Bill Text: NY A05492 | 2019-2020 | General Assembly | Introduced


Bill Title: Allows for on demand voting wherein a voter is allowed to vote in any district within the same county as their voting district by use of a special ballot which can be produced by each district within the county on demand.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2019-02-12 - referred to election law [A05492 Detail]

Download: New_York-2019-A05492-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5492
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
          tee on Election Law
        AN ACT to amend the election law, in relation to on demand voting
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Article  8 of the election law is amended by adding a new
     2  title 6 to read as follows:
     3                                  TITLE VI
     4                              ON DEMAND VOTING
     5  Section 8-600. Right to on demand voting.
     6          8-602. On demand voting; method of.
     7    § 8-600. Right to on demand voting. Voters in the state  of  New  York
     8  shall have the right to vote in any polling place within their county by
     9  requesting  a ballot that corresponds with the ballot they would receive
    10  from their assigned polling place, having a copy of such ballot made and
    11  having such ballot cast.
    12    § 8-602. On demand voting; method of. 1.  An  on  demand  voter  shall
    13  receive  their  ballot,  fill it out, and submit such ballot in the same
    14  manner as a traditional voter with the following exceptions:
    15    (a) Upon requesting a ballot from a poll worker, an  on  demand  voter
    16  shall  give his or her full name and address. The poll worker shall then
    17  use the official statewide voter registration list to determine that the
    18  on demand voter is registered to vote  within  the  county.  If  the  on
    19  demand  voter  is registered within the same county as the district they
    20  are attempting to vote in, the poll worker shall print  an  official  on
    21  demand ballot for the on demand voter's district and supply them with an
    22  on  demand  affirmation  envelope instead of the ballot for the district
    23  they are voting in. If the on demand voter is  not  registered  to  vote
    24  within  the  same  county,  the on demand voter shall be treated as if a
    25  traditional voter attempting to vote in  the  wrong  district  with  the
    26  exception  that  they  are  supplied  an  on demand ballot and on demand
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03330-01-9

        A. 5492                             2
     1  affirmation envelope for the district they say they  are  registered  to
     2  vote in.
     3    (b)  Upon  an  on  demand voter sealing and completing the affirmation
     4  envelope in the voting area, such envelope shall  be  deposited  into  a
     5  secure on demand ballot box.
     6    2.  Once the polls are closed and no one in the district is allowed to
     7  cast a ballot in a district's place of voting, the on demand ballot  box
     8  shall  be  immediately  brought  to  the  board  of elections. On demand
     9  ballots received by the board of elections  shall  be  retained  at  the
    10  board  of elections and cast and canvassed pursuant to the provisions of
    11  section 9-209 of this chapter.
    12    § 2. The election law is amended by adding a new section 7-132 to read
    13  as follows:
    14    § 7-132. Ballots; on demand. 1. Ballots for on demand voters shall  be
    15  in  the  same form as those to be used in the on demand voters' district
    16  on election day except the  ballot  shall  have  the  words  "On  Demand
    17  Ballot", endorsed thereon.
    18    2.  The board of elections shall furnish with each on demand ballot an
    19  on demand affirmation envelope. On one side of  the  envelope  shall  be
    20  printed:
    21                          OFFICIAL ON DEMAND BALLOT
    22                                     for
    23                  GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
    24   ............., 20.......
    25  Name of voter.........................................
    26  Residence (street and number if any)..................
    27  City/or town of.......(village, if any)...............
    28  County of.............................................
    29  Assembly district ....................................
    30  Legislative District (as applicable) .................
    31  Ward (as applicable) .................................
    32  Election District.....................................
    33  Party Enrollment (in case of primary election)........
    34    3.  The  date of the election, name of the county, and name of a city,
    35  if there be a separate ballot for city voters, shall be printed, and the
    36  name of the voter, residence, number of the assembly district,  if  any,
    37  name  of  town,  number  of  ward,  if  any, election district and party
    38  enrollment, if required, shall be written onto the envelope  by  the  on
    39  demand voter.
    40    4.  There  shall  also be a place for two inspectors of opposite poli-
    41  tical parties to indicate, by placing their initials thereon, that  they
    42  have checked and marked the voter's poll record.
    43    5.  On  the reverse side of such affirmation envelope shall be printed
    44  the following statement:
    45                                 AFFIRMATION

        A. 5492                             3
     1    I do declare that I am a citizen of the United States, that I am  duly
     2  registered  in  the  election district shown on the reverse side of this
     3  envelope and I am qualified to vote in such district; that  I  have  not
     4  qualified  nor  do I intend to vote elsewhere, that I have not committed
     5  any act nor am I under any impediment which denies me the right to vote.
     6  I  hereby  declare that the foregoing is a true statement to the best of
     7  my knowledge and belief, and I understand that if I  make  any  material
     8  false  statement  in the foregoing statement of on demand voter, I shall
     9  be guilty of a misdemeanor.
    10  Date.................20.....   ........................................
    11                                 Signature or mark of voter
    12                                 ........................................
    13                                 Signature of Witness (required only
    14                                 if voter does not sign his own name)
    15                                 ........................................
    16                                 Address of Witness
    17    6. Upon the  on  demand  ballot  being  marked  and  inserted  into  a
    18  completed affirmation envelope, the affirmation envelope shall be sealed
    19  and deposited into the district's secure on demand ballot box.
    20    §  3.  Section 9-124 of the election law, as amended by chapter 334 of
    21  the laws of 2013, is amended to read as follows:
    22    § 9-124. Returns of canvass, procedure after. 1. After the returns  of
    23  the  canvass  are  made out and signed, the inspectors shall enclose the
    24  protested and void ballots and the ballots cast in  affidavit  envelopes
    25  in a separate sealed envelope or envelopes and endorse thereon a certif-
    26  icate  signed by each of them stating the number of the district and the
    27  number of ballots contained in such envelope or envelopes.  The  inspec-
    28  tors  shall  enclose the unscanned voted ballots canvassed in accordance
    29  with section 9-110 of this title  in  a  separate  sealed  envelope  and
    30  endorse  thereon a certificate signed by each of them stating the number
    31  of the district and the number of ballots contained  in  such  envelope.
    32  The  inspectors  shall then package and seal the other voted ballots and
    33  place them in one or more boxes or containers, and include  within  such
    34  boxes  or containers one portable memory device from each ballot scanner
    35  pursuant to paragraph (d) of subdivision two of section  9-102  of  this
    36  title,  and  any  absentee,  on  demand,  military,  special federal, or
    37  special presidential ballots which may have been delivered to  the  poll
    38  site  during  election  day,  and  securely  lock and seal such boxes or
    39  containers. Notwithstanding the preceding sentence, such portable memory
    40  device from each ballot scanner with the corresponding results tape  may
    41  be enclosed in a sealed container and transported prior to and separate-
    42  ly  from  other  materials referenced in this section for the purpose of
    43  using such device to provide an unofficial tally of results as  required
    44  by section 9-126 of this title.
    45    2.  Each box, envelope, or container containing the ballots and stubs,
    46  if any, and all items described in subdivision one of this section shall
    47  be deposited by an inspector designated for that purpose with the  offi-
    48  cer  or board from whom or which the board of inspectors received it. In
    49  the city of New York, every such box, envelope, or  container  shall  be
    50  delivered at the polling place to police or peace officers designated by

        A. 5492                             4
     1  the  police  commissioner  of such city, who shall deposit them with the
     2  board of elections.
     3    3.  (a)  Except in the city of New York, the registration poll records
     4  or computer generated registration lists, the returns  of  canvass  with
     5  results  tapes  and  tally  sheets,  if any, annexed, the voted ballots,
     6  stubs, opened packages of  unused  ballots  and  ballot  envelopes,  any
     7  absentee,  on demand, military, special federal, or special presidential
     8  ballots which may have been delivered to the poll site  during  election
     9  day, the challenge records and the package of protested and void ballots
    10  shall be filed with the board of elections.
    11    (b)  Records  and  supplies  to  be filed with a city, town or village
    12  clerk shall be so filed or delivered immediately after the completion of
    13  the returns of the canvass, by an inspector designated by the  board  of
    14  inspectors.  Returns,  papers  and registration poll records or computer
    15  generated registration lists to be filed with  the  board  of  elections
    16  shall  be  so  filed  by  the chairman of the board of inspectors within
    17  twenty-four hours after the  completion  of  such  returns.  The  person
    18  receiving  such  returns  in  the  board  of elections shall give to the
    19  person delivering the returns a receipt stating  therein  the  date  and
    20  hour  of  delivery,  the  name of the person making the delivery, and to
    21  whom said returns were delivered and shall  keep  a  duplicate  of  said
    22  receipt on file in the office of the board of elections.
    23    (c)  The county legislative body of any county in the state except the
    24  counties comprising the city of New York may, by a resolution, ordinance
    25  or act as required, provide that all returns, papers, registration  poll
    26  records  or computer generated registration lists, books, records, docu-
    27  ments, and other election supplies and materials shall be filed  by  the
    28  chairman  of  the board of inspectors of elections in a city or town and
    29  in a village in which elections are conducted by the board of elections,
    30  with the city, town or village clerk of such city, town  or  village  in
    31  the  county  within eighteen hours after the closing of the polls at any
    32  primary, general, special or village election  and  the  city,  town  or
    33  village  clerk  upon receiving such returns, papers, registers or lists,
    34  books, records, documents, and other  election  supplies  and  materials
    35  shall  give to the person making the delivery, a receipt stating therein
    36  the date and hour of the delivery and the name of  such  person.  Within
    37  twenty-four  hours after the closing of the polls at any primary, gener-
    38  al, special or village election, the city, town or village  clerk  shall
    39  file  all  returns, papers, registration poll records or computer gener-
    40  ated registration lists, books, records, documents  and  other  election
    41  supplies  and materials filed with him by the inspectors of the election
    42  districts of the city, town or village, with the board of  elections  of
    43  the  county  and  the board of elections shall give to the city, town or
    44  village clerk a receipt therefor stating therein the date  and  hour  of
    45  the  delivery and the name of the person making the delivery and to whom
    46  it was made, and shall keep a duplicate of said receipt on file  in  the
    47  office of the board of elections.
    48    (d)  In the city of New York, the board of inspectors shall deliver to
    49  police or peace officers designated by the police commissioner  of  such
    50  city,  at  the  polling  place the registration poll records or computer
    51  generated registration lists, challenge  report,  records,  keys,  other
    52  election  supplies,  including  two copies of the returns of the canvass
    53  and any absentee, on demand, military, special federal, or special pres-
    54  idential ballots which may have been delivered to the poll  site  during
    55  election  day, voted ballots, stubs, open packages of unused ballots and
    56  ballot envelopes. Such police or peace officers shall file the  returns,

        A. 5492                             5
     1  the  package of void and protested ballots, if any, and the absentee, on
     2  demand, military, special federal, special presidential,  and  emergency
     3  ballots,  stubs  and  ballot envelopes, if any, within twenty-four hours
     4  after the close of the polls, in the office of the board of elections or
     5  its branch office within the borough, as the case may be.
     6    § 4. Subdivision 3 of section 3-222 of the election law, as amended by
     7  chapter 282 of the laws of 2011, is amended to read as follows:
     8    3.  Except  as  hereinafter  provided, packages of protested, void and
     9  wholly blank ballots, open packages of unused ballots and  all  absentee
    10  [and],  on  demand,  military, special federal, special presidential and
    11  emergency ballots and ballot envelopes,  if  any,  opened  or  unopened,
    12  shall  be preserved for two years after the election. Sealed packages of
    13  unused ballots shall be retained  for  four  months,  and  may  then  be
    14  destroyed,  provided  a  certificate  articulating the election district
    15  identifying data and numbers of such ballots is filed with  the  balance
    16  of  ballots  described  in this section, for the balance of the two year
    17  retention period. Except as hereinafter provided, boxes containing voted
    18  paper ballots, if any shall be preserved inviolate for four months after
    19  the election, or until one month  before  the  next  election  occurring
    20  within  five  months after a preceding election if such boxes are needed
    21  for use at such next election and if the officer or board in  charge  of
    22  such  voted  paper  ballots  is  required by law to furnish ballot boxes
    23  therefor.  Provided, however, that such ballot boxes and  such  packages
    24  may  be  opened,  and  their contents and the absentee [and], on demand,
    25  military, special federal, special presidential  and  emergency  ballots
    26  and  ballot  envelopes  may  be examined, upon the order of any court or
    27  justice of competent jurisdiction. Boxes and envelopes containing absen-
    28  tee, on demand, military and emergency ballots voted  at  a  general  or
    29  special  election,  for  the office of member of the senate or assembly,
    30  packages of void, protested and wholly blank ballots, unopened absentee,
    31  on demand and military ballot  envelopes  and  the  packages  of  unused
    32  ballots, in connection with such election, also may be opened, and their
    33  contents  and  such  envelopes  also  may be examined, by direction of a
    34  committee of the  senate  or  assembly  to  investigate  and  report  on
    35  contested  elections  of  members  of  the legislature. Unless otherwise
    36  ordered or directed by such a court, justice or  committee,  such  boxes
    37  shall  be  opened and their contents and such packages and the envelopes
    38  containing voted ballots and ballot envelopes shall be destroyed, at the
    39  expiration  of  the  period  during  which  they  are  required  by  the
    40  provisions of this section to be preserved, except that instead of being
    41  destroyed,  they  may  be  sold and the proceeds paid over in the manner
    42  provided with respect to the sale of books, records and papers  pertain-
    43  ing to an election.
    44    §  5.  Section  4-134  of  the election law is amended by adding a new
    45  subdivision 3-a to read as follows:
    46    3-a. Any affirmation envelope containing on demand voters' ballots  on
    47  which  the  blanks  have not been properly filled in shall be stamped to
    48  indicate the defect and shall be preserved by the board for at least one
    49  year after the receipt thereof.
    50    § 6. Subdivision 1 of section 5-502 of the election law, as amended by
    51  chapter 510 of the laws of 1985, is amended to read as follows:
    52    1. The board of elections shall furnish in time for use by the  boards
    53  of inspectors of election, the registration records, an American flag, a
    54  map or certified description of the election district, and the adjoining
    55  election  districts, challenge affidavits, absentee voting applications,
    56  a list of voters who are currently registered in the election  district,

        A. 5492                             6
     1  a list of those voters who have been cancelled in the last year with the
     2  reason  for  such  cancellations,  forms  for  statements  of  temporary
     3  absence, a sufficient number of copies of the  ballot  proposals  to  be
     4  submitted  to  the  voters at the ensuing election, at least one copy of
     5  the instruction booklet for inspectors, a mechanism for producing an  on
     6  demand  ballot  for  any person registered to vote within the county, on
     7  demand affirmation envelopes and all other forms and  supplies  required
     8  for  the  administration  of the registration system as provided by this
     9  article.
    10    § 7. Paragraph i of subdivision 3 of section  5-614  of  the  election
    11  law,  as  added by chapter 24 of the laws of 2005, is amended to read as
    12  follows:
    13    i. allow local boards  of  elections,  using  their  own  systems,  to
    14  perform  essential election functions including but not limited to proc-
    15  essing of absentee voters, processing  of  on  demand  voters,  adminis-
    16  tration  of  poll  workers  and  polling  places, assignment of election
    17  jurisdictions based on residence and address and other functions  neces-
    18  sary  for  the conduct of elections using voter registration information
    19  from the official statewide voter registration list.
    20    § 8. Section 8-502 of the election law, as amended by chapter  373  of
    21  the laws of 1978, is amended to read as follows:
    22    § 8-502. Challenges; generally. Before his vote is cast at an election
    23  any  person  may  be challenged as to his right to vote, or his right to
    24  vote by absentee, on demand, military, special federal or special presi-
    25  dential ballot. Such challenge may be made by an inspector or clerk,  by
    26  any  duly  appointed watcher, or by any registered voter properly in the
    27  polling place. An inspector shall challenge  every  person  offering  to
    28  vote,  whom  he  shall  know  or  suspect is not entitled to vote in the
    29  district, and every person whose name appears on the list of persons  to
    30  be  challenged  on  election  day  which  is  furnished  by the board of
    31  elections.
    32    § 9. The section heading and subdivision 1 of  section  8-506  of  the
    33  election law, the section heading as amended by chapter 8 of the laws of
    34  1978 and subdivision 1 as amended by chapter 40 of the laws of 2009, are
    35  amended to read as follows:
    36    Challenges; absentee, on demand, military, special federal and special
    37  presidential  ballots. 1. During the examination of absentee, on demand,
    38  military, special federal and special presidential voters' ballot envel-
    39  opes, any inspector shall, and any watcher or registered voter  properly
    40  in  the  polling place may, challenge the casting of any ballot upon the
    41  ground or grounds allowed for challenges  generally,  or  (a)  that  the
    42  voter was not entitled to cast an absentee, on demand, military, special
    43  federal  or special presidential ballot, or (b) that notwithstanding the
    44  permissive use of titles, initials or customary abbreviations  of  given
    45  names,  the  signature on the ballot envelope does not correspond to the
    46  signature on the registration poll record, or (c) that  the  voter  died
    47  before the day of the election.
    48    §  10. Section 9-209 of the election law, as amended by chapter 104 of
    49  the laws of 2010, the opening paragraph as amended by chapter 163 of the
    50  laws of 2010 and paragraphs (a) and (c) of subdivision 2 as  amended  by
    51  chapter 308 of the laws of 2011, is amended to read as follows:
    52    §  9-209. Canvass of absentee, on demand, military and special ballots
    53  and ballots cast by voters with registration  poll  records  missing  on
    54  days  of  election  or voters who have not had their identity previously
    55  verified or who have moved  after  registering.  Before  completing  the
    56  canvass  of  votes  cast  in  any  primary,  general,  special, or other

        A. 5492                             7
     1  election at which voters are required to sign  their  registration  poll
     2  records  before  voting,  the  board  of  elections shall proceed in the
     3  manner hereinafter prescribed to  cast  and  canvass  any  absentee,  on
     4  demand, military, special presidential, special federal or other special
     5  ballots  and  any ballots voted by voters who moved within the county or
     6  city after registering, voters who are in inactive status, voters  whose
     7  registration  was incorrectly transferred to another address even though
     8  they did not move, voters whose registration poll records  were  missing
     9  on  the  day  of  such  election, voters who have not had their identity
    10  previously verified and voters whose registration poll records  did  not
    11  show  them  to  be  enrolled  in  the  party in which they claimed to be
    12  enrolled. Each such ballot shall be retained in  the  original  envelope
    13  containing the voter's affidavit and signature, in which it is delivered
    14  to  the  board  of  elections  until  such  time as it is to be cast and
    15  canvassed.
    16    1. (a) The board of elections shall designate itself or  such  of  its
    17  employees  as  it shall deem appropriate as a set of poll clerks to cast
    18  and canvass such ballots, and fix a time and place for their meeting for
    19  such purpose, provided that such meeting shall be no more than  fourteen
    20  days  after  a  general  or special election and no more than eight days
    21  after a primary election at which such ballots are voted. The board  may
    22  designate  additional sets of poll clerks and if it designates more than
    23  one such set shall apportion among all such sets the election  districts
    24  from  which  such  ballots  have  been  received, provided that all such
    25  ballots from a single election district shall be assigned  to  a  single
    26  set  of  clerks, and that each such set shall be divided equally between
    27  representatives of the two major political parties.  Each  such  set  of
    28  clerks  shall  be  deemed  a central board of inspectors for purposes of
    29  this section.
    30    (b) At least five days prior to the time fixed for such  meeting,  the
    31  board shall send notice by first class mail to each candidate, political
    32  party, and independent body entitled to have had watchers present at the
    33  polls  in any election district in the board's jurisdiction. Such notice
    34  shall state the time and place fixed by the board for such canvass.
    35    (c) Each such candidate, political party, and independent  body  shall
    36  be  entitled  to  appoint  such  number  of watchers to attend upon each
    37  central board of inspectors as such candidate, political party, or inde-
    38  pendent body was entitled  to  appoint  at  such  election  in  any  one
    39  election  district  for which such central board of inspectors is desig-
    40  nated to act.
    41    2.  (a) (i) Upon assembling at the time and place fixed for such meet-
    42  ing, each central board of inspectors shall examine, cast,  and  canvass
    43  the envelopes and the ballots therein contained as nearly as practicable
    44  in the following manner:
    45    (A)  If  a  person whose name is on an envelope as a voter has already
    46  voted in person at such election, or if his or her name and residence as
    47  stated on the envelope are not on a registration  poll  record,  or  the
    48  computer  generated  list  of  registered  voters or the list of special
    49  presidential voters, or if there is no name on the envelope, or  if  the
    50  envelope is not sealed, such envelope shall be laid aside unopened.
    51    (B)  If  there  is  more than one ballot envelope executed by the same
    52  voter, the one bearing the later date of execution shall be accepted and
    53  the other rejected. If it cannot be determined which envelope bears  the
    54  later date, then all such envelopes shall be rejected.
    55    (C)  If  such  person  is  found to be registered and has not voted in
    56  person, an inspector shall compare the signature, if any, on each envel-

        A. 5492                             8
     1  ope with the signature, if any, on the  registration  poll  record,  the
     2  computer  generated  list  of  registered  voters or the list of special
     3  presidential voters, of the person of the same name who registered  from
     4  the  same  address.  If  the  signatures  are  found to correspond, such
     5  inspector shall certify thereto by signing his or her  initials  in  the
     6  "Inspector's Initials" line on the computer generated list of registered
     7  voters or in the "remarks" column as appropriate.
     8    (D)  If  such  person  is  found to be registered and has not voted in
     9  person, and if no challenge is made, or  if  a  challenge  made  is  not
    10  sustained, the envelope shall be opened, the ballot or ballots withdrawn
    11  without  unfolding,  and  the  ballot or ballots deposited in the proper
    12  ballot box or boxes, or envelopes, provided however that, in the case of
    13  a primary election, the ballot shall be deposited in the box only if the
    14  ballot is of the party with which the voter is enrolled according to the
    15  entry on the back of his or her registration poll record or next to  his
    16  or  her  name  on  the computer generated registration list; if not, the
    17  ballot shall be rejected without inspection or unfolding  and  shall  be
    18  returned  to the envelope which shall be endorsed "not enrolled." At the
    19  time of the deposit of such ballot or ballots in the box  or  envelopes,
    20  the  inspectors  shall enter the words "absentee vote", "on demand vote"
    21  or "military vote" in the space reserved for the  voter's  signature  on
    22  the  aforesaid list or in the "remarks" column as appropriate, and shall
    23  enter the year and month of the election on the same line in the  spaces
    24  provided therefor.
    25    (E)  As each envelope is opened, if one or more of the different kinds
    26  of ballots to be voted at  the  election  are  not  found  therein,  the
    27  clerks,  or  inspectors,  shall make a memorandum showing what ballot or
    28  ballots are missing. If a ballot envelope shall contain  more  than  one
    29  ballot  for  the same offices, all the ballots in such envelope shall be
    30  rejected.  When the casting of such ballots shall  have  been  completed
    31  the  clerks  or inspectors shall ascertain the number of such ballots of
    32  each kind which have been deposited in the ballot box by deducting  from
    33  the  number of envelopes opened the number of missing ballots, and shall
    34  make a return thereof. The number of absentee  voters'  ballots  and  on
    35  demand voters' ballots deposited in the ballot box shall be added to the
    36  number  of other ballots deposited in the ballot box, in order to deter-
    37  mine the number of all ballots of each kind to be accounted for  in  the
    38  ballot box.
    39    (ii)  If the board of inspectors determines that a person was entitled
    40  to vote at such election it shall cast and canvass such ballot  if  such
    41  board  finds  that ministerial error by the board of elections or any of
    42  its employees caused such ballot envelope not to be valid on its face.
    43    (iii) If the board of elections determines that a person was  entitled
    44  to  vote  at such election, the board shall cast and canvass such ballot
    45  if such board finds that the  voter  appeared  at  the  correct  polling
    46  place,  regardless  of  the fact that the voter may have appeared in the
    47  incorrect election district.
    48    (b)(i) Such board of inspectors shall also cast and canvass any feder-
    49  al write-in absentee ballots validly cast by an absentee voter, a  mili-
    50  tary  voter  or a special federal voter for the offices of president and
    51  vice-president, United States senator and  representative  in  congress.
    52  Such  board of inspectors shall also cast and canvass any federal write-
    53  in absentee ballots validly cast by a military voter for  all  questions
    54  or  proposals,  public  offices  or party positions for which a military
    55  voter is otherwise eligible to vote as provided  in  section  10-104  of
    56  this chapter.

        A. 5492                             9
     1    (ii)  Federal  write-in  absentee  ballots shall be cast and canvassed
     2  only if: (A) an application for an absentee, military or special federal
     3  ballot was received from the absentee, military or special federal voter
     4  at least thirty days before  election  day;  (B)  the  federal  write-in
     5  absentee  ballot  was submitted from inside or outside the United States
     6  by a military voter or was submitted from outside the United States by a
     7  special federal voter; (C) such ballot  is  received  by  the  board  of
     8  elections  not later than thirteen days following the day of election or
     9  seven days after a primary election; and (D) the absentee,  military  or
    10  special  federal  ballot  which was sent to the voter is not received by
    11  the board of elections by the thirteenth day  following  the  day  of  a
    12  general or special election or the seventh day after a primary election.
    13    (iii)  If  such  a  federal write-in absentee ballot is received after
    14  election day, the envelope in which it is received must contain:  (A)  a
    15  cancellation mark of the United States postal service or a foreign coun-
    16  try's  postal  service;  (B)  a  dated endorsement of receipt by another
    17  agency of the United States government; or (C) if  cast  by  a  military
    18  voter,  the signature and date of the voter and one witness thereto with
    19  a date which is ascertained to be not later than the day before election
    20  day.
    21    (iv) If such a federal write-in absentee ballot contains the name of a
    22  person or persons in the space provided for a vote for any office,  such
    23  ballot shall be counted as a vote for such person or persons. A vote for
    24  a  person who is the candidate of a party or independent body either for
    25  president or vice-president shall be deemed to be a vote  for  both  the
    26  candidates of such party or independent body for such offices. If such a
    27  ballot  contains  the  name  of a party or independent body in the space
    28  provided for a vote for any office, such ballot shall be deemed to be  a
    29  vote for the candidate or candidates, if any, of such party or independ-
    30  ent  body  for  such office. In the case of the offices of president and
    31  vice-president a vote cast for a candidate, either directly or by  writ-
    32  ing  in the name of a party or independent body, shall also be deemed to
    33  be votes for the electors supporting such candidate.  Any  abbreviation,
    34  misspelling or other minor variation in the form of the name of a candi-
    35  date  or a party or independent body shall be disregarded in determining
    36  the validity of the ballot, if the intention can be ascertained.
    37    (b-1) Such board of inspectors shall also cast and canvass any federal
    38  write-in on demand ballots validly cast by an on demand  voter  for  the
    39  offices  of  president  and  vice-president,  United  States senator and
    40  representative in congress. If such a federal write-in on demand  ballot
    41  contains  the  name  of  a person or persons in the space provided for a
    42  vote for any office, such ballot shall be counted as  a  vote  for  such
    43  person  or  persons. A vote for a person who is the candidate of a party
    44  or independent body either for  president  or  vice-president  shall  be
    45  deemed to be a vote for both the candidates of such party or independent
    46  body  for such offices. If such a ballot contains the name of a party or
    47  independent body in the space provided for a vote for any  office,  such
    48  ballot  shall be deemed to be a vote for the candidate or candidates, if
    49  any, of such party or independent body for such office.  In the case  of
    50  the offices of president and vice-president a vote cast for a candidate,
    51  either  directly  or  by  writing  in the name of a party or independent
    52  body, shall also be deemed to be votes for the electors supporting  such
    53  candidate. Any abbreviation, misspelling or other minor variation in the
    54  form  of the name of a candidate or a party or independent body shall be
    55  disregarded in determining the validity of the ballot, if the  intention
    56  can be ascertained.

        A. 5492                            10
     1    (c)  The following provisions shall apply to casting and canvassing of
     2  all such ballots which are counted by machine and all  other  provisions
     3  of  this  chapter  with  respect  to casting and canvassing such ballots
     4  which are not inconsistent with this paragraph shall  be  applicable  to
     5  such ballots.
     6    (i) Such ballots may be separated into sections before being placed in
     7  the counting machine.
     8    (ii)  Any  write-in ballots and any ballots which cannot be counted by
     9  the machine shall be counted manually  subject  to  all  the  applicable
    10  provisions of this chapter with respect to counting of ballots.
    11    (iii) The record of the vote counted by machine for each candidate and
    12  for  and  against  each  ballot  proposal, printed by election district,
    13  shall be preserved in the same manner and for the  same  period  as  the
    14  returns of canvass for the election.
    15    (d)  Any  person lawfully present may object to the refusal to cast or
    16  canvass any ballot on the grounds that the voter is a properly qualified
    17  voter of the election district, or in the case of a party  primary  duly
    18  enrolled in such party, or to the casting or canvassing of any ballot on
    19  the  grounds  that  the  voter  is not a properly qualified voter of the
    20  election district, or in the case of a party primary not  duly  enrolled
    21  in  such  party, or otherwise not entitled to cast such ballot. When any
    22  such objection is made, the central board of inspectors shall  forthwith
    23  proceed  to  determine  such  objection  and  reject or cast such ballot
    24  according to such determination. If the board cannot  agree  as  to  the
    25  validity  of  the  ballot it shall set the ballot aside, unopened, for a
    26  period of three days at which time the ballot envelope shall  be  opened
    27  and the vote counted unless otherwise directed by an order of the court.
    28    (e)  Upon completing the casting and canvassing of ballots as hereina-
    29  bove provided for any election district, the central board of inspectors
    30  shall thereupon, as nearly as practicable in the manner provided in this
    31  chapter for absentee and on demand ballots, verify the number of ballots
    32  so cast, tally the votes so cast, add such tally to the  previous  tally
    33  of all votes cast in such election district, and announce the result.
    34    §  11. Subdivision 1 of section 16-106 of the election law, as amended
    35  by chapter 659 of the laws of 1994, is amended to read as follows:
    36    1.  The casting or canvassing or refusal to cast  challenged  ballots,
    37  blank  ballots,  void  or canvass absentee, on demand, military, special
    38  federal, federal write-in or emergency  ballots  and  ballots  voted  in
    39  affidavit  envelopes by persons whose registration poll records were not
    40  in the ledger or whose names were not on the computer  generated  regis-
    41  tration list on the day of election or voters in inactive status, voters
    42  who  moved  to  a new address in the city or county or after they regis-
    43  tered or voters who claimed to be enrolled in a party  other  than  that
    44  shown  on  their  registration  poll record or on the computer generated
    45  registration list and the original applications for [a]  an  on  demand,
    46  military,  special  federal,  federal  write-in,  emergency  or absentee
    47  voter's ballot may be  contested  in  a  proceeding  instituted  in  the
    48  supreme  or  county court, by any candidate or the chairman of any party
    49  committee, and by any voter with respect to the  refusal  to  cast  such
    50  voter's ballot, against the board of canvassers of the returns from such
    51  district,  if  any,  and  otherwise  against  the board of inspectors of
    52  election of such district. If the court determines that the  person  who
    53  cast  such  ballot was entitled to vote at such election, it shall order
    54  such ballot to be cast and canvassed if the court finds that ministerial
    55  error by the board of elections or any  of  its  employees  caused  such
    56  ballot envelope not to be valid on its face.

        A. 5492                            11
     1    §  12.  Subdivision 4 of section 16-108 of the election law is amended
     2  to read as follows:
     3    4.  Such  court,  justice  or judge, in a proceeding instituted by any
     4  voter unlawfully denied an absentee or on demand ballot or the  applica-
     5  tion  therefor,  shall compel, by order, the delivery to such voter of a
     6  ballot or application.
     7    § 13. Subdivision 23 of section 17-130 of the election law, as  renum-
     8  bered  by  chapter 373 of the laws of 1978, is renumbered subdivision 24
     9  and a new subdivision 23 is added to read as follows:
    10    23. Intentionally opens an on demand voter's affirmation  envelope  or
    11  examines  the  contents thereof after the receipt of the envelope by the
    12  board of elections and before the close of the polls  at  the  election;
    13  or,
    14    §  14.  Subdivision  9 of section 17-132 of the election law is renum-
    15  bered subdivision 10 and a  new  subdivision  9  is  added  to  read  as
    16  follows:
    17    9.  Fraudulently  signs  the name of another upon an on demand voter's
    18  affirmation envelope or aids in doing or attempting to do  a  fraudulent
    19  act  in  connection with an on demand vote cast or attempted to be cast;
    20  or,
    21    § 15. This act shall take effect on  the  one  hundred  twentieth  day
    22  after  it  shall  have  become  a law, provided, however, that the state
    23  board of elections shall promulgate any rules and regulations  necessary
    24  for the implementation of this act on or before such effective date.
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