Bill Text: NY S08403 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-04 - REFERRED TO ELECTIONS [S08403 Detail]

Download: New_York-2017-S08403-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8403
                    IN SENATE
                                       May 4, 2018
                                       ___________
        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, and photo identification  if  the  voter  has  a
     8  valid  driver's  license  or  state  identification  card  issued by the
     9  department of motor vehicles. Such a list may be in a single  volume  or
    10  in  more than one volume. The list may be utilized in place of registra-
    11  tion poll records, to establish a person's eligibility to  vote  in  the
    12  polling place on election day.
    13    § 2. Subdivision 1 of section 4-128 of the election law, as amended by
    14  chapter 125 of the laws of 2011, is amended to read as follows:
    15    1.  The  board of elections of each county shall provide the requisite
    16  number of official and facsimile ballots, two cards  of  instruction  to
    17  voters  in the form prescribed by the state board of elections, at least
    18  one copy of the instruction booklet for inspectors, a sufficient  number
    19  of  maps,  street  finders  or  other descriptions of all of the polling
    20  places and election districts within the political subdivision in  which
    21  the  polling place is located to enable the election inspectors and poll
    22  clerks to determine the correct election district and polling place  for
    23  each  street address within the political subdivision in which the poll-
    24  ing place is located, distance markers, tally sheets and return  blanks,
    25  pens,  [black  ink,  or ball point pens with black ink,] pencils [having
    26  black lead], or other appropriate marking  devices,  envelopes  for  the
    27  ballots  of voters whose registration poll records are not in the ledger
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15776-01-8

        S. 8403                             2
     1  or whose names are not [on] in the computer generated registration list,
     2  envelopes for returns, identification buttons, badges or emblems for the
     3  inspectors and clerks in the form  prescribed  by  the  state  board  of
     4  elections  and such other articles of stationery as may be necessary for
     5  the proper conduct of elections,  except  that  when  a  town,  city  or
     6  village  holds  an election not conducted by the board of elections, the
     7  clerk of such town, city or village, shall  provide  such  official  and
     8  facsimile  ballots and the necessary blanks, supplies and stationery for
     9  such election.
    10    § 3. Subdivision c of section 4-132 of the election law, as amended by
    11  chapter 164 of the laws of 1985, is amended to read as follows:
    12    c. A booth or device in each election district for the use  of  voters
    13  marking  ballots.  Such  booth  or  device shall be so constructed as to
    14  permit the voter to mark his or her  ballot  in  secrecy  and  shall  be
    15  furnished  at all times with [a pencil having black lead only] an appro-
    16  priate marking device.
    17    § 4. Section 4-134 of the election law, the section heading as amended
    18  by chapter 373 of the laws of 1978, subdivisions 1 and 3 as  amended  by
    19  chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
    20  of  the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
    21  of the laws of 1990, is amended to read as follows:
    22    § 4-134. Preparation and delivery of ballots, supplies  and  equipment
    23  for  use  at  elections. 1. The board of elections shall deliver, at its
    24  office, to the clerk of each town or city  in  the  county,  except  the
    25  cities  of  New  York,  Buffalo  and  Rochester and to the clerk of each
    26  village in the county in which elections are conducted by the  board  of
    27  elections, by the Saturday before the primary, general, village or other
    28  election  for  which they are required: the official and sample ballots;
    29  ledgers prepared for delivery in the manner provided in subdivision  two
    30  of  this  section  and  containing  the registration poll records of all
    31  persons entitled to vote at such election in such town, city or village,
    32  or computer generated registration lists containing  the  names  of  all
    33  persons entitled to vote at such election in such town, city or village;
    34  challenge  reports  prepared  as  directed  by  this chapter; sufficient
    35  applications for registration by mail; sufficient ledger seals and other
    36  supplies and equipment required by this article to be  provided  by  the
    37  board of elections for each polling place in such town, city or village.
    38  The  town,  city or village clerk shall call at the office of such board
    39  of elections at such time and receive such ballots, supplies and  equip-
    40  ment.  In  the  cities  of  New York, Buffalo and Rochester the board of
    41  elections shall cause such ballots, supplies and equipment to be  deliv-
    42  ered  to the board of inspectors of each election district approximately
    43  one-half hour before the opening of the polls for voting, and shall take
    44  receipts therefor.
    45    2. The board of elections shall provide for each election  district  a
    46  ledger  or ledgers containing the registration poll records or [printed]
    47  lists with computer generated facsimile signatures, of all persons enti-
    48  tled to vote in such election district at such  election.  Such  ledgers
    49  shall  be  labelled,  sealed,  locked and transported in locked carrying
    50  cases. After leaving the board of elections no such carrying case  shall
    51  be  unlocked except at the time and in the manner provided in this chap-
    52  ter.
    53    3. [Any envelope containing absentee  voters'  ballots  on  which  the
    54  blanks have not been properly filled in shall be stamped to indicate the
    55  defect  and  shall be preserved by the board for at least one year after
    56  the receipt thereof.

        S. 8403                             3

     1    4.] Each kind of official ballot shall be arranged in a package in the
     2  consecutive order of the numbers printed on the stubs thereof  beginning
     3  with  number  one.  All  official  and  sample ballots for each election
     4  district shall be in separate sealed packages,  clearly  marked  on  the
     5  outside  thereof,  with the number and kind of ballots contained therein
     6  and indorsed with the designation of the  election  district  for  which
     7  they  were  prepared.  The  other  supplies  provided  for each election
     8  district also shall be [inclosed] enclosed in a sealed package, or pack-
     9  ages, with a label on the outside thereof showing the contents  of  each
    10  package.
    11    [5.  Each  town,  city and village clerk receiving such packages shall
    12  cause all] 4. All such packages so received and marked for any  election
    13  district  [to]  shall  be  delivered unopened and with the seals thereof
    14  unbroken to the inspectors of election of  such  election  districts  at
    15  least  [one-half]  one  hour  before  the  opening  of the polls of such
    16  election therein, [and] who shall [take] give a receipt therefor  speci-
    17  fying  the number and kind of packages delivered. [At the same time each
    18  such clerk shall cause to be delivered to such inspectors the  equipment
    19  described  in  subdivision two of this section and shall cause a receipt
    20  to be taken therefor.
    21    6.] 5. Town, city and village clerks required to provide official  and
    22  sample  ballots, registration records, seals, supplies and equipment, as
    23  described in this section, for town,  city  and  village  elections  not
    24  conducted  by the board of elections, shall in like manner, deliver them
    25  to the inspectors or presiding officers of the election at each  polling
    26  place  at  which  such meetings and elections are held, respectively, in
    27  like sealed packages marked on the outside in  like  manner,  and  shall
    28  take receipts therefor in like manner.
    29    § 5. Subdivision 1 of section 5-302 of the election law, as separately
    30  amended  by  chapter 164 and chapter 558 of the laws of 1985, is amended
    31  to read as follows:
    32    1. Before placing the registration poll record in the poll  ledger  or
    33  in  the  computer  generated registration list, the board shall enter in
    34  the space provided therefor [on  the  back  of  such  registration  poll
    35  record] the name of the party designated by the voter on his application
    36  form,  provided  such  party  continues to be a party as defined in this
    37  law.  If such party ceases to be a party at any time, either  before  or
    38  after  such enrollment is so entered, the enrollment of such voter shall
    39  be deemed to be blank and shall be entered  as  such  until  such  voter
    40  files an application for change of enrollment pursuant to the provisions
    41  of  this chapter.  [In the city of New York the board shall also affix a
    42  gummed sticker of a different color for each party in a  place  on  such
    43  registration  poll record immediately adjacent to such entry.] The board
    44  shall enter the date of such entry and affix  initials  thereto  in  the
    45  space provided.
    46    §  6.  Paragraph  c  of subdivision 3 of section 5-506 of the election
    47  law, as amended by chapter 659 of the laws of 1994, is amended  to  read
    48  as follows:
    49    c. The computer generated registration list prepared for each election
    50  in  each election district shall be [printed by a printer] prepared in a
    51  manner which meets  or  exceeds  standards  for  clarity  and  speed  of
    52  [reproduction]  production  established by the state board of elections,
    53  shall be in a form approved by such board, shall include  the  names  of
    54  all  voters  eligible to vote in such election and shall be in alphabet-
    55  ical order, except that, at a primary election, the names of the  voters
    56  enrolled in each political party may be placed in a separate part of the

        S. 8403                             4
     1  list or in a separate list, as the board of elections in its discretion,
     2  may  determine.  Such list shall contain, adjacent to each voter's name,
     3  or in a space so designated, at least  the  following:  street  address,
     4  date  of  birth,  party  enrollment,  year  of  registration, a computer
     5  reproduced facsimile of the voter's signature or an indication that  the
     6  voter is unable to sign his name, a place for the voter to sign his name
     7  at  such  election  and  a  place  for the inspectors to mark the voting
     8  machine number, the public counter number [and] if any, or the number of
     9  any paper ballots given the voter.
    10    § 7. Subdivision 2 of section 8-202 of the election law, as amended by
    11  chapter 164 of the laws of 2010, is amended to read as follows:
    12    2. The exterior of any  ballot  scanner,  ballot  marking  device  and
    13  privacy booth and every part of the polling place shall be in plain view
    14  of  the  election  inspectors  and watchers. The ballot scanners, ballot
    15  marking devices, and privacy booths shall be placed at least  four  feet
    16  from  the  table  used  by  the inspectors in charge of the poll [books]
    17  ledger or computer generated registration list. The guard-rail shall  be
    18  at  least  three feet from the machine and the table used by the inspec-
    19  tors. The election inspectors shall not  themselves  be,  or  allow  any
    20  other  person  to  be,  in  any position or near any position, that will
    21  permit one to see or ascertain how a voter votes, or how he or  she  has
    22  voted  nor shall they permit any other person to be less than three feet
    23  from the ballot scanner, ballot marking device, or privacy  booth  while
    24  occupied.  The  election inspectors or clerks attending the ballot scan-
    25  ner, ballot marking device, or privacy booth shall regularly inspect the
    26  face of the ballot scanner, ballot marking device, or  the  interior  of
    27  the privacy booth to see that the ballot scanner, ballot marking device,
    28  or privacy booth has not been damaged or tampered with. During elections
    29  the  door  or  other  covering of the counter compartment of the machine
    30  shall not be unlocked or opened except by  a  member  of  the  board  of
    31  elections,  a  voting  machine  custodian  or  any other person upon the
    32  specific instructions of the board of elections.
    33    § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the  election
    34  law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
    35  visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
    36  ing  paragraph  of  paragraph (e) of subdivision 3 as amended by chapter
    37  125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
    38  vision 3 as amended by chapter 164 of the laws of 2010, are  amended  to
    39  read as follows:
    40    2.  The  voter shall give [his] the voter's name and [his] the voter's
    41  residence address to the inspectors. An inspector shall then loudly  and
    42  distinctly announce the name and residence of the voter.
    43    2-a. (a) If a voter's name appears in the ledger or computer generated
    44  registration  list  with a notation indicating that the voter's identity
    45  was not yet verified as required by the federal Help America  Vote  Act,
    46  the  inspector shall require that the voter produce one of the following
    47  types of identification before permitting the voter to cast his  or  her
    48  vote on the voting machine:
    49    (i)  a  driver's  license  or  department of motor vehicles non-driver
    50  photo ID card or other current and valid photo identification;
    51    (ii) a copy of a current  utility  bill,  bank  statement,  government
    52  check,  paycheck  or  other  government document that shows the name and
    53  address of the voter.
    54    (b) If the voter produces an identification document listed  in  para-
    55  graph  (a)  of  this subdivision, the inspector shall indicate so in the
    56  ledger or computer generated registration list, the voter will be deemed

        S. 8403                             5
     1  verified as required by the federal Help America Vote Act and the  voter
     2  shall be permitted to cast his or her vote on the voting machine.
     3    (c) If the voter does not produce an identification document listed in
     4  paragraph  (a)  of this subdivision, the voter shall only be entitled to
     5  vote by affidavit ballot unless a court order provides otherwise.
     6    3. (a) If an applicant is challenged, the board, without delay,  shall
     7  either  enter  his  name  in  the second section of the challenge report
     8  together with the other entries required to  be  made  in  such  section
     9  opposite the applicant's name or make an entry next to [his] the voter's
    10  name  [on]  in  the computer generated registration list or in the place
    11  provided [at the end of] in the computer generated registration list.
    12    (b) A person who claims to have moved to  a  new  address  within  the
    13  election  district  in  which  he  or she is registered to vote shall be
    14  permitted to vote in the same manner as other voters  unless  challenged
    15  on other grounds. The inspectors shall enter the names and new addresses
    16  of  all such persons in either the first section of the challenge report
    17  or in the place provided [at the  end  of]  in  the  computer  generated
    18  registration  list  and  shall  also  enter the new address next to such
    19  person's address on such computer generated registration list. When  the
    20  registration  poll  records of persons who have voted from new addresses
    21  within  the  same  election  district  are  returned  to  the  board  of
    22  elections,  such  board  shall  change the addresses on the face of such
    23  registration  poll  records  without  completely  obliterating  the  old
    24  addresses  and  shall enter such new addresses and the new addresses for
    25  any such persons whose names were [on] in computer  generated  registra-
    26  tion lists into its computer records for such persons.
    27    (c)  A  person who claims a changed name shall be permitted to vote in
    28  the same manner as other voters unless challenged on other grounds.  The
    29  inspectors shall either enter the names of all such persons in the first
    30  section of the challenge report or in the place provided [at the end of]
    31  in  the  computer generated registration list, in the form in which they
    32  are registered, followed in parentheses by the name as changed or  enter
    33  the  name as changed next to such voter's name on the computer generated
    34  registration list. The voter shall sign first on the  registration  poll
    35  record  or  [on]  in  the computer generated registration list, the name
    36  under which the voter is registered and, immediately above it,  the  new
    37  name,  provided  that  [on]  in such [a computer generated] registration
    38  list, the new name may be signed in the place provided [at  the  end  of
    39  such list].  When the registration poll record of a person who has voted
    40  under a new name is returned to the board of elections, such board shall
    41  change  [his] the voter's name on the face of each [of his] registration
    42  [records] record without completely obliterating the old one, and there-
    43  after such person shall vote only under his or her new name. If a  voter
    44  has  signed  a  new name [on] in a computer generated registration list,
    45  such board shall enter such voter's new name and new signature  in  such
    46  voter's computer record.
    47    (d) If an applicant requests assistance in voting and qualifies there-
    48  for, the board shall provide assistance as directed by this chapter, and
    49  shall  without  delay  either  enter such applicant's name and the other
    50  entries required in the third section of the challenge report or make an
    51  entry next to such applicant's  name  [on]  in  the  computer  generated
    52  registration  list  or in the place provided [at the end of the computer
    53  generated] in such registration list.
    54    (e) Whenever a voter presents himself or herself and offers to cast  a
    55  ballot,  and  he or she claims to live in the election district in which
    56  he or she seeks to vote but no registration poll record can be found for

        S. 8403                             6
     1  him or her in the poll ledger or his or her name does not appear [on] in
     2  the computer generated registration list or his or  her  signature  does
     3  not  appear  next  to  his or her name [on] in such [computer generated]
     4  registration list or his or her registration poll record or the computer
     5  generated  registration  list does not show him or her to be enrolled in
     6  the party in which he or she claims to be  enrolled,  a  poll  clerk  or
     7  election   inspector  shall  consult  a  map,  street  finder  or  other
     8  description of all of the polling places and election  districts  within
     9  the political subdivision in which said election district is located and
    10  if  necessary,  contact  the  board  of elections to obtain the relevant
    11  information and advise the  voter  of  the  correct  polling  place  and
    12  election  district  for  the  residence address provided by the voter to
    13  such poll clerk or election inspector. Thereafter, such voter  shall  be
    14  permitted  to  vote  in  said  election  district  only  as  hereinafter
    15  provided:
    16    (i) He or she may present a court order requiring that he  or  she  be
    17  permitted to vote. At a primary election, such a court order must speci-
    18  fy  the  party  in  which the voter is permitted to vote. [He] The voter
    19  shall be required to sign [his] their full name on top of the first page
    20  of such order, together  with  [his]  the  voter's  registration  serial
    21  number,  if  any,  and  [his]  the  voter's  name  and the other entries
    22  required shall then be entered without delay in the  fourth  section  of
    23  the  challenge  report  or  in the place provided [at the end of] in the
    24  computer generated registration list, or, if such person's name  appears
    25  on  [the  computer  generated]  such  registration  list,  the  board of
    26  elections may provide a place to make such entry next to his or her name
    27  on such list. The voter shall then be permitted to vote  in  the  manner
    28  otherwise  prescribed  for  voters  whose  registration poll records are
    29  found in the ledger or whose names are found on the  computer  generated
    30  registration list; or
    31    (ii) He or she may swear to and subscribe an affidavit stating that he
    32  or  she  has  duly  registered  to  vote,  the  address in such election
    33  district from which he or she registered, that he or she remains a  duly
    34  qualified  voter in such election district, that his or her registration
    35  poll record appears to be lost or misplaced or  that  his  or  her  name
    36  and/or  his  or  her  signature  was omitted from the computer generated
    37  registration list or that he or she has moved within the county or  city
    38  since  he  or  she last registered, the address from which he or she was
    39  previously registered and the address  at  which  he  or  she  currently
    40  resides,  and  at  a  primary  election, the party in which he or she is
    41  enrolled. The inspectors of election shall offer such  an  affidavit  to
    42  each  such  voter  whose residence address is in such election district.
    43  Each such affidavit shall be in a form prescribed by the state board  of
    44  elections,  shall be printed on an envelope of the size and quality used
    45  for an absentee ballot envelope, and  shall  contain  an  acknowledgment
    46  that  the  affiant  understands that any false statement made therein is
    47  perjury punishable according to law. Such form prescribed by  the  state
    48  board  of  elections shall request information required to register such
    49  voter should the county board determine that such voter  is  not  regis-
    50  tered  and  shall  constitute  an  application to register to vote.  The
    51  voter's name and the entries required  shall  then  be  entered  without
    52  delay and without further inquiry in the fourth section of the challenge
    53  report  or  in the place provided [at the end of] in the computer gener-
    54  ated registration list, with the notation that the  voter  has  executed
    55  the  affidavit hereinabove prescribed, or, if such person's name appears
    56  [on the computer generated] in such  registration  list,  the  board  of

        S. 8403                             7
     1  elections may provide a place to make such entry next to his or her name
     2  [on]  in  such list.   The voter shall then, without further inquiry, be
     3  permitted to vote an affidavit ballot provided for by this chapter. Such
     4  ballot  shall  thereupon be placed in the envelope containing his or her
     5  affidavit, and  the  envelope  sealed  and  returned  to  the  board  of
     6  elections  in the manner provided by this chapter for protested official
     7  ballots, including a statement of the number of such ballots.
     8    4. At a primary election, a voter whose registration poll record is in
     9  the ledger or computer generated registration list shall be permitted to
    10  vote only in the primary of the party in which such record  shows  [him]
    11  the  voter  to  be  enrolled unless [he] the voter shall present a court
    12  order pursuant to the provisions of subparagraph (i) of paragraph (e) of
    13  subdivision three of this section  requiring  that  [he]  the  voter  be
    14  permitted  to  vote  in the primary of another party, or unless [he] the
    15  voter shall present a certificate of enrollment issued by the  board  of
    16  elections,  not  earlier  than  one  month before such primary election,
    17  pursuant to the provisions of this chapter which certifies that [he] the
    18  voter is enrolled in a party other than the one  in  which  such  record
    19  shows  [him]  the  voter  to  be  enrolled,  or  unless  he or she shall
    20  subscribe an affidavit pursuant to the provisions of  subparagraph  (ii)
    21  of paragraph (e) of subdivision three of this section.
    22    5.  Except  for  voters unable to sign their names, no person shall be
    23  permitted to vote  without  first  identifying  himself  or  herself  as
    24  required by this chapter.
    25    §  9.  Subdivisions  1,  2 and 3 of section 8-304 of the election law,
    26  subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986,  are
    27  amended to read as follows:
    28    1.  A person before being allowed to vote shall be required, except as
    29  provided in this chapter, to sign his or her name on the back of his  or
    30  her  registration  poll record on the first line reserved for his or her
    31  signature at the time of election which is not filled  with  a  previous
    32  signature,  or  [on  the  line of] in the space provided in the computer
    33  generated registration list reserved for [his]  the  voter's  signature.
    34  The two inspectors in charge shall satisfy themselves by a comparison of
    35  this  signature  with  [his]  the  voter's registration signature and by
    36  comparison of [his] the voter's appearance with the descriptive material
    37  on the face of the registration poll record that [he] the voter  is  the
    38  person  registered.  If they are so satisfied they shall enter the other
    39  information required for the election on the same line with the  voter's
    40  latest  signature,  shall  sign  their  names  or initials in the spaces
    41  provided therefor, and shall permit the applicant to vote. Any inspector
    42  or inspectors not satisfied shall challenge the applicant forthwith.
    43    2. If a person who alleges [his] an inability to sign his or her  name
    44  presents  himself  or  herself  to  vote,  the board of inspectors shall
    45  permit [him] such person to vote, unless challenged  on  other  grounds,
    46  provided  [he]  the voter had been permitted to register without signing
    47  [his] the voter's name. The board shall enter the words "Unable to Sign"
    48  in the space on [his] the voter's registration poll record reserved  for
    49  [his]  the  voter's  signature or on the line [of] or space the computer
    50  generated registration list reserved for [his] the voter's signature  at
    51  such  election.  If  [his]  the voter's signature appears upon [his] the
    52  voter's registration record or [upon] in the computer  generated  regis-
    53  tration list the board shall challenge [him] the voter forthwith, except
    54  that if such a person claims that he or she is unable to sign his or her
    55  name by reason of a physical disability incurred since [his] the voter's
    56  registration, the board, if convinced of the existence of such disabili-

        S. 8403                             8
     1  ty,  shall  permit  him or her to vote, shall enter the words "Unable to
     2  Sign" and a brief description of such disability in the  space  reserved
     3  for  [his]  the  voter's  signature at such election. At each subsequent
     4  election, if such disability still exists, [he] the voter shall be enti-
     5  tled  to  vote without signing [his] their name and the board of inspec-
     6  tors, without further notation, shall enter the words "Unable  to  Sign"
     7  in the space reserved for [his] the voter's signature at such election.
     8    3.  The voter's facsimile signature [made by him upon registration and
     9  his  signature  made  at  subsequent  elections]  shall  be  effectively
    10  concealed  from  the voter by a blotter or [piece of opaque paper] other
    11  means until after the voter shall have completed [his] the signature.
    12    § 10. Subdivision 3 of section 8-306 of the election law,  as  amended
    13  by chapter 154 of the laws of 1991, is amended to read as follows:
    14    3.  Any  voter who requires assistance to vote by reason of blindness,
    15  disability or inability to read or write may be given  assistance  by  a
    16  person  of  the voter's choice, other than the voter's employer or agent
    17  of the employer or officer or agent of the voter's union. A voter  enti-
    18  tled to assistance in voting who does not select a particular person may
    19  be  assisted by two election inspectors not of the same political faith.
    20  The inspectors or person  assisting  a  voter  shall  enter  the  voting
    21  machine or booth with [him] the voter, help [him] the voter in the prep-
    22  aration  of [his] the voter's ballot and, if necessary, in the return of
    23  the voted ballot to the inspectors for deposit in the  ballot  box.  The
    24  inspectors  shall  enter  in the [remarks space on the registration poll
    25  card of an assisted voter, or next to the name of]  space  provided  for
    26  such voter [on] in the computer generated registration list, the name of
    27  each officer or person rendering such assistance.
    28    §  11.  Subdivision 2 of section 8-508 of the election law, as amended
    29  by chapter 200 of the laws of 1996, is amended to read as follows:
    30    2. (a) The first section of such report  shall  be  reserved  for  the
    31  inspectors of election to enter the name, address and registration seri-
    32  al  number  of  each  person who claims a change in name, or a change of
    33  address within the election district, together  with  the  new  name  or
    34  address  of  each  such  person. In lieu of preparing section one of the
    35  challenge list, the board of elections may provide, next to the name  of
    36  each voter [on] in the computer generated registration list, a place for
    37  the  inspectors  of  election  to  record the information required to be
    38  entered in such section one, or provide [at the  end  of  such  computer
    39  generated]  elsewhere in such registration list, a place for the inspec-
    40  tors of election to enter such information.
    41    (b) The second section of such report shall be reserved for the  board
    42  of  inspectors to enter the name, address and registration serial number
    43  of each person who is challenged on the day of election,  together  with
    44  the reason for the challenge.  If no voters are challenged, the board of
    45  inspectors  shall  enter  the  words  "No  Challenges"  across the space
    46  reserved for such names. In lieu of preparing section two of  the  chal-
    47  lenge  report,  the  board of elections may provide, next to the name of
    48  each voter [on] in the computer generated registration list, a place for
    49  the inspectors of election to record  the  information  required  to  be
    50  entered  in  such  section  two, or provide [at the end of such computer
    51  generated] elsewhere in such registration list, a place for the  inspec-
    52  tors of election to enter such information.
    53    (c)  The  third section of such report shall be reserved for the board
    54  of inspectors to enter the name, address and registration serial  number
    55  of  each  voter given assistance, together with the reason the voter was
    56  allowed assistance, the name of the person giving  such  assistance  and

        S. 8403                             9
     1  his address if not an inspector.  If no voters are given assistance, the
     2  board  of  inspectors  shall  enter the words "No Assistance" across the
     3  space reserved for such names. In lieu of providing section three of the
     4  challenge  report,  the board of elections may provide, next to the name
     5  of each voter [on] in the computer generated registration list, a  place
     6  for  the inspectors of election to record the information required to be
     7  entered in such section three, or provide [at the end of  such  computer
     8  generated]  elsewhere in such registration list, a place for the inspec-
     9  tors of election to enter such information.
    10    (d) The fourth section of such report shall be reserved for the  board
    11  of  inspectors to enter the name, address and registration serial number
    12  of each person who was permitted to vote pursuant to a court  order,  or
    13  to  vote  on a paper ballot which was inserted in an affidavit envelope.
    14  If there are no such names, such  board  shall  enter  the  word  "None"
    15  across  the  space provided for such names. In lieu of providing section
    16  four of such report, the board of elections may  provide,  next  to  the
    17  name  of  each voter [on] in the computer generated registration list, a
    18  place for the inspectors of election to record the information  required
    19  to  be  entered  in  such  section  four,  or provide [at the end of the
    20  computer generated] elsewhere in such registration list, a place for the
    21  inspectors of election to enter such information.
    22    (e) At the foot of such report [and] or at the end of any such comput-
    23  er generated registration list, if  applicable,  shall  be  [printed]  a
    24  certificate  that  such report or list contains the names of all persons
    25  who were challenged on the day of  election,  and  that  each  voter  so
    26  reported as having been challenged took the oaths as required, that such
    27  report  or list contains the names of all voters to whom such board gave
    28  or allowed assistance and lists  the  nature  of  the  disability  which
    29  required  such assistance to be given and the names and family relation-
    30  ship, if any, to the voter of the persons by whom  such  assistance  was
    31  rendered;  that  each such assisted voter informed such board under oath
    32  that he required such assistance and that  each  person  rendering  such
    33  assistance took the required oath; that such report or list contains the
    34  names  of all voters who were permitted to vote although their registra-
    35  tion poll records were missing; that the entries made by such board  are
    36  a  true  and  accurate  record  of  its  proceedings with respect to the
    37  persons named in such report or list.
    38    (f) Upon the return of such report [and] or  lists  to  the  board  of
    39  elections,  it shall complete the investigation of voting qualifications
    40  of all persons named in the second section thereof or for  whom  entries
    41  were  placed  [on] in such computer generated registration lists in lieu
    42  of the preparation of the second section of the  challenge  report,  and
    43  shall forthwith proceed to cancel the registration of any person who, as
    44  noted upon such report, or in such list, was challenged at such election
    45  and  refused  either to take a challenge oath or to answer any challenge
    46  question.
    47    (g) The state board of elections shall prescribe a form  of  challenge
    48  report for use pursuant to the provisions of this section. Such form may
    49  require the insertion of such other information as the state board shall
    50  deem appropriate.
    51    §  12.  Section  8-510  of  the  election  law, the section heading as
    52  amended by chapter 373 of the laws of 1978, subdivision 1 as amended  by
    53  chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
    54  43 of the laws of 1988, is amended to read as follows:
    55    §  8-510. Challenge report; completion of and [closing of registration
    56  poll ledgers] procedure after. 1. Immediately after  the  close  of  the

        S. 8403                            10
     1  polls the board of inspectors of election shall verify the entries which
     2  it has made on the challenge report or [at the end of the] in the spaces
     3  provided  in  the computer generated registration list by comparing such
     4  entries  with the information appearing on the registration poll records
     5  of the affected voters or the information appearing [next to  the  names
     6  of  such  voters  on]  in  the spaces provided in the computer generated
     7  registration list. If it has made no entries in section  two,  three  or
     8  four  of  such  report it shall write across or note in such section the
     9  words "No challenges", "No assistance" or "None", as the case may be, as
    10  directed in this chapter.
    11    2. After completing such report the  inspectors  shall  sign  [the]  a
    12  certificate  [at  the end of] in the spaces provided by the county board
    13  of elections for such report.
    14    3. The inspectors shall place such completed report,  and  each  court
    15  order,  if any, directing that a person be permitted to vote, [inside a]
    16  in the secure container provided by the county board  of  elections  for
    17  such  ledger  of registration records or computer generated registration
    18  lists [between the front cover, and the first registration  record]  and
    19  then shall close and seal each ledger of registration records or comput-
    20  er  generated  registration  lists, [affix their signature to the seal,]
    21  lock such ledger in the carrying case furnished  for  that  purpose  and
    22  enclose  the  keys in a sealed package or seal such list in the envelope
    23  provided for that purpose.
    24    § 13. Clauses (C) and (D) of subparagraph  (i)  of  paragraph  (a)  of
    25  subdivision  2 of section 9-209 of the election law, as amended by chap-
    26  ter 308 of the laws of 2011, are amended to read as follows:
    27    (C) If such person is found to be registered  and  has  not  voted  in
    28  person, an inspector shall compare the signature, if any, on each envel-
    29  ope  with  the  signature,  if any, on the registration poll record, the
    30  computer generated list of registered voters  or  the  list  of  special
    31  presidential  voters, of the person of the same name who registered from
    32  the same address. If  the  signatures  are  found  to  correspond,  such
    33  inspector shall certify thereto by [signing] placing his or her initials
    34  in  the  ["Inspector's  Initials"  line  on  the]  space provided in the
    35  computer generated list of registered voters [or in the "remarks" column
    36  as appropriate].
    37    (D) If such person is found to be registered  and  has  not  voted  in
    38  person,  and  if  no  challenge  is  made, or if a challenge made is not
    39  sustained, the envelope shall be opened, the ballot or ballots withdrawn
    40  without unfolding, and the ballot or ballots  deposited  in  the  proper
    41  ballot box or boxes, or envelopes, provided however that, in the case of
    42  a primary election, the ballot shall be deposited in the box only if the
    43  ballot is of the party with which the voter is enrolled according to the
    44  entry on the back of his or her registration poll record or [next to his
    45  or her name on] in the computer generated registration list; if not, the
    46  ballot  shall  be  rejected without inspection or unfolding and shall be
    47  returned to the envelope which shall be endorsed "not enrolled." At  the
    48  time  of  the deposit of such ballot or ballots in the box or envelopes,
    49  the inspectors shall enter the words "absentee vote" or "military  vote"
    50  in the space reserved for the voter's signature on the aforesaid list or
    51  in the "remarks" [column] space as appropriate, and shall enter the year
    52  and month of the election on the same line in the spaces provided there-
    53  for.
    54    §  14. Subdivision 4 of section 11-206 of the election law, as amended
    55  by chapter 91 of the laws of 1992, is amended to read as follows:

        S. 8403                            11
     1    4. The registration poll records of special federal  voters  shall  be
     2  filed, in alphabetical order, by election district.  At each election at
     3  which  [the  ballots  of]  special  federal voters are [delivered to the
     4  inspectors of election in each election district] eligible to vote,  the
     5  registration  poll  records  of  all special federal voters [eligible to
     6  vote at such election] shall be delivered to such inspectors of election
     7  together with the other registration poll records or the names  of  such
     8  voters  shall  be  included  [on] in the computer generated registration
     9  list. Such records shall be delivered either in a separate  poll  ledger
    10  or  a separate, clearly marked section, of the main poll ledger or [in a
    11  separate,] be clearly marked[, section of]  in  the  computer  generated
    12  registration list as the board of elections shall determine.
    13    §  15.  Subdivision 6 of section 5-212 of the election law, as amended
    14  by chapter 200 of the laws of 1996, is amended to read as follows:
    15    6. The department of motor vehicles shall transmit that portion of the
    16  form which constitutes the completed  application  for  registration  or
    17  change  of  address form to the appropriate board of elections not later
    18  than ten days after receipt except that all such completed  applications
    19  and  forms  received by the department between the thirtieth and twenty-
    20  fifth day before an election shall be transmitted in such manner and  at
    21  such  time  as  to  assure  their receipt by such board of elections not
    22  later than the twentieth day before such  election.    All  transmittals
    23  shall include original signatures and photo identification of the appli-
    24  cant or voter.
    25    §  16.  Section  5-212  of the election law is amended by adding a new
    26  subdivision 6-a to read as follows:
    27    6-a. The department of motor vehicles shall, in coordination with  the
    28  state  board of elections, transmit by electronic transmission the photo
    29  identification of all registered  voters  that  have  a  valid  driver's
    30  license  or  state identification card issued by the department of motor
    31  vehicles.
    32    § 17. This act shall take effect on the first of January next succeed-
    33  ing the date on which it shall have become a law.
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