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.