|SAME AS S02333
|Amd 3-222, El L
|Relates to making electronic ballot images and cast vote records public records of the board of elections upon request.
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7147 SPONSOR: Levenberg
TITLE OF BILL: An act to amend the election law, in relation to availability of elec- tronic ballot images   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require that within a week of an election, the Board of Elections shall make available to the public, upon request, electronic ballot images.   SUMMARY OF PROVISIONS: Section 1. Subdivision 1 of section 3-222 of the Election Law is amended. (i) Replaces 'electronic media' with 'memory card or other similar electronic media'. (ii) Adds the following language, "the elec- tronically rendered image of each cast ballot produced by each ballot scanner used at an election and the cast vote record that shows how the ballot image was interpreted shall be copied from the memory cards or other similar electronic media by the board of elections no later than one week after such election, and such copied electronic images of cast ballots shall be public records of the board of elections available upon request." Section 2. Establishes the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Not applicable.   JUSTIFICATION: Currently, memory cards or other similar electronic media must remain sealed against reuse until it is preserved. However, the information stored on such memory card or other similar electronic media may be examined upon the order of any court or judge of competent jurisdiction, or at the direction of a committee of the senate or assembly to report upon contested elections of members of the legislature. This bill goes a step further in stating that the electronically rendered images shall be copied from the memory cards or other similar electronic media by the Board of Elections no later than one week after such election and shall become public records, available upon request.   PRIOR LEGISLATIVE HISTORY: A. 6589-A and S.286-A of 2021/2022   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: There are no fiscal implications associated with the passage of this legislation.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 7147 2023-2024 Regular Sessions IN ASSEMBLY May 11, 2023 ___________ Introduced by M. of A. LEVENBERG -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to availability of elec- tronic ballot images The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 3-222 of the election law, as 2 amended by chapter 169 of the laws of 2011, is amended to read as 3 follows: 4 1. Except as hereinafter provided, removable memory cards or other 5 similar electronic media shall remain sealed against reuse until such 6 time as the information stored on such media has been preserved in a 7 manner consistent with procedures developed and distributed by the state 8 board of elections. Provided, however, that: (i) the information stored 9 on such memory card or other similar electronic media and all the data 10 and figures therein may be examined upon the order of any court or judge 11 of competent jurisdiction or may be examined at the direction of a 12 committee of the senate or assembly to investigate and report upon 13 contested elections of members of the legislature voted for by the use 14 of voting machines utilizing such electronic media and such data and 15 such figures examined by such committee in the presence of the officer 16 having the custody of voting machines and electronic media; and (ii) the 17 electronically rendered image of each cast ballot produced by each 18 ballot scanner used at an election and the cast vote record that shows 19 how the ballot image was interpreted shall be copied from the memory 20 cards or other similar electronic media by the board of elections no 21 later than one week after such election, and such copied electronic 22 images of cast ballots and the cast vote records shall be public records 23 of the board of elections available upon request. 24 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01328-01-3