST contains the names of all voters who were permitted to vote although their registra- tion poll records were missing; that the entries made by such board are a true and accurate record of its proceedings with respect to the persons named in such report OR LIST. (f) Upon the return of such report [and] OR lists to the board of elections, it shall complete the investigation of voting qualifications of all persons named in the second section thereof or for whom entries were placed [on] IN such computer generated registration lists in lieu of the preparation of the second section of the challenge report, and shall forthwith proceed to cancel the registration of any person who, as noted upon such report, OR IN SUCH LIST, was challenged at such election and refused either to take a challenge oath or to answer any challenge question. (g) The state board of elections shall prescribe a form of challenge report for use pursuant to the provisions of this section. Such form may require the insertion of such other information as the state board shall deem appropriate. § 12. Section 8-510 of the election law, the section heading as amended by chapter 373 of the laws of 1978, subdivision 1 as amended by A. 2070 10 chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter 43 of the laws of 1988, is amended to read as follows: § 8-510. Challenge report; completion of and [closing of registration poll ledgers] PROCEDURE AFTER. 1. Immediately after the close of the polls the board of inspectors of election shall verify the entries which it has made on the challenge report or [at the end of the] IN THE SPACES PROVIDED IN THE computer generated registration list by comparing such entries with the information appearing on the registration poll records of the affected voters or the information appearing [next to the names of such voters on] IN THE SPACES PROVIDED IN the computer generated registration list. If it has made no entries in section two, three or four of such report it shall write across OR NOTE IN such section the words "No challenges", "No assistance" or "None", as the case may be, as directed in this chapter. 2. After completing such report the inspectors shall sign [the] A certificate [at the end of] IN THE SPACES PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR such report. 3. The inspectors shall place such completed report, and each court order, if any, directing that a person be permitted to vote, [inside a] IN THE SECURE CONTAINER PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR SUCH ledger of registration records or computer generated registration lists [between the front cover, and the first registration record] and then shall close and seal each ledger of registration records or comput- er generated registration lists, [affix their signature to the seal,] lock such ledger in the carrying case furnished for that purpose and enclose the keys in a sealed package or seal such list in the envelope provided for that purpose. § 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of subdivision 2 of section 9-209 of the election law, as amended by chap- ter 308 of the laws of 2011, are amended to read as follows: (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] PLACING his or her initials in the ["Inspector's Initials" line on the] SPACE PROVIDED IN 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] IN 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] SPACE as appropriate, and shall enter the year A. 2070 11 and month of the election on the same line in the spaces provided there- for. § 14. Subdivision 4 of section 11-206 of the election law, as amended by chapter 91 of the laws of 1992, is amended to read as follows: 4. The registration poll records of special federal voters shall be filed, in alphabetical order, by election district. At each election at which [the ballots of] special federal voters are [delivered to the inspectors of election in each election district] ELIGIBLE TO VOTE, the registration poll records of all special federal voters [eligible to vote at such election] shall be delivered to such inspectors of election together with the other registration poll records or the names of such voters shall be included [on] IN the computer generated registration list. Such records shall be delivered either in a separate poll ledger or a separate, clearly marked section, of the main poll ledger or [in a separate,] BE clearly marked[, section of] IN the computer generated registration list as the board of elections shall determine. § 15. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.
co-Sponsors
David Buchwald
Michael Blake
Sandy Galef
Thomas Abinanti
Clyde Vanel
Felix Ortiz
Donna Lupardo
Jo Anne Simon
Amy Paulin
Anthony D'Urso
Dan Quart
2019-A2070A (ACTIVE) - Details
2019-A2070A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2070--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
Introduced by M. of A. CUSICK, BUCHWALD, BLAKE, GALEF, ABINANTI, VANEL,
ORTIZ, LUPARDO, SIMON, PAULIN, D'URSO -- read once and referred to the
Committee on Election Law -- reported and referred to the Committee on
Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to authorizing computer
generated registration lists; in relation to the list of supplies to
be delivered to poll sites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1-104 of the election law is amended by adding a
new subdivision 38 to read as follows:
38. "COMPUTER GENERATED REGISTRATION LIST" MEANS A PRINTED OR ELEC-
TRONIC LIST OF VOTERS IN ALPHABETICAL ORDER FOR A SINGLE ELECTION
DISTRICT OR POLL SITE, GENERATED FROM A COMPUTER REGISTRATION FILE FOR
EACH ELECTION AND CONTAINING FOR EACH VOTER LISTED, A FACSIMILE OF THE
SIGNATURE OF THE VOTER. SUCH A LIST MAY BE IN A SINGLE VOLUME OR IN MORE
THAN ONE VOLUME. THE LIST MAY BE UTILIZED IN PLACE OF REGISTRATION POLL
RECORDS, TO ESTABLISH A PERSON'S ELIGIBILITY TO VOTE IN THE POLLING
PLACE ON ELECTION DAY.
(A) THE STATE BOARD OF ELECTIONS SHALL PROMULGATE MINIMUM SECURITY
STANDARDS FOR ANY ELECTRONIC DEVICE, AND ANY NETWORK OR SYSTEM TO WHICH
THE ELECTRONIC DEVICE IS CONNECTED, THAT IS USED TO STORE OR OTHERWISE
ACCESS A COMPUTER GENERATED REGISTRATION LIST, AND SHALL ALSO PROMULGATE
A LIST OF DEVICES THAT ARE APPROVED FOR USE. NO LOCAL BOARD OF ELECTIONS
SHALL BE PERMITTED TO USE SUCH A DEVICE UNLESS THE STATE BOARD OF
ELECTIONS HAS PREVIOUSLY APPROVED THE DEVICE FOR USE AND HAS CERTIFIED
THAT THE NETWORK OR SYSTEM TO WHICH THE ELECTRONIC DEVICE IS CONNECTED
IS COMPLIANT WITH THE MINIMUM SECURITY STANDARDS.
(B) THE MINIMUM SECURITY STANDARDS FOR SUCH DEVICES SHALL BE COMMENSU-
RATE WITH THE LEVEL OF SECURITY RISK APPLICABLE TO SUCH DEVICES AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05550-03-9 A. 2070--A 2 SHALL SPECIFICALLY TAKE INTO ACCOUNT ANY SECURITY RISK ASSOCIATED WITH VOTING EQUIPMENT-RELATED SUPPLY CHAINS IN ADDITION TO ANY OTHER APPLICA- BLE SECURITY RISK. (C) THE STATE BOARD OF ELECTIONS SHALL PROMULGATE MINIMUM REDUNDANCY PROCEDURES TO ENSURE A LIST OF REGISTRATION RECORDS IS AVAILABLE THAT PROVIDES NECESSARY INFORMATION IN A COMPRESSED FORMAT TO ENSURE VOTING CONTINUES IF THE ELECTRONIC COMPUTER GENERATED REGISTRATION SYSTEM BECOMES UNAVAILABLE FOR ANY POLL SITE OR ELECTION DISTRICT THAT UTILIZES SUCH AN ELECTRONIC COMPUTER GENERATED REGISTRATION LIST. § 2. Subdivision 1 of section 4-128 of the election law, as amended by chapter 125 of the laws of 2011, is amended to read as follows: 1. The board of elections of each county shall provide the requisite number of official and facsimile ballots, two cards of instruction to voters in the form prescribed by the state board of elections, at least one copy of the instruction booklet for inspectors, a sufficient number of maps, street finders or other descriptions of all of the polling places and election districts within the political subdivision in which the polling place is located to enable the election inspectors and poll clerks to determine the correct election district and polling place for each street address within the political subdivision in which the poll- ing place is located, distance markers, tally sheets and return blanks, pens, [black ink, or ball point pens with black ink,] pencils [having black lead], OR OTHER APPROPRIATE MARKING DEVICES, envelopes for the ballots of voters whose registration poll records are not in the ledger or whose names are not [on] IN the computer generated registration list, envelopes for returns, identification buttons, badges or emblems for the inspectors and clerks in the form prescribed by the state board of elections and such other articles of stationery as may be necessary for the proper conduct of elections, except that when a town, city or village holds an election not conducted by the board of elections, the clerk of such town, city or village, shall provide such official and facsimile ballots and the necessary blanks, supplies and stationery for such election. § 3. Subdivision c of section 4-132 of the election law, as amended by chapter 164 of the laws of 1985, is amended to read as follows: c. A booth or device in each election district for the use of voters marking ballots. Such booth or device shall be so constructed as to permit the voter to mark his OR HER ballot in secrecy and shall be furnished at all times with [a pencil having black lead only] AN APPRO- PRIATE MARKING DEVICE. § 4. Section 4-134 of the election law, the section heading as amended by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425 of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635 of the laws of 1990, is amended to read as follows: § 4-134. Preparation and delivery of ballots, supplies and equipment for use at elections. 1. The board of elections shall deliver, at its office, to the clerk of each town or city in the county, except the cities of New York, Buffalo and Rochester and to the clerk of each village in the county in which elections are conducted by the board of elections, by the Saturday before the primary, general, village or other election for which they are required: the official and sample ballots; ledgers prepared for delivery in the manner provided in subdivision two of this section and containing the registration poll records of all persons entitled to vote at such election in such town, city or village, or computer generated registration lists containing the names of all A. 2070--A 3 persons entitled to vote at such election in such town, city or village; challenge reports prepared as directed by this chapter; sufficient applications for registration by mail; sufficient ledger seals and other supplies and equipment required by this article to be provided by the board of elections for each polling place in such town, city or village. The town, city or village clerk shall call at the office of such board of elections at such time and receive such ballots, supplies and equip- ment. In the cities of New York, Buffalo and Rochester the board of elections shall cause such ballots, supplies and equipment to be deliv- ered to the board of inspectors of each election district approximately one-half hour before the opening of the polls for voting, and shall take receipts therefor. 2. The board of elections shall provide for each election district a ledger or ledgers containing the registration poll records or [printed] lists with computer generated facsimile signatures, of all persons enti- tled to vote in such election district at such election. Such ledgers shall be labelled, sealed, locked and transported in locked carrying cases. After leaving the board of elections no such carrying case shall be unlocked except at the time and in the manner provided in this chap- ter. 3. [Any envelope containing absentee voters' ballots on which the blanks have not been properly filled in shall be stamped to indicate the defect and shall be preserved by the board for at least one year after the receipt thereof. 4.] Each kind of official ballot shall be arranged in a package in the consecutive order of the numbers printed on the stubs thereof beginning with number one. All official and sample ballots for each election district shall be in separate sealed packages, clearly marked on the outside thereof, with the number and kind of ballots contained therein and indorsed with the designation of the election district for which they were prepared. The other supplies provided for each election district also shall be [inclosed] ENCLOSED in a sealed package, or pack- ages, with a label on the outside thereof showing the contents of each package. [5. Each town, city and village clerk receiving such packages shall cause all] 4. ALL such packages so received and marked for any election district [to] SHALL be delivered unopened and with the seals thereof unbroken to the inspectors of election of such election districts at least [one-half] ONE hour before the opening of the polls of such election therein, [and] WHO shall [take] GIVE a receipt therefor speci- fying the number and kind of packages delivered. [At the same time each such clerk shall cause to be delivered to such inspectors the equipment described in subdivision two of this section and shall cause a receipt to be taken therefor. 6.] 5. Town, city and village clerks required to provide official and sample ballots, registration records, seals, supplies and equipment, as described in this section, for town, city and village elections not conducted by the board of elections, shall in like manner, deliver them to the inspectors or presiding officers of the election at each polling place at which such meetings and elections are held, respectively, in like sealed packages marked on the outside in like manner, and shall take receipts therefor in like manner. § 5. Subdivision 1 of section 5-302 of the election law, as separately amended by chapter 164 and chapter 558 of the laws of 1985, is amended to read as follows: A. 2070--A 4 1. Before placing the registration poll record in the poll ledger OR IN THE COMPUTER GENERATED REGISTRATION LIST, the board shall enter in the space provided therefor [on the back of such registration poll record] the name of the party designated by the voter on his application form, provided such party continues to be a party as defined in this law. If such party ceases to be a party at any time, either before or after such enrollment is so entered, the enrollment of such voter shall be deemed to be blank and shall be entered as such until such voter files an application for change of enrollment pursuant to the provisions of this chapter. [In the city of New York the board shall also affix a gummed sticker of a different color for each party in a place on such registration poll record immediately adjacent to such entry.] The board shall enter the date of such entry and affix initials thereto in the space provided. § 6. Paragraph c of subdivision 3 of section 5-506 of the election law, as amended by chapter 659 of the laws of 1994, is amended to read as follows: c. The computer generated registration list prepared for each election in each election district shall be [printed by a printer] PREPARED IN A MANNER which meets or exceeds standards for clarity and speed of [reproduction] PRODUCTION established by the state board of elections, shall be in a form approved by such board, shall include the names of all voters eligible to vote in such election and shall be in alphabet- ical order, except that, at a primary election, the names of the voters enrolled in each political party may be placed in a separate part of the list or in a separate list, as the board of elections in its discretion, may determine. Such list shall contain, adjacent to each voter's name, OR IN A SPACE SO DESIGNATED, at least the following: street address, date of birth, party enrollment, year of registration, a computer reproduced facsimile of the voter's signature or an indication that the voter is unable to sign his name, a place for the voter to sign his name at such election and a place for the inspectors to mark the voting machine number, the public counter number [and] IF ANY, OR the number of any paper ballots given the voter. § 7. Subdivision 2 of section 8-202 of the election law, as amended by chapter 164 of the laws of 2010, is amended to read as follows: 2. The exterior of any ballot scanner, ballot marking device and privacy booth and every part of the polling place shall be in plain view of the election inspectors and watchers. The ballot scanners, ballot marking devices, and privacy booths shall be placed at least four feet from the table used by the inspectors in charge of the poll [books] LEDGER OR COMPUTER GENERATED REGISTRATION LIST. The guard-rail shall be at least three feet from the machine and the table used by the inspec- tors. The election inspectors shall not themselves be, or allow any other person to be, in any position or near any position, that will permit one to see or ascertain how a voter votes, or how he or she has voted nor shall they permit any other person to be less than three feet from the ballot scanner, ballot marking device, or privacy booth while occupied. The election inspectors or clerks attending the ballot scan- ner, ballot marking device, or privacy booth shall regularly inspect the face of the ballot scanner, ballot marking device, or the interior of the privacy booth to see that the ballot scanner, ballot marking device, or privacy booth has not been damaged or tampered with. During elections the door or other covering of the counter compartment of the machine shall not be unlocked or opened except by a member of the board of A. 2070--A 5 elections, a voting machine custodian or any other person upon the specific instructions of the board of elections. § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi- visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open- ing paragraph of paragraph (e) of subdivision 3 as amended by chapter 125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi- vision 3 as separately amended by chapters 3 and 6 of the laws of 2019, are amended to read as follows: 2. The voter shall give [his] THE VOTER'S name and [his] THE VOTER'S residence address to the inspectors. An inspector shall then loudly and distinctly announce the name and residence of the voter. 2-a. (a) If a voter's name appears in the LEDGER OR computer generated registration list with a notation indicating that the voter's identity was not yet verified as required by the federal Help America Vote Act, the inspector shall require that the voter produce one of the following types of identification before permitting the voter to cast his or her vote on the voting machine: (i) a driver's license or department of motor vehicles non-driver photo ID card or other current and valid photo identification; (ii) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. (b) If the voter produces an identification document listed in para- graph (a) of this subdivision, the inspector shall indicate so in the LEDGER OR computer generated registration list, the voter will be deemed verified as required by the federal Help America Vote Act and the voter shall be permitted to cast his or her vote on the voting machine. (c) If the voter does not produce an identification document listed in paragraph (a) of this subdivision, the voter shall only be entitled to vote by affidavit ballot unless a court order provides otherwise. 3. (a) If an applicant is challenged, the board, without delay, shall either enter his name in the second section of the challenge report together with the other entries required to be made in such section opposite the applicant's name or make an entry next to [his] THE VOTER'S name [on] IN the computer generated registration list or in the place provided [at the end of] IN the computer generated registration list. (b) A person who claims to have moved to a new address within the election district in which he OR SHE is registered to vote shall be permitted to vote in the same manner as other voters unless challenged on other grounds. The inspectors shall enter the names and new addresses of all such persons in either the first section of the challenge report or in the place provided [at the end of] IN the computer generated registration list and shall also enter the new address next to such person's address on such computer generated registration list. When the registration poll records of persons who have voted from new addresses within the same election district are returned to the board of elections, such board shall change the addresses on the face of such registration poll records without completely obliterating the old addresses and shall enter such new addresses and the new addresses for any such persons whose names were [on] IN computer generated registra- tion lists into its computer records for such persons. (c) A person who claims a changed name shall be permitted to vote in the same manner as other voters unless challenged on other grounds. The inspectors shall either enter the names of all such persons in the first section of the challenge report or in the place provided [at the end of] A. 2070--A 6 IN the computer generated registration list, in the form in which they are registered, followed in parentheses by the name as changed or enter the name as changed next to such voter's name on the computer generated registration list. The voter shall sign first on the registration poll record or [on] IN the computer generated registration list, the name under which the voter is registered and, immediately above it, the new name, provided that [on] IN such [a computer generated] registration list, the new name may be signed in the place provided [at the end of such list]. When the registration poll record of a person who has voted under a new name is returned to the board of elections, such board shall change [his] THE VOTER'S name on the face of each [of his] registration [records] RECORD without completely obliterating the old one, and there- after such person shall vote only under his OR HER new name. If a voter has signed a new name [on] IN a computer generated registration list, such board shall enter such voter's new name and new signature in such voter's computer record. (d) If an applicant requests assistance in voting and qualifies there- for, the board shall provide assistance as directed by this chapter, and shall without delay either enter such applicant's name and the other entries required in the third section of the challenge report or make an entry next to such applicant's name [on] IN the computer generated registration list or in the place provided [at the end of the computer generated] IN SUCH registration list. (e) Whenever a voter presents himself or herself and offers to cast a ballot, and he or she claims to live in the election district in which he or she seeks to vote but no registration poll record can be found for him or her in the poll ledger or his or her name does not appear [on] IN the computer generated registration list or his or her signature does not appear next to his or her name [on] IN such [computer generated] registration list or his or her registration poll record or the computer generated registration list does not show him or her to be enrolled in the party in which he or she claims to be enrolled, a poll clerk or election inspector shall consult a map, street finder or other description of all of the polling places and election districts within the political subdivision in which said election district is located and if necessary, contact the board of elections to obtain the relevant information and advise the voter of the correct polling place and election district for the residence address provided by the voter to such poll clerk or election inspector. Thereafter, such voter shall be permitted to vote in said election district only as hereinafter provided: (i) He OR SHE may present a court order requiring that he OR SHE be permitted to vote. At a primary election, such a court order must speci- fy the party in which the voter is permitted to vote. [He] THE VOTER shall be required to sign [his] THEIR full name on top of the first page of such order, together with [his] THE VOTER'S registration serial number, if any, and [his] THE VOTER'S name and the other entries required shall then be entered without delay in the fourth section of the challenge report or in the place provided [at the end of] IN the computer generated registration list, or, if such person's name appears on [the computer generated] SUCH registration list, the board of elections may provide a place to make such entry next to his OR HER name on such list. The voter shall then be permitted to vote in the manner otherwise prescribed for voters whose registration poll records are found in the ledger or whose names are found on the computer generated registration list; or A. 2070--A 7 (ii) He or she may swear to and subscribe an affidavit stating that he or she has duly registered to vote, the address in such election district from which he or she registered, that he or she remains a duly qualified voter in such election district, that his or her registration poll record appears to be lost or misplaced or that his or her name and/or his or her signature was omitted from the computer generated registration list or such record indicates the voter already voted when he or she did not do so or that he or she has moved within New York state since he or she last registered, the address from which he or she was previously registered and the address at which he or she currently resides, and at a primary election, the party in which he or she is enrolled. The inspectors of election shall offer such an affidavit to each such voter whose residence address is in such election district. Each such affidavit shall be in a form prescribed by the state board of elections, shall be printed on an envelope of the size and quality used for an absentee ballot envelope, and shall contain an acknowledgment that the affiant understands that any false statement made therein is perjury punishable according to law. Such form prescribed by the state board of elections shall request information required to register such voter should the county board determine that such voter is not regis- tered and shall constitute an application to register to vote. The voter's name and the entries required shall then be entered without delay and without further inquiry in the fourth section of the challenge report or in the place provided [at the end of] IN the computer gener- ated registration list, with the notation that the voter has executed the affidavit hereinabove prescribed, or, if such person's name appears [on the computer generated] IN SUCH registration list, the board of elections may provide a place to make such entry next to his or her name [on] IN such list. The voter shall then, without further inquiry, be permitted to vote an affidavit ballot provided for by this chapter. Such ballot shall thereupon be placed in the envelope containing his or her affidavit, and the envelope sealed and returned to the board of elections in the manner provided by this chapter for protested official ballots, including a statement of the number of such ballots. 4. At a primary election, a voter whose registration poll record is in the ledger OR COMPUTER GENERATED REGISTRATION LIST shall be permitted to vote only in the primary of the party in which such record shows [him] THE VOTER to be enrolled unless [he] THE VOTER shall present a court order pursuant to the provisions of subparagraph (i) of paragraph (e) of subdivision three of this section requiring that [he] THE VOTER be permitted to vote in the primary of another party, or unless [he] THE VOTER shall present a certificate of enrollment issued by the board of elections, not earlier than one month before such primary election, pursuant to the provisions of this chapter which certifies that [he] THE VOTER is enrolled in a party other than the one in which such record shows [him] THE VOTER to be enrolled, or unless he OR SHE shall subscribe an affidavit pursuant to the provisions of subparagraph (ii) of paragraph (e) of subdivision three of this section. 5. Except for voters unable to sign their names, no person shall be permitted to vote without first identifying himself OR HERSELF as required by this chapter. § 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law, subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are amended to read as follows: 1. A person before being allowed to vote shall be required, except as provided in this chapter, to sign his OR HER name on the back of his OR A. 2070--A 8 HER registration poll record on the first line reserved for his OR HER signature at the time of election which is not filled with a previous signature, or [on the line of] IN THE SPACE PROVIDED IN the computer generated registration list reserved for [his] THE VOTER'S signature. The two inspectors in charge shall satisfy themselves by a comparison of this signature with [his] THE VOTER'S registration signature and by comparison of [his] THE VOTER'S appearance with the descriptive material on the face of the registration poll record that [he] THE VOTER is the person registered. If they are so satisfied they shall enter the other information required for the election on the same line with the voter's latest signature, shall sign their names or initials in the spaces provided therefor, and shall permit the applicant to vote. Any inspector or inspectors not satisfied shall challenge the applicant forthwith. 2. If a person who alleges [his] AN inability to sign his OR HER name presents himself OR HERSELF to vote, the board of inspectors shall permit [him] SUCH PERSON to vote, unless challenged on other grounds, provided [he] THE VOTER had been permitted to register without signing [his] THE VOTER'S name. The board shall enter the words "Unable to Sign" in the space on [his] THE VOTER'S registration poll record reserved for [his] THE VOTER'S signature or on the line [of] OR SPACE the computer generated registration list reserved for [his] THE VOTER'S signature at such election. If [his] THE VOTER'S signature appears upon [his] THE VOTER'S registration record or [upon] IN the computer generated regis- tration list the board shall challenge [him] THE VOTER forthwith, except that if such a person claims that he OR SHE is unable to sign his OR HER name by reason of a physical disability incurred since [his] THE VOTER'S registration, the board, if convinced of the existence of such disabili- ty, shall permit him OR HER to vote, shall enter the words "Unable to Sign" and a brief description of such disability in the space reserved for [his] THE VOTER'S signature at such election. At each subsequent election, if such disability still exists, [he] THE VOTER shall be enti- tled to vote without signing [his] THEIR name and the board of inspec- tors, without further notation, shall enter the words "Unable to Sign" in the space reserved for [his] THE VOTER'S signature at such election. 3. The voter's FACSIMILE signature [made by him upon registration and his signature made at subsequent elections] shall be effectively concealed from the voter by a blotter or [piece of opaque paper] OTHER MEANS until after the voter shall have completed [his] THE signature. § 10. Subdivision 3 of section 8-306 of the election law, as amended by chapter 154 of the laws of 1991, is amended to read as follows: 3. Any voter who requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of the employer or officer or agent of the voter's union. A voter enti- tled to assistance in voting who does not select a particular person may be assisted by two election inspectors not of the same political faith. The inspectors or person assisting a voter shall enter the voting machine or booth with [him] THE VOTER, help [him] THE VOTER in the prep- aration of [his] THE VOTER'S ballot and, if necessary, in the return of the voted ballot to the inspectors for deposit in the ballot box. The inspectors shall enter in the [remarks space on the registration poll card of an assisted voter, or next to the name of] SPACE PROVIDED FOR such voter [on] IN the computer generated registration list, the name of each officer or person rendering such assistance. A. 2070--A 9 § 11. Subdivision 2 of section 8-508 of the election law, as amended by chapter 200 of the laws of 1996, paragraph (b) as amended by chapter 6 of the laws of 2019, is amended to read as follows: 2. (a) The first section of such report shall be reserved for the inspectors of election to enter the name, address and registration seri- al number of each person who claims a change in name, or a change of address within the election district, together with the new name or address of each such person. In lieu of preparing section one of the challenge list, the board of elections may provide, next to the name of each voter [on] IN the computer generated registration list, a place for the inspectors of election to record the information required to be entered in such section one, or provide [at the end of such computer generated] ELSEWHERE IN SUCH registration list, a place for the inspec- tors of election to enter such information. (b) The second section of such report shall be reserved for the board of inspectors to enter the name, address and registration serial number of each person who is challenged at the time of voting together with the reason for the challenge. If no voters are challenged, the board of inspectors shall enter the words "No Challenges" across the space reserved for such names. In lieu of preparing section two of the chal- lenge report, the board of elections may provide, next to the name of each voter [on] IN the computer generated registration list, a place for the inspectors of election to record the information required to be entered in such section two, or provide [at the end of such computer generated] ELSEWHERE IN SUCH registration list, a place for the inspec- tors of election to enter such information. (c) The third section of such report shall be reserved for the board of inspectors to enter the name, address and registration serial number of each voter given assistance, together with the reason the voter was allowed assistance, the name of the person giving such assistance and his address if not an inspector. If no voters are given assistance, the board of inspectors shall enter the words "No Assistance" across the space reserved for such names. In lieu of providing section three of the challenge report, the board of elections may provide, next to the name of each voter [on] IN the computer generated registration list, a place for the inspectors of election to record the information required to be entered in such section three, or provide [at the end of such computer generated] ELSEWHERE IN SUCH registration list, a place for the inspec- tors of election to enter such information. (d) The fourth section of such report shall be reserved for the board of inspectors to enter the name, address and registration serial number of each person who was permitted to vote pursuant to a court order, or to vote on a paper ballot which was inserted in an affidavit envelope. If there are no such names, such board shall enter the word "None" across the space provided for such names. In lieu of providing section four of such report, the board of elections may provide, next to the name of each voter [on] IN the computer generated registration list, a place for the inspectors of election to record the information required to be entered in such section four, or provide [at the end of the computer generated] ELSEWHERE IN SUCH registration list, a place for the inspectors of election to enter such information. (e) At the foot of such report [and] OR at the end of any such comput- er generated registration list, IF APPLICABLE, shall be [printed] a certificate that such report OR LIST contains the names of all persons who were challenged on the day of election, and that each voter so reported as having been challenged took the oaths as required, that such A. 2070--A 10 report OR LIST contains the names of all voters to whom such board gave or allowed assistance and lists the nature of the disability which required such assistance to be given and the names and family relation- ship, if any, to the voter of the persons by whom such assistance was rendered; that each such assisted voter informed such board under oath that he required such assistance and that each person rendering such assistance took the required oath; that such report OR LIST contains the names of all voters who were permitted to vote although their registra- tion poll records were missing; that the entries made by such board are a true and accurate record of its proceedings with respect to the persons named in such report OR LIST. (f) Upon the return of such report [and] OR lists to the board of elections, it shall complete the investigation of voting qualifications of all persons named in the second section thereof or for whom entries were placed [on] IN such computer generated registration lists in lieu of the preparation of the second section of the challenge report, and shall forthwith proceed to cancel the registration of any person who, as noted upon such report, OR IN SUCH LIST, was challenged at such election and refused either to take a challenge oath or to answer any challenge question. (g) The state board of elections shall prescribe a form of challenge report for use pursuant to the provisions of this section. Such form may require the insertion of such other information as the state board shall deem appropriate. § 12. Section 8-510 of the election law, the section heading as amended by chapter 373 of the laws of 1978, subdivision 1 as amended by chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter 43 of the laws of 1988, is amended to read as follows: § 8-510. Challenge report; completion of and [closing of registration poll ledgers] PROCEDURE AFTER. 1. Immediately after the close of the polls the board of inspectors of election shall verify the entries which it has made on the challenge report or [at the end of the] IN THE SPACES PROVIDED IN THE computer generated registration list by comparing such entries with the information appearing on the registration poll records of the affected voters or the information appearing [next to the names of such voters on] IN THE SPACES PROVIDED IN the computer generated registration list. If it has made no entries in section two, three or four of such report it shall write across OR NOTE IN such section the words "No challenges", "No assistance" or "None", as the case may be, as directed in this chapter. 2. After completing such report the inspectors shall sign [the] A certificate [at the end of] IN THE SPACES PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR such report. 3. The inspectors shall place such completed report, and each court order, if any, directing that a person be permitted to vote, [inside a] IN THE SECURE CONTAINER PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR SUCH ledger of registration records or computer generated registration lists [between the front cover, and the first registration record] and then shall close and seal each ledger of registration records or comput- er generated registration lists, [affix their signature to the seal,] lock such ledger in the carrying case furnished for that purpose and enclose the keys in a sealed package or seal such list in the envelope provided for that purpose. § 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of subdivision 2 of section 9-209 of the election law, as amended by chap- ter 308 of the laws of 2011, are amended to read as follows: A. 2070--A 11 (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] PLACING his or her initials in the ["Inspector's Initials" line on the] SPACE PROVIDED IN 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] IN 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] SPACE as appropriate, and shall enter the year and month of the election on the same line in the spaces provided there- for. § 14. Subdivision 4 of section 11-206 of the election law, as amended by chapter 91 of the laws of 1992, is amended to read as follows: 4. The registration poll records of special federal voters shall be filed, in alphabetical order, by election district. At each election at which [the ballots of] special federal voters are [delivered to the inspectors of election in each election district] ELIGIBLE TO VOTE, the registration poll records of all special federal voters [eligible to vote at such election] shall be delivered to such inspectors of election together with the other registration poll records or the names of such voters shall be included [on] IN the computer generated registration list. Such records shall be delivered either in a separate poll ledger or a separate, clearly marked section, of the main poll ledger or [in a separate,] BE clearly marked[, section of] IN the computer generated registration list as the board of elections shall determine. § 15. This act shall take effect immediately; provided, however, that the amendments to subparagraph (ii) of paragraph (e) of subdivision 3 of section 8-302 of the election law made by section eight of this act shall take effect on the same date and in the same manner as chapter 3 of the laws of 2019, takes effect.
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