Bill Text: NY S02788 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes counties to employ computer generated registration lists; updates the list of supplies to be delivered to poll sites.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ELECTIONS [S02788 Detail]
Download: New_York-2017-S02788-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2788 2017-2018 Regular Sessions IN SENATE January 17, 2017 ___________ Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Elections 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 § 2. Subdivision 1 of section 4-128 of the election law, as amended by 12 chapter 125 of the laws of 2011, is amended to read as follows: 13 1. The board of elections of each county shall provide the requisite 14 number of official and facsimile ballots, two cards of instruction to 15 voters in the form prescribed by the state board of elections, at least 16 one copy of the instruction booklet for inspectors, a sufficient number 17 of maps, street finders or other descriptions of all of the polling 18 places and election districts within the political subdivision in which 19 the polling place is located to enable the election inspectors and poll 20 clerks to determine the correct election district and polling place for 21 each street address within the political subdivision in which the poll- 22 ing place is located, distance markers, tally sheets and return blanks, 23 pens, [black ink, or ball point pens with black ink,] pencils [having24black lead], or other appropriate marking devices, envelopes for the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04174-01-7S. 2788 2 1 ballots of voters whose registration poll records are not in the ledger 2 or whose names are not [on] in the computer generated registration list, 3 envelopes for returns, identification buttons, badges or emblems for the 4 inspectors and clerks in the form prescribed by the state board of 5 elections and such other articles of stationery as may be necessary for 6 the proper conduct of elections, except that when a town, city or 7 village holds an election not conducted by the board of elections, the 8 clerk of such town, city or village, shall provide such official and 9 facsimile ballots and the necessary blanks, supplies and stationery for 10 such election. 11 § 3. Subdivision c of section 4-132 of the election law, as amended by 12 chapter 164 of the laws of 1985, is amended to read as follows: 13 c. A booth or device in each election district for the use of voters 14 marking ballots. Such booth or device shall be so constructed as to 15 permit the voter to mark his or her ballot in secrecy and shall be 16 furnished at all times with [a pencil having black lead only] an appro- 17 priate marking device. 18 § 4. Section 4-134 of the election law, the section heading as amended 19 by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by 20 chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425 21 of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635 22 of the laws of 1990, is amended to read as follows: 23 § 4-134. Preparation and delivery of ballots, supplies and equipment 24 for use at elections. 1. The board of elections shall deliver, at its 25 office, to the clerk of each town or city in the county, except the 26 cities of New York, Buffalo and Rochester and to the clerk of each 27 village in the county in which elections are conducted by the board of 28 elections, by the Saturday before the primary, general, village or other 29 election for which they are required: the official and sample ballots; 30 ledgers prepared for delivery in the manner provided in subdivision two 31 of this section and containing the registration poll records of all 32 persons entitled to vote at such election in such town, city or village, 33 or computer generated registration lists containing the names of all 34 persons entitled to vote at such election in such town, city or village; 35 challenge reports prepared as directed by this chapter; sufficient 36 applications for registration by mail; sufficient ledger seals and other 37 supplies and equipment required by this article to be provided by the 38 board of elections for each polling place in such town, city or village. 39 The town, city or village clerk shall call at the office of such board 40 of elections at such time and receive such ballots, supplies and equip- 41 ment. In the cities of New York, Buffalo and Rochester the board of 42 elections shall cause such ballots, supplies and equipment to be deliv- 43 ered to the board of inspectors of each election district approximately 44 one-half hour before the opening of the polls for voting, and shall take 45 receipts therefor. 46 2. The board of elections shall provide for each election district a 47 ledger or ledgers containing the registration poll records or [printed] 48 lists with computer generated facsimile signatures, of all persons enti- 49 tled to vote in such election district at such election. Such ledgers 50 shall be labelled, sealed, locked and transported in locked carrying 51 cases. After leaving the board of elections no such carrying case shall 52 be unlocked except at the time and in the manner provided in this chap- 53 ter. 54 3. [Any envelope containing absentee voters' ballots on which the55blanks have not been properly filled in shall be stamped to indicate theS. 2788 3 1defect and shall be preserved by the board for at least one year after2the receipt thereof.34.] Each kind of official ballot shall be arranged in a package in the 4 consecutive order of the numbers printed on the stubs thereof beginning 5 with number one. All official and sample ballots for each election 6 district shall be in separate sealed packages, clearly marked on the 7 outside thereof, with the number and kind of ballots contained therein 8 and indorsed with the designation of the election district for which 9 they were prepared. The other supplies provided for each election 10 district also shall be [inclosed] enclosed in a sealed package, or pack- 11 ages, with a label on the outside thereof showing the contents of each 12 package. 13 [5. Each town, city and village clerk receiving such packages shall14cause all] 4. All such packages so received and marked for any election 15 district [to] shall be delivered unopened and with the seals thereof 16 unbroken to the inspectors of election of such election districts at 17 least [one-half] one hour before the opening of the polls of such 18 election therein, [and] who shall [take] give a receipt therefor speci- 19 fying the number and kind of packages delivered. [At the same time each20such clerk shall cause to be delivered to such inspectors the equipment21described in subdivision two of this section and shall cause a receipt22to be taken therefor.236.] 5. Town, city and village clerks required to provide official and 24 sample ballots, registration records, seals, supplies and equipment, as 25 described in this section, for town, city and village elections not 26 conducted by the board of elections, shall in like manner, deliver them 27 to the inspectors or presiding officers of the election at each polling 28 place at which such meetings and elections are held, respectively, in 29 like sealed packages marked on the outside in like manner, and shall 30 take receipts therefor in like manner. 31 § 5. Subdivision 1 of section 5-302 of the election law, as separately 32 amended by chapter 164 and chapter 558 of the laws of 1985, is amended 33 to read as follows: 34 1. Before placing the registration poll record in the poll ledger or 35 in the computer generated registration list, the board shall enter in 36 the space provided therefor [on the back of such registration poll37record] the name of the party designated by the voter on his application 38 form, provided such party continues to be a party as defined in this 39 law. If such party ceases to be a party at any time, either before or 40 after such enrollment is so entered, the enrollment of such voter shall 41 be deemed to be blank and shall be entered as such until such voter 42 files an application for change of enrollment pursuant to the provisions 43 of this chapter. [In the city of New York the board shall also affix a44gummed sticker of a different color for each party in a place on such45registration poll record immediately adjacent to such entry.] The board 46 shall enter the date of such entry and affix initials thereto in the 47 space provided. 48 § 6. Paragraph c of subdivision 3 of section 5-506 of the election 49 law, as amended by chapter 659 of the laws of 1994, is amended to read 50 as follows: 51 c. The computer generated registration list prepared for each election 52 in each election district shall be [printed by a printer] prepared in a 53 manner which meets or exceeds standards for clarity and speed of 54 [reproduction] production established by the state board of elections, 55 shall be in a form approved by such board, shall include the names of 56 all voters eligible to vote in such election and shall be in alphabet-S. 2788 4 1 ical order, except that, at a primary election, the names of the voters 2 enrolled in each political party may be placed in a separate part of the 3 list or in a separate list, as the board of elections in its discretion, 4 may determine. Such list shall contain, adjacent to each voter's name, 5 or in a space so designated, at least the following: street address, 6 date of birth, party enrollment, year of registration, a computer 7 reproduced facsimile of the voter's signature or an indication that the 8 voter is unable to sign his name, a place for the voter to sign his name 9 at such election and a place for the inspectors to mark the voting 10 machine number, the public counter number [and] if any, or the number of 11 any paper ballots given the voter. 12 § 7. Subdivision 2 of section 8-202 of the election law, as amended by 13 chapter 164 of the laws of 2010, is amended to read as follows: 14 2. The exterior of any ballot scanner, ballot marking device and 15 privacy booth and every part of the polling place shall be in plain view 16 of the election inspectors and watchers. The ballot scanners, ballot 17 marking devices, and privacy booths shall be placed at least four feet 18 from the table used by the inspectors in charge of the poll [books] 19 ledger or computer generated registration list. The guard-rail shall be 20 at least three feet from the machine and the table used by the inspec- 21 tors. The election inspectors shall not themselves be, or allow any 22 other person to be, in any position or near any position, that will 23 permit one to see or ascertain how a voter votes, or how he or she has 24 voted nor shall they permit any other person to be less than three feet 25 from the ballot scanner, ballot marking device, or privacy booth while 26 occupied. The election inspectors or clerks attending the ballot scan- 27 ner, ballot marking device, or privacy booth shall regularly inspect the 28 face of the ballot scanner, ballot marking device, or the interior of 29 the privacy booth to see that the ballot scanner, ballot marking device, 30 or privacy booth has not been damaged or tampered with. During elections 31 the door or other covering of the counter compartment of the machine 32 shall not be unlocked or opened except by a member of the board of 33 elections, a voting machine custodian or any other person upon the 34 specific instructions of the board of elections. 35 § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election 36 law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi- 37 visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open- 38 ing paragraph of paragraph (e) of subdivision 3 as amended by chapter 39 125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi- 40 vision 3 as amended by chapter 164 of the laws of 2010, are amended to 41 read as follows: 42 2. The voter shall give [his] the voter's name and [his] the voter's 43 residence address to the inspectors. An inspector shall then loudly and 44 distinctly announce the name and residence of the voter. 45 2-a. (a) If a voter's name appears in the ledger or computer generated 46 registration list with a notation indicating that the voter's identity 47 was not yet verified as required by the federal Help America Vote Act, 48 the inspector shall require that the voter produce one of the following 49 types of identification before permitting the voter to cast his or her 50 vote on the voting machine: 51 (i) a driver's license or department of motor vehicles non-driver 52 photo ID card or other current and valid photo identification; 53 (ii) a copy of a current utility bill, bank statement, government 54 check, paycheck or other government document that shows the name and 55 address of the voter.S. 2788 5 1 (b) If the voter produces an identification document listed in para- 2 graph (a) of this subdivision, the inspector shall indicate so in the 3 ledger or computer generated registration list, the voter will be deemed 4 verified as required by the federal Help America Vote Act and the voter 5 shall be permitted to cast his or her vote on the voting machine. 6 (c) If the voter does not produce an identification document listed in 7 paragraph (a) of this subdivision, the voter shall only be entitled to 8 vote by affidavit ballot unless a court order provides otherwise. 9 3. (a) If an applicant is challenged, the board, without delay, shall 10 either enter his name in the second section of the challenge report 11 together with the other entries required to be made in such section 12 opposite the applicant's name or make an entry next to [his] the voter's 13 name [on] in the computer generated registration list or in the place 14 provided [at the end of] in the computer generated registration list. 15 (b) A person who claims to have moved to a new address within the 16 election district in which he or she is registered to vote shall be 17 permitted to vote in the same manner as other voters unless challenged 18 on other grounds. The inspectors shall enter the names and new addresses 19 of all such persons in either the first section of the challenge report 20 or in the place provided [at the end of] in the computer generated 21 registration list and shall also enter the new address next to such 22 person's address on such computer generated registration list. When the 23 registration poll records of persons who have voted from new addresses 24 within the same election district are returned to the board of 25 elections, such board shall change the addresses on the face of such 26 registration poll records without completely obliterating the old 27 addresses and shall enter such new addresses and the new addresses for 28 any such persons whose names were [on] in computer generated registra- 29 tion lists into its computer records for such persons. 30 (c) A person who claims a changed name shall be permitted to vote in 31 the same manner as other voters unless challenged on other grounds. The 32 inspectors shall either enter the names of all such persons in the first 33 section of the challenge report or in the place provided [at the end of] 34 in the computer generated registration list, in the form in which they 35 are registered, followed in parentheses by the name as changed or enter 36 the name as changed next to such voter's name on the computer generated 37 registration list. The voter shall sign first on the registration poll 38 record or [on] in the computer generated registration list, the name 39 under which the voter is registered and, immediately above it, the new 40 name, provided that [on] in such [a computer generated] registration 41 list, the new name may be signed in the place provided [at the end of42such list]. When the registration poll record of a person who has voted 43 under a new name is returned to the board of elections, such board shall 44 change [his] the voter's name on the face of each [of his] registration 45 [records] record without completely obliterating the old one, and there- 46 after such person shall vote only under his or her new name. If a voter 47 has signed a new name [on] in a computer generated registration list, 48 such board shall enter such voter's new name and new signature in such 49 voter's computer record. 50 (d) If an applicant requests assistance in voting and qualifies there- 51 for, the board shall provide assistance as directed by this chapter, and 52 shall without delay either enter such applicant's name and the other 53 entries required in the third section of the challenge report or make an 54 entry next to such applicant's name [on] in the computer generated 55 registration list or in the place provided [at the end of the computer56generated] in such registration list.S. 2788 6 1 (e) Whenever a voter presents himself or herself and offers to cast a 2 ballot, and he or she claims to live in the election district in which 3 he or she seeks to vote but no registration poll record can be found for 4 him or her in the poll ledger or his or her name does not appear [on] in 5 the computer generated registration list or his or her signature does 6 not appear next to his or her name [on] in such [computer generated] 7 registration list or his or her registration poll record or the computer 8 generated registration list does not show him or her to be enrolled in 9 the party in which he or she claims to be enrolled, a poll clerk or 10 election inspector shall consult a map, street finder or other 11 description of all of the polling places and election districts within 12 the political subdivision in which said election district is located and 13 if necessary, contact the board of elections to obtain the relevant 14 information and advise the voter of the correct polling place and 15 election district for the residence address provided by the voter to 16 such poll clerk or election inspector. Thereafter, such voter shall be 17 permitted to vote in said election district only as hereinafter 18 provided: 19 (i) He or she may present a court order requiring that he or she be 20 permitted to vote. At a primary election, such a court order must speci- 21 fy the party in which the voter is permitted to vote. [He] The voter 22 shall be required to sign [his] their full name on top of the first page 23 of such order, together with [his] the voter's registration serial 24 number, if any, and [his] the voter's name and the other entries 25 required shall then be entered without delay in the fourth section of 26 the challenge report or in the place provided [at the end of] in the 27 computer generated registration list, or, if such person's name appears 28 on [the computer generated] such registration list, the board of 29 elections may provide a place to make such entry next to his or her name 30 on such list. The voter shall then be permitted to vote in the manner 31 otherwise prescribed for voters whose registration poll records are 32 found in the ledger or whose names are found on the computer generated 33 registration list; or 34 (ii) He or she may swear to and subscribe an affidavit stating that he 35 or she has duly registered to vote, the address in such election 36 district from which he or she registered, that he or she remains a duly 37 qualified voter in such election district, that his or her registration 38 poll record appears to be lost or misplaced or that his or her name 39 and/or his or her signature was omitted from the computer generated 40 registration list or that he or she has moved within the county or city 41 since he or she last registered, the address from which he or she was 42 previously registered and the address at which he or she currently 43 resides, and at a primary election, the party in which he or she is 44 enrolled. The inspectors of election shall offer such an affidavit to 45 each such voter whose residence address is in such election district. 46 Each such affidavit shall be in a form prescribed by the state board of 47 elections, shall be printed on an envelope of the size and quality used 48 for an absentee ballot envelope, and shall contain an acknowledgment 49 that the affiant understands that any false statement made therein is 50 perjury punishable according to law. Such form prescribed by the state 51 board of elections shall request information required to register such 52 voter should the county board determine that such voter is not regis- 53 tered and shall constitute an application to register to vote. The 54 voter's name and the entries required shall then be entered without 55 delay and without further inquiry in the fourth section of the challenge 56 report or in the place provided [at the end of] in the computer gener-S. 2788 7 1 ated registration list, with the notation that the voter has executed 2 the affidavit hereinabove prescribed, or, if such person's name appears 3 [on the computer generated] in such registration list, the board of 4 elections may provide a place to make such entry next to his or her name 5 [on] in such list. The voter shall then, without further inquiry, be 6 permitted to vote an affidavit ballot provided for by this chapter. Such 7 ballot shall thereupon be placed in the envelope containing his or her 8 affidavit, and the envelope sealed and returned to the board of 9 elections in the manner provided by this chapter for protested official 10 ballots, including a statement of the number of such ballots. 11 4. At a primary election, a voter whose registration poll record is in 12 the ledger or computer generated registration list shall be permitted to 13 vote only in the primary of the party in which such record shows [him] 14 the voter to be enrolled unless [he] the voter shall present a court 15 order pursuant to the provisions of subparagraph (i) of paragraph (e) of 16 subdivision three of this section requiring that [he] the voter be 17 permitted to vote in the primary of another party, or unless [he] the 18 voter shall present a certificate of enrollment issued by the board of 19 elections, not earlier than one month before such primary election, 20 pursuant to the provisions of this chapter which certifies that [he] the 21 voter is enrolled in a party other than the one in which such record 22 shows [him] the voter to be enrolled, or unless he or she shall 23 subscribe an affidavit pursuant to the provisions of subparagraph (ii) 24 of paragraph (e) of subdivision three of this section. 25 5. Except for voters unable to sign their names, no person shall be 26 permitted to vote without first identifying himself or herself as 27 required by this chapter. 28 § 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law, 29 subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are 30 amended to read as follows: 31 1. A person before being allowed to vote shall be required, except as 32 provided in this chapter, to sign his or her name on the back of his or 33 her registration poll record on the first line reserved for his or her 34 signature at the time of election which is not filled with a previous 35 signature, or [on the line of] in the space provided in the computer 36 generated registration list reserved for [his] the voter's signature. 37 The two inspectors in charge shall satisfy themselves by a comparison of 38 this signature with [his] the voter's registration signature and by 39 comparison of [his] the voter's appearance with the descriptive material 40 on the face of the registration poll record that [he] the voter is the 41 person registered. If they are so satisfied they shall enter the other 42 information required for the election on the same line with the voter's 43 latest signature, shall sign their names or initials in the spaces 44 provided therefor, and shall permit the applicant to vote. Any inspector 45 or inspectors not satisfied shall challenge the applicant forthwith. 46 2. If a person who alleges [his] an inability to sign his or her name 47 presents himself or herself to vote, the board of inspectors shall 48 permit [him] such person to vote, unless challenged on other grounds, 49 provided [he] the voter had been permitted to register without signing 50 [his] the voter's name. The board shall enter the words "Unable to Sign" 51 in the space on [his] the voter's registration poll record reserved for 52 [his] the voter's signature or on the line [of] or space the computer 53 generated registration list reserved for [his] the voter's signature at 54 such election. If [his] the voter's signature appears upon [his] the 55 voter's registration record or [upon] in the computer generated regis- 56 tration list the board shall challenge [him] the voter forthwith, exceptS. 2788 8 1 that if such a person claims that he or she is unable to sign his or her 2 name by reason of a physical disability incurred since [his] the voter's 3 registration, the board, if convinced of the existence of such disabili- 4 ty, shall permit him or her to vote, shall enter the words "Unable to 5 Sign" and a brief description of such disability in the space reserved 6 for [his] the voter's signature at such election. At each subsequent 7 election, if such disability still exists, [he] the voter shall be enti- 8 tled to vote without signing [his] their name and the board of inspec- 9 tors, without further notation, shall enter the words "Unable to Sign" 10 in the space reserved for [his] the voter's signature at such election. 11 3. The voter's facsimile signature [made by him upon registration and12his signature made at subsequent elections] shall be effectively 13 concealed from the voter by a blotter or [piece of opaque paper] other 14 means until after the voter shall have completed [his] the signature. 15 § 10. Subdivision 3 of section 8-306 of the election law, as amended 16 by chapter 154 of the laws of 1991, is amended to read as follows: 17 3. Any voter who requires assistance to vote by reason of blindness, 18 disability or inability to read or write may be given assistance by a 19 person of the voter's choice, other than the voter's employer or agent 20 of the employer or officer or agent of the voter's union. A voter enti- 21 tled to assistance in voting who does not select a particular person may 22 be assisted by two election inspectors not of the same political faith. 23 The inspectors or person assisting a voter shall enter the voting 24 machine or booth with [him] the voter, help [him] the voter in the prep- 25 aration of [his] the voter's ballot and, if necessary, in the return of 26 the voted ballot to the inspectors for deposit in the ballot box. The 27 inspectors shall enter in the [remarks space on the registration poll28card of an assisted voter, or next to the name of] space provided for 29 such voter [on] in the computer generated registration list, the name of 30 each officer or person rendering such assistance. 31 § 11. Subdivision 2 of section 8-508 of the election law, as amended 32 by chapter 200 of the laws of 1996, is amended to read as follows: 33 2. (a) The first section of such report shall be reserved for the 34 inspectors of election to enter the name, address and registration seri- 35 al number of each person who claims a change in name, or a change of 36 address within the election district, together with the new name or 37 address of each such person. In lieu of preparing section one of the 38 challenge list, the board of elections may provide, next to the name of 39 each voter [on] in the computer generated registration list, a place for 40 the inspectors of election to record the information required to be 41 entered in such section one, or provide [at the end of such computer42generated] elsewhere in such registration list, a place for the inspec- 43 tors of election to enter such information. 44 (b) The second section of such report shall be reserved for the board 45 of inspectors to enter the name, address and registration serial number 46 of each person who is challenged on the day of election, together with 47 the reason for the challenge. If no voters are challenged, the board of 48 inspectors shall enter the words "No Challenges" across the space 49 reserved for such names. In lieu of preparing section two of the chal- 50 lenge report, the board of elections may provide, next to the name of 51 each voter [on] in the computer generated registration list, a place for 52 the inspectors of election to record the information required to be 53 entered in such section two, or provide [at the end of such computer54generated] elsewhere in such registration list, a place for the inspec- 55 tors of election to enter such information.S. 2788 9 1 (c) The third section of such report shall be reserved for the board 2 of inspectors to enter the name, address and registration serial number 3 of each voter given assistance, together with the reason the voter was 4 allowed assistance, the name of the person giving such assistance and 5 his address if not an inspector. If no voters are given assistance, the 6 board of inspectors shall enter the words "No Assistance" across the 7 space reserved for such names. In lieu of providing section three of the 8 challenge report, the board of elections may provide, next to the name 9 of each voter [on] in the computer generated registration list, a place 10 for the inspectors of election to record the information required to be 11 entered in such section three, or provide [at the end of such computer12generated] elsewhere in such registration list, a place for the inspec- 13 tors of election to enter such information. 14 (d) The fourth section of such report shall be reserved for the board 15 of inspectors to enter the name, address and registration serial number 16 of each person who was permitted to vote pursuant to a court order, or 17 to vote on a paper ballot which was inserted in an affidavit envelope. 18 If there are no such names, such board shall enter the word "None" 19 across the space provided for such names. In lieu of providing section 20 four of such report, the board of elections may provide, next to the 21 name of each voter [on] in the computer generated registration list, a 22 place for the inspectors of election to record the information required 23 to be entered in such section four, or provide [at the end of the24computer generated] elsewhere in such registration list, a place for the 25 inspectors of election to enter such information. 26 (e) At the foot of such report [and] or at the end of any such comput- 27 er generated registration list, if applicable, shall be [printed] a 28 certificate that such report or list contains the names of all persons 29 who were challenged on the day of election, and that each voter so 30 reported as having been challenged took the oaths as required, that such 31 report or list contains the names of all voters to whom such board gave 32 or allowed assistance and lists the nature of the disability which 33 required such assistance to be given and the names and family relation- 34 ship, if any, to the voter of the persons by whom such assistance was 35 rendered; that each such assisted voter informed such board under oath 36 that he required such assistance and that each person rendering such 37 assistance took the required oath; that such report or list contains the 38 names of all voters who were permitted to vote although their registra- 39 tion poll records were missing; that the entries made by such board are 40 a true and accurate record of its proceedings with respect to the 41 persons named in such report or list. 42 (f) Upon the return of such report [and] or lists to the board of 43 elections, it shall complete the investigation of voting qualifications 44 of all persons named in the second section thereof or for whom entries 45 were placed [on] in such computer generated registration lists in lieu 46 of the preparation of the second section of the challenge report, and 47 shall forthwith proceed to cancel the registration of any person who, as 48 noted upon such report, or in such list, was challenged at such election 49 and refused either to take a challenge oath or to answer any challenge 50 question. 51 (g) The state board of elections shall prescribe a form of challenge 52 report for use pursuant to the provisions of this section. Such form may 53 require the insertion of such other information as the state board shall 54 deem appropriate. 55 § 12. Section 8-510 of the election law, the section heading as 56 amended by chapter 373 of the laws of 1978, subdivision 1 as amended byS. 2788 10 1 chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter 2 43 of the laws of 1988, is amended to read as follows: 3 § 8-510. Challenge report; completion of and [closing of registration4poll ledgers] procedure after. 1. Immediately after the close of the 5 polls the board of inspectors of election shall verify the entries which 6 it has made on the challenge report or [at the end of the] in the spaces 7 provided in the computer generated registration list by comparing such 8 entries with the information appearing on the registration poll records 9 of the affected voters or the information appearing [next to the names10of such voters on] in the spaces provided in the computer generated 11 registration list. If it has made no entries in section two, three or 12 four of such report it shall write across or note in such section the 13 words "No challenges", "No assistance" or "None", as the case may be, as 14 directed in this chapter. 15 2. After completing such report the inspectors shall sign [the] a 16 certificate [at the end of] in the spaces provided by the county board 17 of elections for such report. 18 3. The inspectors shall place such completed report, and each court 19 order, if any, directing that a person be permitted to vote, [inside a] 20 in the secure container provided by the county board of elections for 21 such ledger of registration records or computer generated registration 22 lists [between the front cover, and the first registration record] and 23 then shall close and seal each ledger of registration records or comput- 24 er generated registration lists, [affix their signature to the seal,] 25 lock such ledger in the carrying case furnished for that purpose and 26 enclose the keys in a sealed package or seal such list in the envelope 27 provided for that purpose. 28 § 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of 29 subdivision 2 of section 9-209 of the election law, as amended by chap- 30 ter 308 of the laws of 2011, are amended to read as follows: 31 (C) If such person is found to be registered and has not voted in 32 person, an inspector shall compare the signature, if any, on each envel- 33 ope with the signature, if any, on the registration poll record, the 34 computer generated list of registered voters or the list of special 35 presidential voters, of the person of the same name who registered from 36 the same address. If the signatures are found to correspond, such 37 inspector shall certify thereto by [signing] placing his or her initials 38 in the ["Inspector's Initials" line on the] space provided in the 39 computer generated list of registered voters [or in the "remarks" column40as appropriate]. 41 (D) If such person is found to be registered and has not voted in 42 person, and if no challenge is made, or if a challenge made is not 43 sustained, the envelope shall be opened, the ballot or ballots withdrawn 44 without unfolding, and the ballot or ballots deposited in the proper 45 ballot box or boxes, or envelopes, provided however that, in the case of 46 a primary election, the ballot shall be deposited in the box only if the 47 ballot is of the party with which the voter is enrolled according to the 48 entry on the back of his or her registration poll record or [next to his49or her name on] in the computer generated registration list; if not, the 50 ballot shall be rejected without inspection or unfolding and shall be 51 returned to the envelope which shall be endorsed "not enrolled." At the 52 time of the deposit of such ballot or ballots in the box or envelopes, 53 the inspectors shall enter the words "absentee vote" or "military vote" 54 in the space reserved for the voter's signature on the aforesaid list or 55 in the "remarks" [column] space as appropriate, and shall enter the yearS. 2788 11 1 and month of the election on the same line in the spaces provided there- 2 for. 3 § 14. Subdivision 4 of section 11-206 of the election law, as amended 4 by chapter 91 of the laws of 1992, is amended to read as follows: 5 4. The registration poll records of special federal voters shall be 6 filed, in alphabetical order, by election district. At each election at 7 which [the ballots of] special federal voters are [delivered to the8inspectors of election in each election district] eligible to vote, the 9 registration poll records of all special federal voters [eligible to10vote at such election] shall be delivered to such inspectors of election 11 together with the other registration poll records or the names of such 12 voters shall be included [on] in the computer generated registration 13 list. Such records shall be delivered either in a separate poll ledger 14 or a separate, clearly marked section, of the main poll ledger or [in a15separate,] be clearly marked[, section of] in the computer generated 16 registration list as the board of elections shall determine. 17 § 15. This act shall take effect on the first of January next succeed- 18 ing the date on which it shall have become a law.
