S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3489
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 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.
              

                                                            LBD01583-01-9

 A. 3489                             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.
   § 2. This act shall take effect immediately.