S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7931
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2021
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law,  in  relation  to  the  canvassing  of
   absentee,  military  and special ballots and ballots cast in affidavit
   envelopes; and to repeal certain provisions of such law related there-
   to

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  9-209  of the election law is REPEALED and a new
 section 9-209 is added to read as follows:
   § 9-209. CANVASS  OF  ABSENTEE,  MILITARY  AND  SPECIAL  BALLOTS,  AND
 BALLOTS  CAST  IN  AFFIDAVIT ENVELOPES. BEFORE COMPLETING THE CANVASS OF
 VOTES CAST IN ANY PRIMARY, GENERAL, SPECIAL, OR OTHER ELECTION AT  WHICH
 VOTERS  ARE  REQUIRED  TO  SIGN  THEIR  REGISTRATION POLL RECORDS BEFORE
 VOTING, THE BOARD OF ELECTIONS SHALL PROCEED IN THE  MANNER  HEREINAFTER
 PRESCRIBED  TO  REVIEW, CAST AND CANVASS ANY ABSENTEE, MILITARY, SPECIAL
 PRESIDENTIAL, SPECIAL FEDERAL OR OTHER SPECIAL BALLOTS AND  ANY  BALLOTS
 CAST  IN  AFFIDAVIT ENVELOPES. EACH SUCH BALLOT SHALL BE RETAINED IN THE
 ORIGINAL ENVELOPE CONTAINING THE VOTER'S  AFFIDAVIT  AND  SIGNATURE,  IN
 WHICH IT IS DELIVERED TO THE BOARD OF ELECTIONS UNTIL SUCH TIME AS IT IS
 TO BE REVIEWED, IN ORDER TO BE CAST AND CANVASSED.
   1.  CENTRAL BOARD OF CANVASSERS. WITHIN FOUR DAYS OF THE RECEIPT OF AN
 ABSENTEE, MILITARY OR SPECIAL  BALLOT,  THE  BOARD  OF  ELECTIONS  SHALL
 DESIGNATE  ITSELF  OR SUCH OF ITS EMPLOYEES AS IT SHALL DEEM APPROPRIATE
 AS A SET OF POLL CLERKS TO REVIEW SUCH BALLOT ENVELOPES. THE  BOARD  MAY
 DESIGNATE  ADDITIONAL SETS OF POLL CLERKS AND IF IT DESIGNATES MORE THAN
 ONE SUCH SET SHALL APPORTION AMONG ALL SUCH SETS THE ELECTION  DISTRICTS
 FROM WHICH SUCH BALLOTS HAVE BEEN RECEIVED, PROVIDED THAT WHEN REVIEWING
 BALLOTS,  ALL  BALLOTS FROM A SINGLE ELECTION DISTRICT SHALL BE ASSIGNED
 TO A SINGLE SET OF CLERKS, AND THAT  EACH  SUCH  SET  SHALL  BE  DIVIDED
 EQUALLY BETWEEN REPRESENTATIVES OF THE TWO MAJOR POLITICAL PARTIES. EACH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11113-06-1

 A. 7931                             2
 
 SUCH  SET  OF  CLERKS  SHALL BE DEEMED A CENTRAL BOARD OF CANVASSERS FOR
 PURPOSES OF THIS SECTION.
   2.  REVIEW OF ABSENTEE, MILITARY AND SPECIAL BALLOT ENVELOPES.  WITHIN
 FOUR DAYS OF THE RECEIPT OF AN  ABSENTEE,  MILITARY  OR  SPECIAL  BALLOT
 BEFORE  THE  ELECTION,  AND  WITHIN  ONE  DAY OF RECEIPT ON OR AFTER THE
 ELECTION, EACH CENTRAL BOARD OF  CANVASSERS  SHALL  EXAMINE  THE  BALLOT
 AFFIRMATION ENVELOPES AS NEARLY AS PRACTICABLE IN THE FOLLOWING MANNER:
   (A)  IF  A PERSON WHOSE NAME IS ON A BALLOT ENVELOPE AS A VOTER IS NOT
 ON A REGISTRATION POLL RECORD, THE COMPUTER-GENERATED LIST OF REGISTERED
 VOTERS OR THE LIST OF SPECIAL PRESIDENTIAL VOTERS, OR  IF  THERE  IS  NO
 NAME  ON  THE  BALLOT ENVELOPE, OR IF THE BALLOT ENVELOPE WAS NOT TIMELY
 POSTMARKED  OR  RECEIVED,  OR  IF  THE  BALLOT  ENVELOPE  IS  COMPLETELY
 UNSEALED,  SUCH  BALLOT  ENVELOPE SHALL BE SET ASIDE UNOPENED FOR REVIEW
 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION WITH A  RELEVANT  NOTATION
 INDICATED  ON  THE  BALLOT  ENVELOPE  NOTWITHSTANDING  A SPLIT AMONG THE
 CENTRAL BOARD  OF  CANVASSERS  AS  TO  THE  INVALIDITY  OF  THE  BALLOT;
 PROVIDED,  HOWEVER,  IF THE BALLOT ENVELOPE IS COMPLETELY UNSEALED, SUCH
 VOTER SHALL RECEIVE NOTICE PURSUANT  TO  PARAGRAPH  (H)  OF  SUBDIVISION
 THREE OF THIS SECTION.
   (B)  IF  THERE IS MORE THAN ONE TIMELY 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 BALLOT
 ENVELOPE  BEARS  THE LATER DATE, THEN ALL SUCH BALLOT ENVELOPES SHALL BE
 REJECTED. WHEN THE BOARD OF ELECTIONS HAS  ISSUED  A  SECOND  BALLOT  IT
 SHALL  SET  ASIDE THE FIRST BALLOT UNOPENED TO PROVIDE THE VOTER TIME TO
 RETURN THE SECOND BALLOT.  NOTWITHSTANDING THE FOREGOING,  IF  A  BALLOT
 ENVELOPE FOR A VOTER WAS PREVIOUSLY REVIEWED AND OPENED, THEN THE SUBSE-
 QUENTLY RECEIVED BALLOT ENVELOPE SHALL BE SET ASIDE UNOPENED.
   (C)  IF  SUCH  PERSON  IS FOUND TO BE REGISTERED, THE CENTRAL BOARD OF
 CANVASSERS SHALL COMPARE THE SIGNATURE, IF ANY, ON EACH BALLOT  ENVELOPE
 WITH  THE SIGNATURE, IF ANY, ON THE REGISTRATION POLL RECORD, THE COMPU-
 TER-GENERATED LIST OF REGISTERED VOTERS, OR THE LIST OF  SPECIAL  PRESI-
 DENTIAL  VOTERS,  OF THE PERSON OF THE SAME NAME WHO REGISTERED FROM THE
 SAME ADDRESS. IF THE SIGNATURES ARE FOUND TO  CORRESPOND,  SUCH  CENTRAL
 BOARD  OF  CANVASSERS  SHALL CERTIFY THERETO IN A MANNER PROVIDED BY THE
 STATE BOARD OF ELECTIONS.
   (D) IF SUCH PERSON IS FOUND TO  BE  REGISTERED  AND  HAS  REQUESTED  A
 BALLOT, THE BALLOT ENVELOPE SHALL BE OPENED, THE BALLOT OR BALLOTS WITH-
 DRAWN,  UNFOLDED, STACKED FACE DOWN AND DEPOSITED IN A SECURE BALLOT BOX
 OR ENVELOPE. UPON SUCH PROCESSING OF  THE  BALLOT,  THE  VOTER'S  RECORD
 SHALL  BE  UPDATED  WITH  A  NOTATION  THAT INDICATES THAT THE VOTER HAS
 ALREADY VOTED IN SUCH ELECTION.  THE  BOARD  OF  ELECTIONS  SHALL  ADOPT
 PROCEDURES, CONSISTENT WITH REGULATIONS OF THE STATE BOARD OF ELECTIONS,
 TO  PREVENT  VOTERS FROM VOTING MORE THAN ONCE AND TO SECURE BALLOTS AND
 PREVENT PUBLIC RELEASE OF ELECTION RESULTS PRIOR TO ELECTION  DAY.  SUCH
 PROCEDURES  SHALL  BE  FILED  WITH THE STATE BOARD OF ELECTIONS AT LEAST
 NINETY DAYS BEFORE THEY SHALL BE EFFECTIVE.
   (E) 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 IN THE COMPUTER-GENERATED REGISTRATION LIST; IF NOT, THE
 BALLOT SHALL BE REJECTED WITHOUT INSPECTION OR UNFOLDING  AND  SHALL  BE
 RETURNED TO THE BALLOT ENVELOPE WHICH SHALL BE ENDORSED "NOT ENROLLED".
   (F)  IF  THE  CENTRAL BOARD OF CANVASSERS DETERMINES THAT A PERSON WAS
 ENTITLED TO VOTE AT SUCH ELECTION IT SHALL PREPARE  SUCH  BALLOT  TO  BE
 STACKED  FACE  DOWN  AND  DEPOSITED  IN  A SECURE BALLOT BOX OR ENVELOPE

 A. 7931                             3
 
 CONSISTENT WITH PARAGRAPH (D) OF THIS SUBDIVISION 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.
   (G)  IF  THE CENTRAL BOARD OF CANVASSERS SPLITS AS TO WHETHER A BALLOT
 IS VALID, IT SHALL PREPARE SUCH BALLOT TO BE CAST AND CANVASSED PURSUANT
 TO THIS SUBDIVISION.
   (H) AS EACH BALLOT ENVELOPE IS OPENED, IF ONE OR MORE OF THE DIFFERENT
 KINDS OF BALLOTS TO BE VOTED AT THE ELECTION ARE NOT FOUND THEREIN,  THE
 CENTRAL BOARD OF CANVASSERS, 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 BALLOT ENVELOPE
 SHALL BE REJECTED. WHEN THE REVIEW  OF  SUCH  BALLOTS  SHALL  HAVE  BEEN
 COMPLETED, THE CENTRAL BOARD OF CANVASSERS SHALL ASCERTAIN THE NUMBER OF
 SUCH BALLOTS OF EACH KIND WHICH HAVE BEEN DEPOSITED IN THE BALLOT BOX BY
 DEDUCTING  FROM THE NUMBER OF BALLOT ENVELOPES OPENED WITH THE NUMBER OF
 MISSING BALLOTS, AND SHALL MAKE A RETURN THEREOF. THE NUMBER OF  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.
   3. CURING BALLOTS.  (A) AT THE TIME A BALLOT AFFIRMATION  ENVELOPE  IS
 REVIEWED  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS SECTION, THE BOARD OF
 ELECTIONS SHALL DETERMINE WHETHER IT HAS A CURABLE DEFECT.
   (B) A CURABLE DEFECT INCLUDES INSTANCES WHERE THE BALLOT ENVELOPE: (I)
 IS UNSIGNED; (II) HAS A SIGNATURE THAT DOES NOT CORRESPOND TO THE REGIS-
 TRATION SIGNATURE; (III) HAS NO REQUIRED WITNESS  TO  A  MARK;  (IV)  IS
 RETURNED  WITHOUT  A BALLOT AFFIRMATION ENVELOPE IN THE RETURN ENVELOPE;
 (V) HAS A BALLOT AFFIRMATION ENVELOPE THAT IS SIGNED BY THE PERSON  THAT
 HAS  PROVIDED ASSISTANCE TO THE VOTER BUT IS NOT SIGNED OR MARKED BY THE
 VOTER; OR (VI) CONTAINS THE SIGNATURE OF SOMEONE OTHER  THAN  THE  VOTER
 AND NOT OF THE VOTER.
   (C)  THE  BOARD  SHALL  INDICATE  THE  ISSUE THAT MUST BE CURED ON THE
 BALLOT ENVELOPE AND, WITHIN ONE DAY OF SUCH DETERMINATION, SEND  TO  THE
 VOTER'S ADDRESS INDICATED IN THE REGISTRATION RECORDS AND, IF DIFFERENT,
 THE  MAILING  ADDRESS  INDICATED  ON  THE  BALLOT  APPLICATION, A NOTICE
 EXPLAINING THE REASON FOR SUCH REJECTION AND THE PROCEDURE TO  CURE  THE
 REJECTION.  THE  BOARD SHALL ALSO CONTACT THE VOTER BY EITHER ELECTRONIC
 MAIL OR TELEPHONE, IF SUCH INFORMATION IS AVAILABLE TO THE BOARD IN  THE
 VOTER'S  REGISTRATION  INFORMATION,  IN ORDER TO NOTIFY THE VOTER OF THE
 DEFICIENCY AND THE OPPORTUNITY AND THE PROCESS TO CURE THE DEFICIENCY.
   (D) THE VOTER MAY CURE THE AFORESAID DEFECTS BY FILING A  DULY  SIGNED
 AFFIRMATION  ATTESTING  TO  THE  SAME INFORMATION REQUIRED BY THE BALLOT
 AFFIRMATION ENVELOPE AND ATTESTING THAT THE SIGNER OF THE AFFIRMATION IS
 THE SAME PERSON WHO SUBMITTED SUCH  BALLOT  ENVELOPE.  THE  BOARD  SHALL
 INCLUDE  A  FORM  OF  SUCH AFFIRMATION WITH THE NOTICE TO THE VOTER. THE
 AFFIRMATION SHALL BE  IN  A  FORM  PRESCRIBED  BY  THE  STATE  BOARD  OF
 ELECTIONS.
   (E)  SUCH CURE AFFIRMATION SHALL BE FILED WITH THE BOARD NO LATER THAN
 SEVEN BUSINESS DAYS AFTER THE BOARD'S MAILING OF SUCH CURABLE  REJECTION
 NOTICE  OR THE DAY BEFORE THE ELECTION, WHICHEVER IS LATER. PROVIDED THE
 BOARD DETERMINES THAT SUCH AFFIRMATION ADDRESSES THE CURABLE DEFECT, THE
 REJECTED BALLOT SHALL BE REINSTATED AND PREPARED FOR CANVASSING PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION. IF THE BOARD OF ELECTIONS  IS  SPLIT
 AS  TO  THE  SUFFICIENCY OF THE CURE AFFIRMATION, SUCH ENVELOPE SHALL BE
 PREPARED FOR CANVASSING PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO  OF
 THIS SECTION.

 A. 7931                             4
 
   (F)  IF  THE BALLOT ENVELOPE CONTAINS ONE OR MORE CURABLE DEFECTS THAT
 HAVE NOT BEEN TIMELY CURED, THE BALLOT ENVELOPE SHALL BE SET  ASIDE  FOR
 REVIEW PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION.
   (G) BALLOT ENVELOPES ARE NOT INVALID AND DO NOT REQUIRE A CURE IF: (I)
 A BALLOT ENVELOPE IS UNDATED OR HAS THE WRONG DATE, PROVIDED IT IS POST-
 MARKED  ON  OR  PRIOR TO ELECTION DAY OR IS OTHERWISE RECEIVED TIMELY BY
 THE BOARD OF ELECTIONS; (II) THE  VOTER  SIGNED  OR  MARKED  THE  BALLOT
 AFFIRMATION  ENVELOPE  AT  A PLACE ON THE ENVELOPE OTHER THAN THE DESIG-
 NATED SIGNATURE LINE; (III) A VOTER USED A COMBINATION OF  INK  (OF  ANY
 COLOR)  OR  PENCIL TO COMPLETE THE BALLOT ENVELOPE; (IV) PAPERS FOUND IN
 THE BALLOT ENVELOPE WITH THE BALLOT ARE  MATERIALS  FROM  THE  BOARD  OF
 ELECTIONS,  SUCH  AS INSTRUCTIONS OR AN APPLICATION SENT BY THE BOARD OF
 ELECTIONS; (V) AN EXTRINSIC MARK OR TEAR ON THE BALLOT ENVELOPE  APPEARS
 TO  BE  THERE AS A RESULT OF THE ORDINARY COURSE OF MAILING OR TRANSMIT-
 TAL; OR (VI) THE BALLOT ENVELOPE IS PARTIALLY UNSEALED BUT THERE  IS  NO
 ABILITY TO ACCESS THE BALLOT.
   (H)  WHEN  THE  BOARD  OF  ELECTIONS  INVALIDATES A BALLOT AFFIRMATION
 ENVELOPE AND THE DEFECT IS NOT CURABLE, THE BALLOT ENVELOPE SHALL BE SET
 ASIDE FOR REVIEW PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION  AND  THE
 BOARD SHALL NOTIFY THE VOTER BY MAIL, SENT WITHIN THREE BUSINESS DAYS OF
 SUCH  REJECTION,  AND  BY  EITHER  ELECTRONIC MAIL OR TELEPHONE, IF SUCH
 INFORMATION IS AVAILABLE TO THE BOARD IN THE VOTER'S REGISTRATION INFOR-
 MATION, AND NOTIFY THE VOTER OF OTHER OPTIONS FOR VOTING, AND,  IF  TIME
 PERMITS, PROVIDE THE VOTER WITH A NEW BALLOT.
   (I)  IF  A  BALLOT  AFFIRMATION  ENVELOPE  IS RECEIVED BY THE BOARD OF
 ELECTIONS PRIOR TO THE ELECTION AND IS FOUND TO BE  COMPLETELY  UNSEALED
 AND  THUS INVALID, THE BOARD SHALL NOTIFY THE VOTER BY MAIL, SENT WITHIN
 THREE BUSINESS DAYS OF SUCH DETERMINATION, AND BY EITHER ELECTRONIC MAIL
 OR TELEPHONE, IF SUCH INFORMATION IS  AVAILABLE  TO  THE  BOARD  IN  THE
 VOTER'S  REGISTRATION INFORMATION, AND NOTIFY THE VOTER OF OTHER OPTIONS
 FOR VOTING, AND, IF TIME PERMITS, PROVIDE THE VOTER WITH A NEW BALLOT.
   4. REVIEW OF FEDERAL WRITE-IN ABSENTEE  BALLOTS.    (A)  SUCH  CENTRAL
 BOARD  OF  CANVASSERS SHALL REVIEW ANY FEDERAL WRITE-IN ABSENTEE BALLOTS
 VALIDLY CAST BY AN ABSENTEE VOTER, A MILITARY VOTER OR A SPECIAL FEDERAL
 VOTER FOR THE OFFICES OF PRESIDENT  AND  VICE-PRESIDENT,  UNITED  STATES
 SENATOR  AND  REPRESENTATIVE IN CONGRESS.  SUCH CENTRAL BOARD OF CANVAS-
 SERS SHALL ALSO REVIEW ANY FEDERAL  WRITE-IN  ABSENTEE  BALLOTS  VALIDLY
 CAST  BY A MILITARY VOTER FOR ALL QUESTIONS OR PROPOSALS, PUBLIC OFFICES
 OR PARTY POSITIONS FOR WHICH A MILITARY VOTER IS OTHERWISE  ELIGIBLE  TO
 VOTE AS PROVIDED IN SECTION 10-104 OF THIS CHAPTER.
   (B)  FEDERAL  WRITE-IN ABSENTEE BALLOTS SHALL BE DEEMED VALID ONLY IF:
 (I) AN APPLICATION FOR AN ABSENTEE, MILITARY OR SPECIAL  FEDERAL  BALLOT
 WAS  RECEIVED FROM THE ABSENTEE, MILITARY OR SPECIAL FEDERAL VOTER; (II)
 THE FEDERAL WRITE-IN  ABSENTEE  BALLOT  WAS  SUBMITTED  FROM  INSIDE  OR
 OUTSIDE  THE  UNITED  STATES  BY  A MILITARY VOTER OR WAS SUBMITTED FROM
 OUTSIDE THE UNITED STATES BY A SPECIAL FEDERAL VOTER; (III) SUCH  BALLOT
 IS  RECEIVED  BY  THE  BOARD  OF  ELECTIONS NOT LATER THAN THIRTEEN DAYS
 FOLLOWING THE DAY OF ELECTION OR SEVEN DAYS AFTER  A  PRIMARY  ELECTION;
 AND (IV) THE ABSENTEE, MILITARY OR SPECIAL FEDERAL BALLOT WHICH WAS SENT
 TO THE VOTER IS NOT RECEIVED BY THE BOARD OF ELECTIONS BY THE THIRTEENTH
 DAY  FOLLOWING  THE  DAY OF A GENERAL OR SPECIAL ELECTION OR THE SEVENTH
 DAY AFTER A PRIMARY ELECTION.
   (C) IF SUCH A FEDERAL  WRITE-IN  ABSENTEE  BALLOT  IS  RECEIVED  AFTER
 ELECTION  DAY,  THE ENVELOPE IN WHICH IT IS RECEIVED MUST CONTAIN: (I) A
 CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE OR A FOREIGN COUN-
 TRY'S POSTAL SERVICE; (II) A DATED ENDORSEMENT  OF  RECEIPT  BY  ANOTHER

 A. 7931                             5

 AGENCY  OF  THE UNITED STATES GOVERNMENT; OR (III) IF CAST BY A MILITARY
 VOTER, THE SIGNATURE AND DATE OF THE VOTER AND ONE WITNESS THERETO  WITH
 A  DATE  WHICH  IS  ASCERTAINED  TO  BE  NOT  LATER  THAN THE DAY OF THE
 ELECTION.
   (D)  IF SUCH A FEDERAL WRITE-IN ABSENTEE BALLOT CONTAINS THE NAME OF A
 PERSON OR PERSONS IN THE SPACE PROVIDED FOR A VOTE FOR ANY OFFICE,  SUCH
 BALLOT SHALL BE COUNTED AS A VOTE FOR SUCH PERSON OR PERSONS. A VOTE FOR
 A  PERSON WHO IS THE CANDIDATE OF A PARTY OR INDEPENDENT BODY EITHER FOR
 PRESIDENT OR VICE-PRESIDENT SHALL BE DEEMED TO BE A VOTE  FOR  BOTH  THE
 CANDIDATES OF SUCH PARTY OR INDEPENDENT BODY FOR SUCH OFFICES. IF SUCH A
 BALLOT  CONTAINS  THE  NAME  OF A PARTY OR INDEPENDENT BODY IN THE SPACE
 PROVIDED FOR A VOTE FOR ANY OFFICE, SUCH BALLOT SHALL BE DEEMED TO BE  A
 VOTE FOR THE CANDIDATE OR CANDIDATES, IF ANY, OF SUCH PARTY OR INDEPEND-
 ENT  BODY  FOR  SUCH OFFICE. IN THE CASE OF THE OFFICES OF PRESIDENT AND
 VICE-PRESIDENT A VOTE CAST FOR A CANDIDATE, EITHER DIRECTLY OR BY  WRIT-
 ING  IN THE NAME OF A PARTY OR INDEPENDENT BODY, SHALL ALSO BE DEEMED TO
 BE VOTES FOR THE ELECTORS SUPPORTING SUCH CANDIDATE.  ANY  ABBREVIATION,
 MISSPELLING OR OTHER MINOR VARIATION IN THE FORM OF THE NAME OF A CANDI-
 DATE  OR A PARTY OR INDEPENDENT BODY SHALL BE DISREGARDED IN DETERMINING
 THE VALIDITY OF THE BALLOT, IF THE VOTER'S INTENTION CAN BE ASCERTAINED.
   5. NOTHING IN THIS SECTION PROHIBITS A REPRESENTATIVE OF A  CANDIDATE,
 POLITICAL  PARTY,  OR INDEPENDENT BODY ENTITLED TO HAVE WATCHERS PRESENT
 AT THE POLLS IN ANY ELECTION DISTRICT IN THE BOARD'S  JURISDICTION  FROM
 OBSERVING, WITHOUT OBJECTION, THE REVIEW OF BALLOT ENVELOPES REQUIRED BY
 SUBDIVISIONS TWO, THREE AND FOUR OF THIS SECTION.
   6.  CASTING  AND CANVASSING OF ABSENTEE, MILITARY AND SPECIAL BALLOTS.
 (A) THE FOLLOWING PROVISIONS SHALL APPLY TO THE CASTING  AND  CANVASSING
 OF  ALL  VALID  BALLOTS  RECEIVED  BEFORE,  ON OR AFTER ELECTION DAY AND
 REVIEWED AND PREPARED PURSUANT TO SUBDIVISION TWO OF THIS  SECTION,  AND
 ALL  OTHER  PROVISIONS  OF  THIS  CHAPTER  WITH  RESPECT  TO CASTING AND
 CANVASSING SUCH BALLOTS WHICH ARE NOT INCONSISTENT WITH THIS SUBDIVISION
 SHALL BE APPLICABLE TO SUCH BALLOTS.
   (B) THE DAY BEFORE THE FIRST DAY OF EARLY VOTING, THE CENTRAL BOARD OF
 CANVASSERS SHALL SCAN ALL VALID BALLOTS PREVIOUSLY REVIEWED AND PREPARED
 PURSUANT TO THIS SECTION AS  NEARLY  AS  PRACTICABLE  IN  THE  FOLLOWING
 MANNER:
   (I) SUCH BALLOTS MAY BE SEPARATED INTO SECTIONS BEFORE BEING PLACED IN
 THE COUNTING MACHINE AND SCANNED;
   (II)  UPON COMPLETION OF THE SCANNING OF SUCH VALID BALLOTS, THE SCAN-
 NERS USED FOR SUCH PURPOSE SHALL BE SECURED, AND NO  TABULATION  OF  THE
 RESULTS  SHALL  OCCUR  UNTIL  ONE  HOUR BEFORE THE CLOSE OF THE POLLS ON
 ELECTION DAY.  ANY BALLOTS SCANNED DURING THIS PERIOD SHALL  BE  SECURED
 IN  THE  SAME  MANNER  AS  VOTED  BALLOTS CAST DURING EARLY VOTING OR ON
 ELECTION DAY.  THE BOARD OF ELECTIONS SHALL ADOPT PROCEDURES TO  PREVENT
 THE  PUBLIC  RELEASE  OF ELECTION RESULTS PRIOR TO THE CLOSE OF POLLS ON
 ELECTION DAY AND SUCH PROCEDURES SHALL  BE  CONSISTENT  WITH  THE  REGU-
 LATIONS  OF  THE  STATE  BOARD  OF ELECTIONS AND SHALL BE FILED WITH THE
 STATE BOARD OF ELECTIONS AT LEAST  NINETY  DAYS  BEFORE  THEY  SHALL  BE
 EFFECTIVE;
   (III) ANY VALID BALLOTS THAT CANNOT BE CAST ON A SCANNER SHALL BE HELD
 INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
 OF  POLLS  ON  ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL BE EXAMINED AND
 CANVASSED IN A MANNER CONSISTENT WITH SUBDIVISION TWO OF  SECTION  9-110
 OF THIS ARTICLE.
   (C)  AFTER THE CLOSE OF THE POLLS ON THE LAST DAY OF EARLY VOTING, THE
 CENTRAL BOARD OF CANVASSERS SHALL SCAN ALL VALID  BALLOTS  RECEIVED  AND

 A. 7931                             6
 
 PREPARED PURSUANT TO THIS SECTION, AND NOT PREVIOUSLY SCANNED ON THE DAY
 BEFORE  THE FIRST DAY OF EARLY VOTING, IN THE SAME MANNER AS PROVIDED IN
 PARAGRAPH (B) OF THIS SUBDIVISION USING THE SAME OR DIFFERENT SCANNERS.
   (D)  IN  CASTING AND CANVASSING SUCH BALLOTS, THE BOARD SHALL TAKE ALL
 MEASURES NECESSARY TO ENSURE THE PRIVACY OF VOTERS.
   (E) THE BOARD OF ELECTIONS MAY BEGIN TO OBTAIN TABULATED  RESULTS  FOR
 ALL  BALLOTS  PREVIOUSLY  SCANNED,  AS REQUIRED BY THIS SUBDIVISION, ONE
 HOUR BEFORE THE SCHEDULED CLOSE OF  POLLS  ON  ELECTION  DAY;  PROVIDED,
 HOWEVER, NO UNOFFICIAL TABULATIONS OF ELECTION RESULTS SHALL BE PUBLICLY
 ANNOUNCED  OR  RELEASED  IN ANY MANNER UNTIL AFTER THE CLOSE OF POLLS ON
 ELECTION DAY AT WHICH TIME SUCH TABULATIONS  SHALL  BE  ADDED  INTO  THE
 ELECTION NIGHT VOTE TOTALS.
   (F)  UPON COMPLETING THE CASTING AND CANVASSING OF ANY REMAINING VALID
 BALLOTS AS HEREINABOVE PROVIDED FOR ANY ELECTION DISTRICT,  THE  CENTRAL
 BOARD  OF  CANVASSERS  SHALL  THEREUPON, AS NEARLY AS PRACTICABLE IN THE
 MANNER PROVIDED IN THIS  ARTICLE  FOR  ABSENTEE,  MILITARY  AND  SPECIAL
 BALLOTS,  VERIFY THE NUMBER OF BALLOTS SO CAST, TALLY THE VOTES SO CAST,
 ADD SUCH TALLY TO THE PREVIOUS TALLY OF ALL VOTES CAST IN SUCH  ELECTION
 DISTRICT, AND RECORD THE RESULT.
   (G)  THE  RECORD  OF THE VOTE COUNTED BY EACH SCANNER AND MANUALLY FOR
 EACH CANDIDATE 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.
   7. POST-ELECTION REVIEW AND CANVASSING  OF  AFFIDAVIT  BALLOTS.    (A)
 WITHIN  FOUR BUSINESS DAYS OF THE ELECTION, THE BOARD OF ELECTIONS SHALL
 REVIEW ALL AFFIDAVIT BALLOTS CAST IN THE ELECTION.  IF THE CENTRAL BOARD
 OF CANVASSERS DETERMINES THAT A PERSON WAS  ENTITLED  TO  VOTE  AT  SUCH
 ELECTION  IT  SHALL  CAST  AND  CANVASS SUCH AFFIDAVIT BALLOT; PROVIDED,
 HOWEVER, IF THE BOARD OF ELECTIONS RECEIVES ONE OR MORE TIMELY  ABSENTEE
 BALLOTS  FROM  A VOTER WHO ALSO CAST AN AFFIDAVIT BALLOT AT A POLL SITE,
 THE LAST SUCH TIMELY ABSENTEE BALLOT RECEIVED SHALL BE CANVASSED AND THE
 AFFIDAVIT BALLOT SHALL BE SET ASIDE UNOPENED; AND PROVIDED FURTHER, IF A
 VOTER WAS ISSUED AN ABSENTEE BALLOT AND VOTES IN PERSON VIA AN AFFIDAVIT
 BALLOT AND THE BOARD DOES NOT RECEIVE SUCH ABSENTEE BALLOT, THE  AFFIDA-
 VIT  BALLOT  SHALL  BE  CANVASSED IF THE VOTER IS OTHERWISE QUALIFIED TO
 VOTE IN SUCH ELECTION.
   (B) AFFIDAVIT BALLOTS ARE VALID WHEN CAST AT A POLLING SITE  PERMITTED
 BY  LAW BY QUALIFIED VOTERS: (I) WHO MOVED WITHIN THE STATE AFTER REGIS-
 TERING; (II) WHO ARE IN INACTIVE STATUS; (III)  WHOSE  REGISTRATION  WAS
 INCORRECTLY  TRANSFERRED  TO  ANOTHER  ADDRESS  EVEN THOUGH THEY DID NOT
 MOVE; (IV) WHOSE REGISTRATION POLL RECORDS WERE MISSING ON  THE  DAY  OF
 SUCH  ELECTION; (V) WHO HAVE NOT HAD THEIR IDENTITY PREVIOUSLY VERIFIED;
 (VI) WHOSE REGISTRATION POLL RECORDS DID NOT SHOW THEM TO BE ENROLLED IN
 THE PARTY IN WHICH THEY ARE ENROLLED;  AND  (VII)  WHO  ARE  INCORRECTLY
 IDENTIFIED AS HAVING ALREADY VOTED.
   (C)  AFFIDAVIT  BALLOTS ARE VALID TO THE EXTENT THAT MINISTERIAL ERROR
 BY THE BOARD OF ELECTIONS OR ANY OF ITS  EMPLOYEES  CAUSED  SUCH  BALLOT
 ENVELOPE NOT TO BE VALID ON ITS FACE.
   (D)  IF  THE  CENTRAL BOARD OF CANVASSERS DETERMINES THAT A PERSON WAS
 ENTITLED TO VOTE AT SUCH ELECTION, THE BOARD SHALL CAST AND CANVASS SUCH
 AFFIDAVIT BALLOT 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 AND  REGARDLESS  OF  WHETHER
 THE VOTER'S NAME WAS IN THE REGISTRATION POLL RECORD.
   (E)  IF THE CENTRAL BOARD OF CANVASSERS FINDS THAT A VOTER SUBMITTED A
 VOTER REGISTRATION APPLICATION THROUGH THE ELECTRONIC VOTER REGISTRATION

 A. 7931                             7
 
 TRANSMITTAL SYSTEM PURSUANT TO TITLE EIGHT OF ARTICLE FIVE OF THIS CHAP-
 TER AND SIGNED THE AFFIDAVIT BALLOT, THE BOARD SHALL  CAST  AND  CANVASS
 SUCH  AFFIDAVIT  BALLOT  IF  THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN
 SUCH ELECTION.
   (F)  IF  THE  CENTRAL BOARD OF CANVASSERS DETERMINES THAT A PERSON WAS
 ENTITLED TO VOTE AT SUCH ELECTION, THE BOARD SHALL CAST AND CANVASS SUCH
 AFFIDAVIT BALLOT IF  SUCH  BOARD  FINDS  THAT  THE  VOTER  SUBSTANTIALLY
 COMPLIED  WITH  THE  REQUIREMENTS  OF THIS CHAPTER. FOR PURPOSES OF THIS
 PARAGRAPH, "SUBSTANTIALLY COMPLIED" SHALL MEAN THE BOARD  CAN  DETERMINE
 THE VOTER'S ELIGIBILITY BASED ON THE STATEMENT OF THE AFFIANT OR RECORDS
 OF THE BOARD.
   (G)  IF THE CENTRAL BOARD OF CANVASSERS FINDS THAT THE STATEWIDE VOTER
 REGISTRATION LIST SUPPLIES SUFFICIENT INFORMATION TO IDENTIFY  A  VOTER,
 FAILURE  BY  THE  VOTER  TO INCLUDE ON THE AFFIDAVIT BALLOT ENVELOPE THE
 ADDRESS WHERE SUCH VOTER WAS PREVIOUSLY REGISTERED SHALL NOT BE A  FATAL
 DEFECT AND THE BOARD SHALL CAST AND CANVASS SUCH AFFIDAVIT BALLOT.
   (H) IF THE CENTRAL BOARD OF CANVASSERS FINDS THAT THE VOTER REGISTERED
 OR  PRE-REGISTERED  TO VOTE FOR THE FIRST TIME PURSUANT TO TITLE NINE OF
 ARTICLE FIVE OF THIS CHAPTER AT LEAST TWENTY-FIVE DAYS BEFORE A PRIMARY,
 APPEARED AT SUCH PRIMARY ELECTION, AND INDICATED ON THE AFFIDAVIT BALLOT
 ENVELOPE THE INTENT TO ENROLL IN SUCH PARTY, THE AFFIDAVIT BALLOT  SHALL
 BE  CAST  AND  CANVASSED  IF THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN
 SUCH ELECTION.
   (I) WHEN THE CENTRAL BOARD OF CANVASSERS DETERMINES THAT AN  AFFIDAVIT
 BALLOT  IS  INVALID  DUE  TO A MISSING SIGNATURE ON THE AFFIDAVIT BALLOT
 ENVELOPE, OR BECAUSE THE SIGNATURE ON THE AFFIDAVIT BALLOT ENVELOPE DOES
 NOT CORRESPOND TO THE REGISTRATION  SIGNATURE,  SUCH  BALLOTS  SHALL  BE
 SUBJECT TO THE CURE PROCEDURE IN SUBDIVISION THREE OF THIS SECTION.
   (J)  AT  THE MEETING REQUIRED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
 EIGHT OF THIS SECTION, EACH CANDIDATE, POLITICAL PARTY, AND  INDEPENDENT
 BODY  SHALL  BE  ENTITLED  TO OBJECT TO THE BOARD OF ELECTIONS' DETERMI-
 NATION THAT AN AFFIDAVIT BALLOT IS INVALID. SUCH BALLOTS  SHALL  NOT  BE
 COUNTED  ABSENT  AN  ORDER OF THE COURT. IN NO EVENT MAY A COURT ORDER A
 BALLOT THAT HAS BEEN COUNTED TO BE UNCOUNTED.
   (K) THE BOARD OF ELECTIONS SHALL ENTER  INFORMATION  INTO  THE  BALLOT
 TRACKING SYSTEM, AS DEFINED IN SECTION 8-414 OF THIS CHAPTER, TO ALLOW A
 VOTER  WHO  CAST  A  BALLOT IN AN AFFIDAVIT ENVELOPE TO DETERMINE IF THE
 VOTE WAS COUNTED.
   8. POST-ELECTION REVIEW OF  INVALID  ABSENTEE,  MILITARY  AND  SPECIAL
 BALLOTS. (A) WITHIN FOUR BUSINESS DAYS OF THE  ELECTION,  THE  BOARD  OF
 ELECTIONS SHALL DESIGNATE ITSELF OR SUCH OF ITS EMPLOYEES TO  ACT  AS  A
 CENTRAL  BOARD  OF  CANVASSERS  AS  PROVIDED  IN SUBDIVISION ONE OF THIS
 SECTION  AND MEET TO REVIEW ABSENTEE, MILITARY AND SPECIAL BALLOTS DETER
 MINED TO BE INVALID PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
 SECTION, BALLOT ENVELOPES THAT WERE RETURNED TO THE BOARD AS UNDELIVERA-
 BLE, AND BALLOT ENVELOPES CONTAINING ONE OR MORE  CURABLE  DEFECTS  THAT
 HAVE NOT BEEN TIMELY CURED.
   (B) AT LEAST FIVE DAYS PRIOR TO THE TIME FIXED FOR SUCH  MEETING,  THE
 BOARD SHALL SEND NOTICE BY FIRST CLASS MAIL TO EACH CANDIDATE, POLITICAL
 PARTY, AND INDEPENDENT BODY ENTITLED TO HAVE HAD WATCHERS PRESENT AT THE
 POLLS IN ANY ELECTION DISTRICT IN THE BOARD'S JURISDICTION. SUCH  NOTICE
 SHALL STATE THE TIME AND PLACE FIXED BY THE BOARD FOR SUCH POST-ELECTION
 REVIEW.
   (C)  EACH  SUCH CANDIDATE, POLITICAL PARTY, AND INDEPENDENT BODY SHALL
 BE ENTITLED TO APPOINT SUCH NUMBER OF WATCHERS TO ATTEND    UPON    EACH
 CENTRAL  BOARD OF CANVASSERS AS THE CANDIDATE, POLITICAL PARTY, OR INDE-

 A. 7931                             8
 
 PENDENT BODY WAS ENTITLED TO APPOINT AT THE ELECTION  IN   ANY  ELECTION
 DISTRICT FOR WHICH THE CENTRAL BOARD OF CANVASSERS IS DESIGNATED TO ACT.
   (D) UPON ASSEMBLING AT THE TIME AND PLACE FIXED FOR SUCH MEETING, EACH
 CENTRAL BOARD OF CANVASSERS SHALL REVIEW THE BALLOT ENVELOPES DETERMINED
 TO BE INVALID AND SET ASIDE IN THE REVIEW REQUIRED BY SUBDIVISION TWO OF
 THIS  SECTION, BALLOT ENVELOPES THAT WERE RETURNED AS UNDELIVERABLE, AND
 BALLOT  ENVELOPES CONTAINING ONE OR MORE CURABLE DEFECTS  THAT  HAVE NOT
 BEEN TIMELY CURED.
   (E)  EACH  SUCH CANDIDATE, POLITICAL PARTY, AND INDEPENDENT BODY SHALL
 BE ENTITLED TO OBJECT TO THE BOARD OF ELECTIONS'  DETERMINATION  THAT  A
 BALLOT  IS INVALID. SUCH BALLOTS SHALL NOT BE COUNTED ABSENT AN ORDER OF
 THE  COURT. IN NO EVENT MAY A COURT ORDER A BALLOT THAT HAS BEEN COUNTED
 TO BE UNCOUNTED.
   9. STATE BOARD OF ELECTIONS;  POWERS  AND  DUTIES  FOR  CANVASSING  OF
 ABSENTEE,  MILITARY,  SPECIAL  AND AFFIDAVIT BALLOTS. THE STATE BOARD OF
 ELECTIONS SHALL PROMULGATE  RULES  AND  REGULATIONS  NECESSARY  FOR  THE
 IMPLEMENTATION  OF  THE PROVISIONS OF THIS SECTION. SUCH RULES AND REGU-
 LATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS TO  (A)  ENSURE
 AN  EFFICIENT  AND  FAIR REVIEW PROCESS THAT RESPECTS THE PRIVACY OF THE
 VOTER, (B) ENSURE THE SECURITY OF THE CENTRAL COUNT SCANNERS USED BEFORE
 ELECTION DAY, AND (C) ENSURE THAT  BALLOTS  CAST  AS  PROVIDED  IN  THIS
 SECTION ARE CANVASSED AND COUNTED AS IF CAST ON ELECTION DAY.
   §  2.  Section 9-211 of the election law, as amended by chapter 515 of
 the laws of 2015, subdivision 1 as amended by chapter 5 of the  laws  of
 2019, is amended to read as follows:
   §  9-211.  Audit  of voter verifiable audit records. 1. Within fifteen
 days after each general or special election, within thirteen days  after
 every  primary  election,  and  within  seven  days  after every village
 election conducted by the board of elections, the board of elections  or
 a  bipartisan  committee  appointed  by such board shall audit the voter
 verifiable audit records  from  three  percent  of  voting  machines  or
 systems  within  the  jurisdiction  of  such  board.  Such audits may be
 performed manually or via the use of any automated tool  authorized  for
 such  use  by the state board of elections which is independent from the
 voting system it is being used to  audit.  Voting  machines  or  systems
 shall  be  selected for audit through a random, manual process. At least
 five days prior to the time fixed for such selection process, the  board
 of  elections  shall  send notice by first class mail to each candidate,
 political party and independent body entitled to have had watchers pres-
 ent at the polls in any election district in such board's  jurisdiction.
 Such  notice  shall  state  the  time  and  place  fixed for such random
 selection process. The audit shall be conducted in the same  manner,  to
 the  extent  applicable,  as a canvass of paper ballots. Each candidate,
 political party or independent body  entitled  to  appoint  watchers  to
 attend  at  a  polling place shall be entitled to appoint such number of
 watchers to observe the audit.
   2. WITHIN THREE DAYS OF ANY ELECTION, THE  BOARD  OF  ELECTIONS  OR  A
 BIPARTISAN  COMMITTEE  APPOINTED  BY  SUCH BOARD SHALL AUDIT THE CENTRAL
 COUNT BALLOT SCANNERS BY AUDITING THE  BALLOTS  FROM  THREE  PERCENT  OF
 ELECTION  DISTRICTS  THAT  WERE  TABULATED  BY  SUCH SCANNERS WITHIN THE
 JURISDICTION OF SUCH BOARD BY THAT TIME. ALL PROVISIONS OF THIS  SECTION
 SHALL  OTHERWISE  APPLY  TO SUCH AUDIT. TO THE EXTENT ADDITIONAL BALLOTS
 ARE TABULATED THROUGH CENTRAL COUNT BALLOT SCANNERS  AFTER  THE  INITIAL
 AUDIT,  THREE  PERCENT OF ELECTION DISTRICTS SHALL THEREAFTER BE AUDITED
 AS TO THE ADDITIONAL BALLOTS TABULATED. THE CERTIFICATION OF THE CANVASS
 SHALL NOT AWAIT THE  COMPLETION  OF  SUCH  ADDITIONAL  AUDIT;  PROVIDED,

 A. 7931                             9
 
 HOWEVER,  IF  UPON  THE COMPLETION OF SUCH ADDITIONAL AUDIT THE CRITERIA
 ARE MET FOR THE RESULTS OF THE AUDIT TO REPLACE  THE  CANVASS  THEN  THE
 BOARD  OF CANVASSERS SHALL FORTHWITH RECONVENE AND ADJUST THE CANVASS AS
 REQUIRED.
   3.  The  audit  tallies  for  each  voting  machine or system shall be
 compared to the tallies recorded by such voting machine or system, and a
 report shall be made of such comparison which  shall  be  filed  in  the
 office of the state board of elections.
   [3.]  4. The state board of elections shall, in accordance with subdi-
 vision four of section 3-100 of  this  chapter,  promulgate  regulations
 establishing  a  uniform  statewide  standard  to  be  used by boards of
 elections to determine when a discrepancy between the audit tallies  and
 the voting machine or system tallies shall require a further voter veri-
 fiable  record  audit  of  additional  voting  machines  or systems or a
 complete audit of all machines or systems within the jurisdiction  of  a
 board  of  elections. Any board of elections shall be empowered to order
 that any such audit shall be conducted  whenever  any  such  discrepancy
 exists.
   [4.]  5.  If  a complete audit shall be conducted, the results of such
 audit shall be used by the canvassing board in making the  statement  of
 canvass  and determinations of persons elected and propositions rejected
 or approved. The results of a  partial  voter  verifiable  record  audit
 shall not be used in lieu of voting machine or system tallies.
   [5.]  6. Notwithstanding subdivision four of this section, if a voting
 machine or system is found to have failed to record votes  in  a  manner
 indicating an operational failure, the board of canvassers shall use the
 voter  verifiable  audit  records  to  determine  the votes cast on such
 machine or system, provided such records were not also impaired  by  the
 operational failure of the voting machine or system.
   § 3. Subdivision 5 of section 7-122 of the election law, as amended by
 chapter 411 of the laws of 2019, is amended to read as follows:
   5.  There  shall  also  be  a  place  for two board of elections staff
 members or inspectors of opposite  political  parties  to  indicate,  by
 placing  their  initials  thereon, that they have checked and marked the
 voter's poll record AND A BOX  LABELED  "BOE  USE  ONLY"  FOR  NOTATIONS
 REQUIRED  WHEN  THE BOARD OF ELECTIONS REVIEWS AFFIRMATION BALLOT ENVEL-
 OPES PURSUANT TO SECTION 9-209 OF THIS CHAPTER.
   § 4. Subdivision 2-a of section 8-302 of the election  law  is  renum-
 bered  subdivision  2-b  and  a  new subdivision 2-a is added to read as
 follows:
   2-A. IF A VOTER'S NAME APPEARS IN THE  LEDGER  OR  COMPUTER  GENERATED
 REGISTRATION LIST WITH A NOTATION INDICATING THAT THE BOARD OF ELECTIONS
 HAS ISSUED THE VOTER AN ABSENTEE, MILITARY OR SPECIAL BALLOT, SUCH VOTER
 SHALL  NOT  BE  PERMITTED TO VOTE ON A VOTING MACHINE AT AN EARLY VOTING
 SITE OR ON ELECTION DAY BUT MAY VOTE BY AFFIDAVIT BALLOT.
   § 5. Subdivisions 1, 4 and 5 of section 16-106 of  the  election  law,
 subdivision 1 as amended by chapter 659 of the laws of 1994, subdivision
 5  as amended by chapter 359 of the laws of 1989, are amended to read as
 follows:
   1. The [casting or canvassing or] POST-ELECTION refusal to  cast:  (A)
 challenged  ballots,  blank  ballots,  OR void [or canvass] BALLOTS; (B)
 absentee, military, special [federal], OR federal write-in [or] BALLOTS;
 (C) emergency ballots; and (D) ballots voted in affidavit envelopes  [by
 persons  whose registration poll records were not in the ledger or whose
 names were not on the computer generated registration list on the day of
 election or voters in inactive status, voters who moved to a new address

 A. 7931                            10

 in the city or county or after they registered or voters who claimed  to
 be  enrolled in a party other than that shown on their registration poll
 record or on the computer generated registration list and  the  original
 applications for a military, special federal, federal write-in, emergen-
 cy  or  absentee voter's ballot] may be contested in a proceeding insti-
 tuted in the supreme or county court, by any candidate or  the  chairman
 of  any party committee, and by any voter with respect to the refusal to
 cast such voter's ballot, against the board of canvassers of the returns
 from such district, if any, and otherwise against the board  of  inspec-
 tors  of  election  of  such  district. If the court determines that the
 person who cast such ballot was entitled to vote at  such  election,  it
 shall order such ballot to be cast and canvassed, INCLUDING if the court
 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.
   4. The court SHALL ENSURE THE STRICT AND UNIFORM  APPLICATION  OF  THE
 ELECTION  LAW AND SHALL NOT PERMIT OR REQUIRE THE ALTERING OF THE SCHED-
 ULE OR PROCEDURES IN SECTION 9-209 OF THIS  CHAPTER  BUT  may  direct  a
 recanvass  or the correction of an error, or the performance of any duty
 imposed by [law] THIS CHAPTER on such a state,  county,  city,  town  or
 village board of inspectors, or canvassers.
   5.  IN  THE  EVENT  PROCEDURAL  IRREGULARITIES  OR OTHER FACTS ARISING
 DURING THE ELECTION SUGGEST A CHANGE OR ALTERING OF THE  CANVASS  SCHED-
 ULE, AS PROVIDED FOR IN SECTION 9-209 OF THIS CHAPTER, MAY BE WARRANTED,
 A  CANDIDATE  MAY  SEEK AN ORDER FOR TEMPORARY OR PRELIMINARY INJUNCTIVE
 RELIEF OR AN IMPOUND ORDER HALTING OR ALTERING THE  CANVASSING  SCHEDULE
 OF  ABSENTEE,  MILITARY,  SPECIAL  OR  AFFIDAVIT  BALLOTS. UPON ANY SUCH
 APPLICATION, THE BOARD OR BOARDS OF ELECTIONS HAVE A RIGHT TO BE  HEARD.
 TO  OBTAIN SUCH RELIEF, THE PETITIONER MUST MEET THE CRITERIA IN ARTICLE
 SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES AND SHOW  BY  CLEAR  AND
 CONVINCING EVIDENCE, THAT, BECAUSE OF PROCEDURAL IRREGULARITIES OR OTHER
 FACTS  ARISING  DURING  THE ELECTION, THE PETITIONER WILL BE IRREPARABLY
 HARMED ABSENT SUCH RELIEF. FOR THE PURPOSES OF THIS SECTION, ALLEGATIONS
 THAT OPINION POLLS SHOW THAT AN ELECTION IS  CLOSE  IS  INSUFFICIENT  TO
 SHOW IRREPARABLE HARM TO A PETITIONER BY CLEAR AND CONVINCING EVIDENCE.
   6.  A proceeding under subdivisions one and three of this section must
 be instituted within twenty days and under subdivision two, within thir-
 ty days after the election or alleged erroneous  statement  or  determi-
 nation  was  made,  or  the  time when the board shall have acted in the
 particulars as to which it is claimed to  have  failed  to  perform  its
 duty,  except  that such a proceeding with respect to a village election
 must be instituted within  ten  days  after  such  election,  statement,
 determination or action.
   § 6. Subdivision 4 of section 17-126 of the election law is amended to
 read as follows:
   4.  Before the closing of the polls, unfolds a ballot that a voter has
 prepared for voting, EXCEPT AS PROVIDED IN SECTION 9-209 OF  THIS  CHAP-
 TER, is guilty of a misdemeanor.
   §  7. Subdivisions 18, 20 and 21 of section 17-130 of the election law
 are amended to read as follows:
   18. Not being lawfully authorized, makes or has in  his  possession  a
 key  to  a  voting  [maching] MACHINE which has been adopted and will be
 used in elections; or,
   20. Intentionally opens [an absentee] A  voter's  BALLOT  envelope  or
 examines  the  contents thereof after the receipt of the envelope by the
 board of elections and before the close of the  polls  at  the  election
 EXCEPT AS PROVIDED IN SECTION 9-209 OF THIS CHAPTER; or,

 A. 7931                            11
 
   21.  [Wilfully]  WILLFULLY disobeys any lawful command of the board of
 inspectors, or any member thereof; or,
   §  8.  This  act  shall take effect January 1, 2022 and shall apply to
 elections held on or after such date; provided, however, that  paragraph
 (h)  of  subdivision 7 of section 9-209 of the election law, as added by
 section one of this act, shall take effect January 1, 2023.