Bill Text: NY A02070 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes counties to employ computer generated registration lists; updates the list of supplies to be delivered to poll sites.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2019-04-09 - enacting clause stricken [A02070 Detail]
Download: New_York-2019-A02070-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2070--A 2019-2020 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 1-104 of the election law is amended by adding a 2 new subdivision 38 to read as follows: 3 38. "Computer generated registration list" means a printed or elec- 4 tronic list of voters in alphabetical order for a single election 5 district or poll site, generated from a computer registration file for 6 each election and containing for each voter listed, a facsimile of the 7 signature of the voter. Such a list may be in a single volume or in more 8 than one volume. The list may be utilized in place of registration poll 9 records, to establish a person's eligibility to vote in the polling 10 place on election day. 11 (a) The state board of elections shall promulgate minimum security 12 standards for any electronic device, and any network or system to which 13 the electronic device is connected, that is used to store or otherwise 14 access a computer generated registration list, and shall also promulgate 15 a list of devices that are approved for use. No local board of elections 16 shall be permitted to use such a device unless the state board of 17 elections has previously approved the device for use and has certified 18 that the network or system to which the electronic device is connected 19 is compliant with the minimum security standards. 20 (b) The minimum security standards for such devices shall be commensu- 21 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. LBD05550-03-9A. 2070--A 2 1 shall specifically take into account any security risk associated with 2 voting equipment-related supply chains in addition to any other applica- 3 ble security risk. 4 (c) The state board of elections shall promulgate minimum redundancy 5 procedures to ensure a list of registration records is available that 6 provides necessary information in a compressed format to ensure voting 7 continues if the electronic computer generated registration system 8 becomes unavailable for any poll site or election district that utilizes 9 such an electronic computer generated registration list. 10 § 2. Subdivision 1 of section 4-128 of the election law, as amended by 11 chapter 125 of the laws of 2011, is amended to read as follows: 12 1. The board of elections of each county shall provide the requisite 13 number of official and facsimile ballots, two cards of instruction to 14 voters in the form prescribed by the state board of elections, at least 15 one copy of the instruction booklet for inspectors, a sufficient number 16 of maps, street finders or other descriptions of all of the polling 17 places and election districts within the political subdivision in which 18 the polling place is located to enable the election inspectors and poll 19 clerks to determine the correct election district and polling place for 20 each street address within the political subdivision in which the poll- 21 ing place is located, distance markers, tally sheets and return blanks, 22 pens, [black ink, or ball point pens with black ink,] pencils [having23black lead], or other appropriate marking devices, envelopes for the 24 ballots of voters whose registration poll records are not in the ledger 25 or whose names are not [on] in the computer generated registration list, 26 envelopes for returns, identification buttons, badges or emblems for the 27 inspectors and clerks in the form prescribed by the state board of 28 elections and such other articles of stationery as may be necessary for 29 the proper conduct of elections, except that when a town, city or 30 village holds an election not conducted by the board of elections, the 31 clerk of such town, city or village, shall provide such official and 32 facsimile ballots and the necessary blanks, supplies and stationery for 33 such election. 34 § 3. Subdivision c of section 4-132 of the election law, as amended by 35 chapter 164 of the laws of 1985, is amended to read as follows: 36 c. A booth or device in each election district for the use of voters 37 marking ballots. Such booth or device shall be so constructed as to 38 permit the voter to mark his or her ballot in secrecy and shall be 39 furnished at all times with [a pencil having black lead only] an appro- 40 priate marking device. 41 § 4. Section 4-134 of the election law, the section heading as amended 42 by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by 43 chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425 44 of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635 45 of the laws of 1990, is amended to read as follows: 46 § 4-134. Preparation and delivery of ballots, supplies and equipment 47 for use at elections. 1. The board of elections shall deliver, at its 48 office, to the clerk of each town or city in the county, except the 49 cities of New York, Buffalo and Rochester and to the clerk of each 50 village in the county in which elections are conducted by the board of 51 elections, by the Saturday before the primary, general, village or other 52 election for which they are required: the official and sample ballots; 53 ledgers prepared for delivery in the manner provided in subdivision two 54 of this section and containing the registration poll records of all 55 persons entitled to vote at such election in such town, city or village, 56 or computer generated registration lists containing the names of allA. 2070--A 3 1 persons entitled to vote at such election in such town, city or village; 2 challenge reports prepared as directed by this chapter; sufficient 3 applications for registration by mail; sufficient ledger seals and other 4 supplies and equipment required by this article to be provided by the 5 board of elections for each polling place in such town, city or village. 6 The town, city or village clerk shall call at the office of such board 7 of elections at such time and receive such ballots, supplies and equip- 8 ment. In the cities of New York, Buffalo and Rochester the board of 9 elections shall cause such ballots, supplies and equipment to be deliv- 10 ered to the board of inspectors of each election district approximately 11 one-half hour before the opening of the polls for voting, and shall take 12 receipts therefor. 13 2. The board of elections shall provide for each election district a 14 ledger or ledgers containing the registration poll records or [printed] 15 lists with computer generated facsimile signatures, of all persons enti- 16 tled to vote in such election district at such election. Such ledgers 17 shall be labelled, sealed, locked and transported in locked carrying 18 cases. After leaving the board of elections no such carrying case shall 19 be unlocked except at the time and in the manner provided in this chap- 20 ter. 21 3. [Any envelope containing absentee voters' ballots on which the22blanks have not been properly filled in shall be stamped to indicate the23defect and shall be preserved by the board for at least one year after24the receipt thereof.254.] Each kind of official ballot shall be arranged in a package in the 26 consecutive order of the numbers printed on the stubs thereof beginning 27 with number one. All official and sample ballots for each election 28 district shall be in separate sealed packages, clearly marked on the 29 outside thereof, with the number and kind of ballots contained therein 30 and indorsed with the designation of the election district for which 31 they were prepared. The other supplies provided for each election 32 district also shall be [inclosed] enclosed in a sealed package, or pack- 33 ages, with a label on the outside thereof showing the contents of each 34 package. 35 [5. Each town, city and village clerk receiving such packages shall36cause all] 4. All such packages so received and marked for any election 37 district [to] shall be delivered unopened and with the seals thereof 38 unbroken to the inspectors of election of such election districts at 39 least [one-half] one hour before the opening of the polls of such 40 election therein, [and] who shall [take] give a receipt therefor speci- 41 fying the number and kind of packages delivered. [At the same time each42such clerk shall cause to be delivered to such inspectors the equipment43described in subdivision two of this section and shall cause a receipt44to be taken therefor.456.] 5. Town, city and village clerks required to provide official and 46 sample ballots, registration records, seals, supplies and equipment, as 47 described in this section, for town, city and village elections not 48 conducted by the board of elections, shall in like manner, deliver them 49 to the inspectors or presiding officers of the election at each polling 50 place at which such meetings and elections are held, respectively, in 51 like sealed packages marked on the outside in like manner, and shall 52 take receipts therefor in like manner. 53 § 5. Subdivision 1 of section 5-302 of the election law, as separately 54 amended by chapter 164 and chapter 558 of the laws of 1985, is amended 55 to read as follows:A. 2070--A 4 1 1. Before placing the registration poll record in the poll ledger or 2 in the computer generated registration list, the board shall enter in 3 the space provided therefor [on the back of such registration poll4record] the name of the party designated by the voter on his application 5 form, provided such party continues to be a party as defined in this 6 law. If such party ceases to be a party at any time, either before or 7 after such enrollment is so entered, the enrollment of such voter shall 8 be deemed to be blank and shall be entered as such until such voter 9 files an application for change of enrollment pursuant to the provisions 10 of this chapter. [In the city of New York the board shall also affix a11gummed sticker of a different color for each party in a place on such12registration poll record immediately adjacent to such entry.] The board 13 shall enter the date of such entry and affix initials thereto in the 14 space provided. 15 § 6. Paragraph c of subdivision 3 of section 5-506 of the election 16 law, as amended by chapter 659 of the laws of 1994, is amended to read 17 as follows: 18 c. The computer generated registration list prepared for each election 19 in each election district shall be [printed by a printer] prepared in a 20 manner which meets or exceeds standards for clarity and speed of 21 [reproduction] production established by the state board of elections, 22 shall be in a form approved by such board, shall include the names of 23 all voters eligible to vote in such election and shall be in alphabet- 24 ical order, except that, at a primary election, the names of the voters 25 enrolled in each political party may be placed in a separate part of the 26 list or in a separate list, as the board of elections in its discretion, 27 may determine. Such list shall contain, adjacent to each voter's name, 28 or in a space so designated, at least the following: street address, 29 date of birth, party enrollment, year of registration, a computer 30 reproduced facsimile of the voter's signature or an indication that the 31 voter is unable to sign his name, a place for the voter to sign his name 32 at such election and a place for the inspectors to mark the voting 33 machine number, the public counter number [and] if any, or the number of 34 any paper ballots given the voter. 35 § 7. Subdivision 2 of section 8-202 of the election law, as amended by 36 chapter 164 of the laws of 2010, is amended to read as follows: 37 2. The exterior of any ballot scanner, ballot marking device and 38 privacy booth and every part of the polling place shall be in plain view 39 of the election inspectors and watchers. The ballot scanners, ballot 40 marking devices, and privacy booths shall be placed at least four feet 41 from the table used by the inspectors in charge of the poll [books] 42 ledger or computer generated registration list. The guard-rail shall be 43 at least three feet from the machine and the table used by the inspec- 44 tors. The election inspectors shall not themselves be, or allow any 45 other person to be, in any position or near any position, that will 46 permit one to see or ascertain how a voter votes, or how he or she has 47 voted nor shall they permit any other person to be less than three feet 48 from the ballot scanner, ballot marking device, or privacy booth while 49 occupied. The election inspectors or clerks attending the ballot scan- 50 ner, ballot marking device, or privacy booth shall regularly inspect the 51 face of the ballot scanner, ballot marking device, or the interior of 52 the privacy booth to see that the ballot scanner, ballot marking device, 53 or privacy booth has not been damaged or tampered with. During elections 54 the door or other covering of the counter compartment of the machine 55 shall not be unlocked or opened except by a member of the board ofA. 2070--A 5 1 elections, a voting machine custodian or any other person upon the 2 specific instructions of the board of elections. 3 § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election 4 law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi- 5 visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open- 6 ing paragraph of paragraph (e) of subdivision 3 as amended by chapter 7 125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi- 8 vision 3 as separately amended by chapters 3 and 6 of the laws of 2019, 9 are amended to read as follows: 10 2. The voter shall give [his] the voter's name and [his] the voter's 11 residence address to the inspectors. An inspector shall then loudly and 12 distinctly announce the name and residence of the voter. 13 2-a. (a) If a voter's name appears in the ledger or computer generated 14 registration list with a notation indicating that the voter's identity 15 was not yet verified as required by the federal Help America Vote Act, 16 the inspector shall require that the voter produce one of the following 17 types of identification before permitting the voter to cast his or her 18 vote on the voting machine: 19 (i) a driver's license or department of motor vehicles non-driver 20 photo ID card or other current and valid photo identification; 21 (ii) a copy of a current utility bill, bank statement, government 22 check, paycheck or other government document that shows the name and 23 address of the voter. 24 (b) If the voter produces an identification document listed in para- 25 graph (a) of this subdivision, the inspector shall indicate so in the 26 ledger or computer generated registration list, the voter will be deemed 27 verified as required by the federal Help America Vote Act and the voter 28 shall be permitted to cast his or her vote on the voting machine. 29 (c) If the voter does not produce an identification document listed in 30 paragraph (a) of this subdivision, the voter shall only be entitled to 31 vote by affidavit ballot unless a court order provides otherwise. 32 3. (a) If an applicant is challenged, the board, without delay, shall 33 either enter his name in the second section of the challenge report 34 together with the other entries required to be made in such section 35 opposite the applicant's name or make an entry next to [his] the voter's 36 name [on] in the computer generated registration list or in the place 37 provided [at the end of] in the computer generated registration list. 38 (b) A person who claims to have moved to a new address within the 39 election district in which he or she is registered to vote shall be 40 permitted to vote in the same manner as other voters unless challenged 41 on other grounds. The inspectors shall enter the names and new addresses 42 of all such persons in either the first section of the challenge report 43 or in the place provided [at the end of] in the computer generated 44 registration list and shall also enter the new address next to such 45 person's address on such computer generated registration list. When the 46 registration poll records of persons who have voted from new addresses 47 within the same election district are returned to the board of 48 elections, such board shall change the addresses on the face of such 49 registration poll records without completely obliterating the old 50 addresses and shall enter such new addresses and the new addresses for 51 any such persons whose names were [on] in computer generated registra- 52 tion lists into its computer records for such persons. 53 (c) A person who claims a changed name shall be permitted to vote in 54 the same manner as other voters unless challenged on other grounds. The 55 inspectors shall either enter the names of all such persons in the first 56 section of the challenge report or in the place provided [at the end of]A. 2070--A 6 1 in the computer generated registration list, in the form in which they 2 are registered, followed in parentheses by the name as changed or enter 3 the name as changed next to such voter's name on the computer generated 4 registration list. The voter shall sign first on the registration poll 5 record or [on] in the computer generated registration list, the name 6 under which the voter is registered and, immediately above it, the new 7 name, provided that [on] in such [a computer generated] registration 8 list, the new name may be signed in the place provided [at the end of9such list]. When the registration poll record of a person who has voted 10 under a new name is returned to the board of elections, such board shall 11 change [his] the voter's name on the face of each [of his] registration 12 [records] record without completely obliterating the old one, and there- 13 after such person shall vote only under his or her new name. If a voter 14 has signed a new name [on] in a computer generated registration list, 15 such board shall enter such voter's new name and new signature in such 16 voter's computer record. 17 (d) If an applicant requests assistance in voting and qualifies there- 18 for, the board shall provide assistance as directed by this chapter, and 19 shall without delay either enter such applicant's name and the other 20 entries required in the third section of the challenge report or make an 21 entry next to such applicant's name [on] in the computer generated 22 registration list or in the place provided [at the end of the computer23generated] in such registration list. 24 (e) Whenever a voter presents himself or herself and offers to cast a 25 ballot, and he or she claims to live in the election district in which 26 he or she seeks to vote but no registration poll record can be found for 27 him or her in the poll ledger or his or her name does not appear [on] in 28 the computer generated registration list or his or her signature does 29 not appear next to his or her name [on] in such [computer generated] 30 registration list or his or her registration poll record or the computer 31 generated registration list does not show him or her to be enrolled in 32 the party in which he or she claims to be enrolled, a poll clerk or 33 election inspector shall consult a map, street finder or other 34 description of all of the polling places and election districts within 35 the political subdivision in which said election district is located and 36 if necessary, contact the board of elections to obtain the relevant 37 information and advise the voter of the correct polling place and 38 election district for the residence address provided by the voter to 39 such poll clerk or election inspector. Thereafter, such voter shall be 40 permitted to vote in said election district only as hereinafter 41 provided: 42 (i) He or she may present a court order requiring that he or she be 43 permitted to vote. At a primary election, such a court order must speci- 44 fy the party in which the voter is permitted to vote. [He] The voter 45 shall be required to sign [his] their full name on top of the first page 46 of such order, together with [his] the voter's registration serial 47 number, if any, and [his] the voter's name and the other entries 48 required shall then be entered without delay in the fourth section of 49 the challenge report or in the place provided [at the end of] in the 50 computer generated registration list, or, if such person's name appears 51 on [the computer generated] such registration list, the board of 52 elections may provide a place to make such entry next to his or her name 53 on such list. The voter shall then be permitted to vote in the manner 54 otherwise prescribed for voters whose registration poll records are 55 found in the ledger or whose names are found on the computer generated 56 registration list; orA. 2070--A 7 1 (ii) He or she may swear to and subscribe an affidavit stating that he 2 or she has duly registered to vote, the address in such election 3 district from which he or she registered, that he or she remains a duly 4 qualified voter in such election district, that his or her registration 5 poll record appears to be lost or misplaced or that his or her name 6 and/or his or her signature was omitted from the computer generated 7 registration list or such record indicates the voter already voted when 8 he or she did not do so or that he or she has moved within New York 9 state since he or she last registered, the address from which he or she 10 was previously registered and the address at which he or she currently 11 resides, and at a primary election, the party in which he or she is 12 enrolled. The inspectors of election shall offer such an affidavit to 13 each such voter whose residence address is in such election district. 14 Each such affidavit shall be in a form prescribed by the state board of 15 elections, shall be printed on an envelope of the size and quality used 16 for an absentee ballot envelope, and shall contain an acknowledgment 17 that the affiant understands that any false statement made therein is 18 perjury punishable according to law. Such form prescribed by the state 19 board of elections shall request information required to register such 20 voter should the county board determine that such voter is not regis- 21 tered and shall constitute an application to register to vote. The 22 voter's name and the entries required shall then be entered without 23 delay and without further inquiry in the fourth section of the challenge 24 report or in the place provided [at the end of] in the computer gener- 25 ated registration list, with the notation that the voter has executed 26 the affidavit hereinabove prescribed, or, if such person's name appears 27 [on the computer generated] in such registration list, the board of 28 elections may provide a place to make such entry next to his or her name 29 [on] in such list. The voter shall then, without further inquiry, be 30 permitted to vote an affidavit ballot provided for by this chapter. Such 31 ballot shall thereupon be placed in the envelope containing his or her 32 affidavit, and the envelope sealed and returned to the board of 33 elections in the manner provided by this chapter for protested official 34 ballots, including a statement of the number of such ballots. 35 4. At a primary election, a voter whose registration poll record is in 36 the ledger or computer generated registration list shall be permitted to 37 vote only in the primary of the party in which such record shows [him] 38 the voter to be enrolled unless [he] the voter shall present a court 39 order pursuant to the provisions of subparagraph (i) of paragraph (e) of 40 subdivision three of this section requiring that [he] the voter be 41 permitted to vote in the primary of another party, or unless [he] the 42 voter shall present a certificate of enrollment issued by the board of 43 elections, not earlier than one month before such primary election, 44 pursuant to the provisions of this chapter which certifies that [he] the 45 voter is enrolled in a party other than the one in which such record 46 shows [him] the voter to be enrolled, or unless he or she shall 47 subscribe an affidavit pursuant to the provisions of subparagraph (ii) 48 of paragraph (e) of subdivision three of this section. 49 5. Except for voters unable to sign their names, no person shall be 50 permitted to vote without first identifying himself or herself as 51 required by this chapter. 52 § 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law, 53 subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are 54 amended to read as follows: 55 1. A person before being allowed to vote shall be required, except as 56 provided in this chapter, to sign his or her name on the back of his orA. 2070--A 8 1 her registration poll record on the first line reserved for his or her 2 signature at the time of election which is not filled with a previous 3 signature, or [on the line of] in the space provided in the computer 4 generated registration list reserved for [his] the voter's signature. 5 The two inspectors in charge shall satisfy themselves by a comparison of 6 this signature with [his] the voter's registration signature and by 7 comparison of [his] the voter's appearance with the descriptive material 8 on the face of the registration poll record that [he] the voter is the 9 person registered. If they are so satisfied they shall enter the other 10 information required for the election on the same line with the voter's 11 latest signature, shall sign their names or initials in the spaces 12 provided therefor, and shall permit the applicant to vote. Any inspector 13 or inspectors not satisfied shall challenge the applicant forthwith. 14 2. If a person who alleges [his] an inability to sign his or her name 15 presents himself or herself to vote, the board of inspectors shall 16 permit [him] such person to vote, unless challenged on other grounds, 17 provided [he] the voter had been permitted to register without signing 18 [his] the voter's name. The board shall enter the words "Unable to Sign" 19 in the space on [his] the voter's registration poll record reserved for 20 [his] the voter's signature or on the line [of] or space the computer 21 generated registration list reserved for [his] the voter's signature at 22 such election. If [his] the voter's signature appears upon [his] the 23 voter's registration record or [upon] in the computer generated regis- 24 tration list the board shall challenge [him] the voter forthwith, except 25 that if such a person claims that he or she is unable to sign his or her 26 name by reason of a physical disability incurred since [his] the voter's 27 registration, the board, if convinced of the existence of such disabili- 28 ty, shall permit him or her to vote, shall enter the words "Unable to 29 Sign" and a brief description of such disability in the space reserved 30 for [his] the voter's signature at such election. At each subsequent 31 election, if such disability still exists, [he] the voter shall be enti- 32 tled to vote without signing [his] their name and the board of inspec- 33 tors, without further notation, shall enter the words "Unable to Sign" 34 in the space reserved for [his] the voter's signature at such election. 35 3. The voter's facsimile signature [made by him upon registration and36his signature made at subsequent elections] shall be effectively 37 concealed from the voter by a blotter or [piece of opaque paper] other 38 means until after the voter shall have completed [his] the signature. 39 § 10. Subdivision 3 of section 8-306 of the election law, as amended 40 by chapter 154 of the laws of 1991, is amended to read as follows: 41 3. Any voter who requires assistance to vote by reason of blindness, 42 disability or inability to read or write may be given assistance by a 43 person of the voter's choice, other than the voter's employer or agent 44 of the employer or officer or agent of the voter's union. A voter enti- 45 tled to assistance in voting who does not select a particular person may 46 be assisted by two election inspectors not of the same political faith. 47 The inspectors or person assisting a voter shall enter the voting 48 machine or booth with [him] the voter, help [him] the voter in the prep- 49 aration of [his] the voter's ballot and, if necessary, in the return of 50 the voted ballot to the inspectors for deposit in the ballot box. The 51 inspectors shall enter in the [remarks space on the registration poll52card of an assisted voter, or next to the name of] space provided for 53 such voter [on] in the computer generated registration list, the name of 54 each officer or person rendering such assistance.A. 2070--A 9 1 § 11. Subdivision 2 of section 8-508 of the election law, as amended 2 by chapter 200 of the laws of 1996, paragraph (b) as amended by chapter 3 6 of the laws of 2019, is amended to read as follows: 4 2. (a) The first section of such report shall be reserved for the 5 inspectors of election to enter the name, address and registration seri- 6 al number of each person who claims a change in name, or a change of 7 address within the election district, together with the new name or 8 address of each such person. In lieu of preparing section one of the 9 challenge list, the board of elections may provide, next to the name of 10 each voter [on] in the computer generated registration list, a place for 11 the inspectors of election to record the information required to be 12 entered in such section one, or provide [at the end of such computer13generated] elsewhere in such registration list, a place for the inspec- 14 tors of election to enter such information. 15 (b) The second section of such report shall be reserved for the board 16 of inspectors to enter the name, address and registration serial number 17 of each person who is challenged at the time of voting together with the 18 reason for the challenge. If no voters are challenged, the board of 19 inspectors shall enter the words "No Challenges" across the space 20 reserved for such names. In lieu of preparing section two of the chal- 21 lenge report, the board of elections may provide, next to the name of 22 each voter [on] in the computer generated registration list, a place for 23 the inspectors of election to record the information required to be 24 entered in such section two, or provide [at the end of such computer25generated] elsewhere in such registration list, a place for the inspec- 26 tors of election to enter such information. 27 (c) The third section of such report shall be reserved for the board 28 of inspectors to enter the name, address and registration serial number 29 of each voter given assistance, together with the reason the voter was 30 allowed assistance, the name of the person giving such assistance and 31 his address if not an inspector. If no voters are given assistance, the 32 board of inspectors shall enter the words "No Assistance" across the 33 space reserved for such names. In lieu of providing section three of the 34 challenge report, the board of elections may provide, next to the name 35 of each voter [on] in the computer generated registration list, a place 36 for the inspectors of election to record the information required to be 37 entered in such section three, or provide [at the end of such computer38generated] elsewhere in such registration list, a place for the inspec- 39 tors of election to enter such information. 40 (d) The fourth section of such report shall be reserved for the board 41 of inspectors to enter the name, address and registration serial number 42 of each person who was permitted to vote pursuant to a court order, or 43 to vote on a paper ballot which was inserted in an affidavit envelope. 44 If there are no such names, such board shall enter the word "None" 45 across the space provided for such names. In lieu of providing section 46 four of such report, the board of elections may provide, next to the 47 name of each voter [on] in the computer generated registration list, a 48 place for the inspectors of election to record the information required 49 to be entered in such section four, or provide [at the end of the50computer generated] elsewhere in such registration list, a place for the 51 inspectors of election to enter such information. 52 (e) At the foot of such report [and] or at the end of any such comput- 53 er generated registration list, if applicable, shall be [printed] a 54 certificate that such report or list contains the names of all persons 55 who were challenged on the day of election, and that each voter so 56 reported as having been challenged took the oaths as required, that suchA. 2070--A 10 1 report or list contains the names of all voters to whom such board gave 2 or allowed assistance and lists the nature of the disability which 3 required such assistance to be given and the names and family relation- 4 ship, if any, to the voter of the persons by whom such assistance was 5 rendered; that each such assisted voter informed such board under oath 6 that he required such assistance and that each person rendering such 7 assistance took the required oath; that such report or list contains the 8 names of all voters who were permitted to vote although their registra- 9 tion poll records were missing; that the entries made by such board are 10 a true and accurate record of its proceedings with respect to the 11 persons named in such report or list. 12 (f) Upon the return of such report [and] or lists to the board of 13 elections, it shall complete the investigation of voting qualifications 14 of all persons named in the second section thereof or for whom entries 15 were placed [on] in such computer generated registration lists in lieu 16 of the preparation of the second section of the challenge report, and 17 shall forthwith proceed to cancel the registration of any person who, as 18 noted upon such report, or in such list, was challenged at such election 19 and refused either to take a challenge oath or to answer any challenge 20 question. 21 (g) The state board of elections shall prescribe a form of challenge 22 report for use pursuant to the provisions of this section. Such form may 23 require the insertion of such other information as the state board shall 24 deem appropriate. 25 § 12. Section 8-510 of the election law, the section heading as 26 amended by chapter 373 of the laws of 1978, subdivision 1 as amended by 27 chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter 28 43 of the laws of 1988, is amended to read as follows: 29 § 8-510. Challenge report; completion of and [closing of registration30poll ledgers] procedure after. 1. Immediately after the close of the 31 polls the board of inspectors of election shall verify the entries which 32 it has made on the challenge report or [at the end of the] in the spaces 33 provided in the computer generated registration list by comparing such 34 entries with the information appearing on the registration poll records 35 of the affected voters or the information appearing [next to the names36of such voters on] in the spaces provided in the computer generated 37 registration list. If it has made no entries in section two, three or 38 four of such report it shall write across or note in such section the 39 words "No challenges", "No assistance" or "None", as the case may be, as 40 directed in this chapter. 41 2. After completing such report the inspectors shall sign [the] a 42 certificate [at the end of] in the spaces provided by the county board 43 of elections for such report. 44 3. The inspectors shall place such completed report, and each court 45 order, if any, directing that a person be permitted to vote, [inside a] 46 in the secure container provided by the county board of elections for 47 such ledger of registration records or computer generated registration 48 lists [between the front cover, and the first registration record] and 49 then shall close and seal each ledger of registration records or comput- 50 er generated registration lists, [affix their signature to the seal,] 51 lock such ledger in the carrying case furnished for that purpose and 52 enclose the keys in a sealed package or seal such list in the envelope 53 provided for that purpose. 54 § 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of 55 subdivision 2 of section 9-209 of the election law, as amended by chap- 56 ter 308 of the laws of 2011, are amended to read as follows:A. 2070--A 11 1 (C) If such person is found to be registered and has not voted in 2 person, an inspector shall compare the signature, if any, on each envel- 3 ope with the signature, if any, on the registration poll record, the 4 computer generated list of registered voters or the list of special 5 presidential voters, of the person of the same name who registered from 6 the same address. If the signatures are found to correspond, such 7 inspector shall certify thereto by [signing] placing his or her initials 8 in the ["Inspector's Initials" line on the] space provided in the 9 computer generated list of registered voters [or in the "remarks" column10as appropriate]. 11 (D) If such person is found to be registered and has not voted in 12 person, and if no challenge is made, or if a challenge made is not 13 sustained, the envelope shall be opened, the ballot or ballots withdrawn 14 without unfolding, and the ballot or ballots deposited in the proper 15 ballot box or boxes, or envelopes, provided however that, in the case of 16 a primary election, the ballot shall be deposited in the box only if the 17 ballot is of the party with which the voter is enrolled according to the 18 entry on the back of his or her registration poll record or [next to his19or her name on] in the computer generated registration list; if not, the 20 ballot shall be rejected without inspection or unfolding and shall be 21 returned to the envelope which shall be endorsed "not enrolled." At the 22 time of the deposit of such ballot or ballots in the box or envelopes, 23 the inspectors shall enter the words "absentee vote" or "military vote" 24 in the space reserved for the voter's signature on the aforesaid list or 25 in the "remarks" [column] space as appropriate, and shall enter the year 26 and month of the election on the same line in the spaces provided there- 27 for. 28 § 14. Subdivision 4 of section 11-206 of the election law, as amended 29 by chapter 91 of the laws of 1992, is amended to read as follows: 30 4. The registration poll records of special federal voters shall be 31 filed, in alphabetical order, by election district. At each election at 32 which [the ballots of] special federal voters are [delivered to the33inspectors of election in each election district] eligible to vote, the 34 registration poll records of all special federal voters [eligible to35vote at such election] shall be delivered to such inspectors of election 36 together with the other registration poll records or the names of such 37 voters shall be included [on] in the computer generated registration 38 list. Such records shall be delivered either in a separate poll ledger 39 or a separate, clearly marked section, of the main poll ledger or [in a40separate,] be clearly marked[, section of] in the computer generated 41 registration list as the board of elections shall determine. 42 § 15. This act shall take effect immediately; provided, however, that 43 the amendments to subparagraph (ii) of paragraph (e) of subdivision 3 of 44 section 8-302 of the election law made by section eight of this act 45 shall take effect on the same date and in the same manner as chapter 3 46 of the laws of 2019, takes effect.
