Bill Text: NY S00508 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes counties to employ computer generated registration lists; updates the list of supplies to be delivered to poll sites.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2019-02-27 - referred to ways and means [S00508 Detail]

Download: New_York-2019-S00508-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         508--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the  Committee  on  Elections  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          amended on second report, ordered  to  a  third  reading,  and  to  be
          reprinted  as amended, retaining its place in the order of third read-
          ing
        AN ACT to amend the election law, in relation  to  authorizing  computer
          generated  registration  lists; in relation to the list of supplies to
          be delivered to poll sites
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  1-104 of the election law is amended by adding a
     2  new subdivision 38 to read as follows:
     3    38. "Computer generated registration list" means a  printed  or  elec-
     4  tronic  list  of  voters  in  alphabetical  order  for a single election
     5  district or poll site, generated from a computer registration  file  for
     6  each  election  and containing for each voter listed, a facsimile of the
     7  signature of the voter. Such a list may be in a single volume or in more
     8  than one volume. The list may be utilized in place of registration  poll
     9  records,  to  establish  a  person's  eligibility to vote in the polling
    10  place on election day.
    11    (a) The state board of elections  shall  promulgate  minimum  security
    12  standards  for any electronic device, and any network or system to which
    13  the electronic device is connected, that is used to store  or  otherwise
    14  access a computer generated registration list, and shall also promulgate
    15  a list of devices that are approved for use. No local board of elections
    16  shall  be  permitted  to  use  such  a  device unless the state board of
    17  elections has previously approved the device for use and  has  certified
    18  that  the  network or system to which the electronic device is connected
    19  is compliant with the minimum security standards.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05550-04-9

        S. 508--A                           2
     1    (b) The minimum security standards for such devices shall be commensu-
     2  rate with the level of security risk  applicable  to  such  devices  and
     3  shall  specifically  take into account any security risk associated with
     4  voting equipment-related supply chains in addition to any other applica-
     5  ble security risk.
     6    (c)  The  state board of elections shall promulgate minimum redundancy
     7  procedures to ensure a list of registration records  is  available  that
     8  provides  necessary  information in a compressed format to ensure voting
     9  continues if  the  electronic  computer  generated  registration  system
    10  becomes unavailable for any poll site or election district that utilizes
    11  such an electronic computer generated registration list.
    12    § 2. Subdivision 1 of section 4-128 of the election law, as amended by
    13  chapter 125 of the laws of 2011, is amended to read as follows:
    14    1.  The  board of elections of each county shall provide the requisite
    15  number of official and facsimile ballots, two cards  of  instruction  to
    16  voters  in the form prescribed by the state board of elections, at least
    17  one copy of the instruction booklet for inspectors, a sufficient  number
    18  of  maps,  street  finders  or  other descriptions of all of the polling
    19  places and election districts within the political subdivision in  which
    20  the  polling place is located to enable the election inspectors and poll
    21  clerks to determine the correct election district and polling place  for
    22  each  street address within the political subdivision in which the poll-
    23  ing place is located, distance markers, tally sheets and return  blanks,
    24  pens,  [black  ink,  or ball point pens with black ink,] pencils [having
    25  black lead], or other appropriate marking  devices,  envelopes  for  the
    26  ballots  of voters whose registration poll records are not in the ledger
    27  or whose names are not [on] in the computer generated registration list,
    28  envelopes for returns, identification buttons, badges or emblems for the
    29  inspectors and clerks in the form  prescribed  by  the  state  board  of
    30  elections  and such other articles of stationery as may be necessary for
    31  the proper conduct of elections,  except  that  when  a  town,  city  or
    32  village  holds  an election not conducted by the board of elections, the
    33  clerk of such town, city or village, shall  provide  such  official  and
    34  facsimile  ballots and the necessary blanks, supplies and stationery for
    35  such election.
    36    § 3. Subdivision c of section 4-132 of the election law, as amended by
    37  chapter 164 of the laws of 1985, is amended to read as follows:
    38    c. A booth or device in each election district for the use  of  voters
    39  marking  ballots.  Such  booth  or  device shall be so constructed as to
    40  permit the voter to mark his or her  ballot  in  secrecy  and  shall  be
    41  furnished  at all times with [a pencil having black lead only] an appro-
    42  priate marking device.
    43    § 4. Section 4-134 of the election law, the section heading as amended
    44  by chapter 373 of the laws of 1978, subdivisions 1 and 3 as  amended  by
    45  chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
    46  of  the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
    47  of the laws of 1990, is amended to read as follows:
    48    § 4-134. Preparation and delivery of ballots, supplies  and  equipment
    49  for  use  at  elections. 1. The board of elections shall deliver, at its
    50  office, to the clerk of each town or city  in  the  county,  except  the
    51  cities  of  New  York,  Buffalo  and  Rochester and to the clerk of each
    52  village in the county in which elections are conducted by the  board  of
    53  elections, by the Saturday before the primary, general, village or other
    54  election  for  which they are required: the official and sample ballots;
    55  ledgers prepared for delivery in the manner provided in subdivision  two
    56  of  this  section  and  containing  the registration poll records of all

        S. 508--A                           3
     1  persons entitled to vote at such election in such town, city or village,
     2  or computer generated registration lists containing  the  names  of  all
     3  persons entitled to vote at such election in such town, city or village;
     4  challenge  reports  prepared  as  directed  by  this chapter; sufficient
     5  applications for registration by mail; sufficient ledger seals and other
     6  supplies and equipment required by this article to be  provided  by  the
     7  board of elections for each polling place in such town, city or village.
     8  The  town,  city or village clerk shall call at the office of such board
     9  of elections at such time and receive such ballots, supplies and  equip-
    10  ment.  In  the  cities  of  New York, Buffalo and Rochester the board of
    11  elections shall cause such ballots, supplies and equipment to be  deliv-
    12  ered  to the board of inspectors of each election district approximately
    13  one-half hour before the opening of the polls for voting, and shall take
    14  receipts therefor.
    15    2. The board of elections shall provide for each election  district  a
    16  ledger  or ledgers containing the registration poll records or [printed]
    17  lists with computer generated facsimile signatures, of all persons enti-
    18  tled to vote in such election district at such  election.  Such  ledgers
    19  shall  be  labelled,  sealed,  locked and transported in locked carrying
    20  cases. After leaving the board of elections no such carrying case  shall
    21  be  unlocked except at the time and in the manner provided in this chap-
    22  ter.
    23    3. [Any envelope containing absentee  voters'  ballots  on  which  the
    24  blanks have not been properly filled in shall be stamped to indicate the
    25  defect  and  shall be preserved by the board for at least one year after
    26  the receipt thereof.
    27    4.] Each kind of official ballot shall be arranged in a package in the
    28  consecutive order of the numbers printed on the stubs thereof  beginning
    29  with  number  one.  All  official  and  sample ballots for each election
    30  district shall be in separate sealed packages,  clearly  marked  on  the
    31  outside  thereof,  with the number and kind of ballots contained therein
    32  and indorsed with the designation of the  election  district  for  which
    33  they  were  prepared.  The  other  supplies  provided  for each election
    34  district also shall be [inclosed] enclosed in a sealed package, or pack-
    35  ages, with a label on the outside thereof showing the contents  of  each
    36  package.
    37    [5.  Each  town,  city and village clerk receiving such packages shall
    38  cause all] 4. All such packages so received and marked for any  election
    39  district  [to]  shall  be  delivered unopened and with the seals thereof
    40  unbroken to the inspectors of election of  such  election  districts  at
    41  least  [one-half]  one  hour  before  the  opening  of the polls of such
    42  election therein, [and] who shall [take] give a receipt therefor  speci-
    43  fying  the number and kind of packages delivered. [At the same time each
    44  such clerk shall cause to be delivered to such inspectors the  equipment
    45  described  in  subdivision two of this section and shall cause a receipt
    46  to be taken therefor.
    47    6.] 5. Town, city and village clerks required to provide official  and
    48  sample  ballots, registration records, seals, supplies and equipment, as
    49  described in this section, for town,  city  and  village  elections  not
    50  conducted  by the board of elections, shall in like manner, deliver them
    51  to the inspectors or presiding officers of the election at each  polling
    52  place  at  which  such meetings and elections are held, respectively, in
    53  like sealed packages marked on the outside in  like  manner,  and  shall
    54  take receipts therefor in like manner.

        S. 508--A                           4
     1    § 5. Subdivision 1 of section 5-302 of the election law, as separately
     2  amended  by  chapter 164 and chapter 558 of the laws of 1985, is amended
     3  to read as follows:
     4    1.  Before  placing the registration poll record in the poll ledger or
     5  in the computer generated registration list, the board  shall  enter  in
     6  the  space  provided  therefor  [on  the  back of such registration poll
     7  record] the name of the party designated by the voter on his application
     8  form, provided such party continues to be a party  as  defined  in  this
     9  law.    If such party ceases to be a party at any time, either before or
    10  after such enrollment is so entered, the enrollment of such voter  shall
    11  be  deemed  to  be  blank  and shall be entered as such until such voter
    12  files an application for change of enrollment pursuant to the provisions
    13  of this chapter.  [In the city of New York the board shall also affix  a
    14  gummed  sticker  of  a different color for each party in a place on such
    15  registration poll record immediately adjacent to such entry.] The  board
    16  shall  enter  the  date  of such entry and affix initials thereto in the
    17  space provided.
    18    § 6. Paragraph c of subdivision 3 of section  5-506  of  the  election
    19  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    20  as follows:
    21    c. The computer generated registration list prepared for each election
    22  in each election district shall be [printed by a printer] prepared in  a
    23  manner  which  meets  or  exceeds  standards  for  clarity  and speed of
    24  [reproduction] production established by the state board  of  elections,
    25  shall  be  in  a form approved by such board, shall include the names of
    26  all voters eligible to vote in such election and shall be  in  alphabet-
    27  ical  order, except that, at a primary election, the names of the voters
    28  enrolled in each political party may be placed in a separate part of the
    29  list or in a separate list, as the board of elections in its discretion,
    30  may determine.  Such list shall contain, adjacent to each voter's  name,
    31  or  in  a  space  so designated, at least the following: street address,
    32  date of birth,  party  enrollment,  year  of  registration,  a  computer
    33  reproduced  facsimile of the voter's signature or an indication that the
    34  voter is unable to sign his name, a place for the voter to sign his name
    35  at such election and a place for  the  inspectors  to  mark  the  voting
    36  machine number, the public counter number [and] if any, or the number of
    37  any paper ballots given the voter.
    38    § 7. Subdivision 2 of section 8-202 of the election law, as amended by
    39  chapter 164 of the laws of 2010, is amended to read as follows:
    40    2.  The  exterior  of  any  ballot  scanner, ballot marking device and
    41  privacy booth and every part of the polling place shall be in plain view
    42  of the election inspectors and watchers.  The  ballot  scanners,  ballot
    43  marking  devices,  and privacy booths shall be placed at least four feet
    44  from the table used by the inspectors in  charge  of  the  poll  [books]
    45  ledger  or computer generated registration list. The guard-rail shall be
    46  at least three feet from the machine and the table used by  the  inspec-
    47  tors.  The  election  inspectors  shall  not themselves be, or allow any
    48  other person to be, in any position or  near  any  position,  that  will
    49  permit  one  to see or ascertain how a voter votes, or how he or she has
    50  voted nor shall they permit any other person to be less than three  feet
    51  from  the  ballot scanner, ballot marking device, or privacy booth while
    52  occupied. The election inspectors or clerks attending the  ballot  scan-
    53  ner, ballot marking device, or privacy booth shall regularly inspect the
    54  face  of  the  ballot scanner, ballot marking device, or the interior of
    55  the privacy booth to see that the ballot scanner, ballot marking device,
    56  or privacy booth has not been damaged or tampered with. During elections

        S. 508--A                           5
     1  the door or other covering of the counter  compartment  of  the  machine
     2  shall  not  be  unlocked  or  opened  except by a member of the board of
     3  elections, a voting machine custodian  or  any  other  person  upon  the
     4  specific instructions of the board of elections.
     5    §  8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election
     6  law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
     7  visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
     8  ing paragraph of paragraph (e) of subdivision 3 as  amended  by  chapter
     9  125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
    10  vision  3 as separately amended by chapters 3 and 6 of the laws of 2019,
    11  are amended to read as follows:
    12    2. The voter shall give [his] the voter's name and [his]  the  voter's
    13  residence  address to the inspectors. An inspector shall then loudly and
    14  distinctly announce the name and residence of the voter.
    15    2-a. (a) If a voter's name appears in the ledger or computer generated
    16  registration list with a notation indicating that the  voter's  identity
    17  was  not  yet verified as required by the federal Help America Vote Act,
    18  the inspector shall require that the voter produce one of the  following
    19  types  of  identification before permitting the voter to cast his or her
    20  vote on the voting machine:
    21    (i) a driver's license or  department  of  motor  vehicles  non-driver
    22  photo ID card or other current and valid photo identification;
    23    (ii)  a  copy  of  a  current utility bill, bank statement, government
    24  check, paycheck or other government document that  shows  the  name  and
    25  address of the voter.
    26    (b)  If  the voter produces an identification document listed in para-
    27  graph (a) of this subdivision, the inspector shall indicate  so  in  the
    28  ledger or computer generated registration list, the voter will be deemed
    29  verified  as required by the federal Help America Vote Act and the voter
    30  shall be permitted to cast his or her vote on the voting machine.
    31    (c) If the voter does not produce an identification document listed in
    32  paragraph (a) of this subdivision, the voter shall only be  entitled  to
    33  vote by affidavit ballot unless a court order provides otherwise.
    34    3.  (a) If an applicant is challenged, the board, without delay, shall
    35  either enter his name in the second  section  of  the  challenge  report
    36  together  with  the  other  entries  required to be made in such section
    37  opposite the applicant's name or make an entry next to [his] the voter's
    38  name [on] in the computer generated registration list or  in  the  place
    39  provided [at the end of] in the computer generated registration list.
    40    (b)  A  person  who  claims  to have moved to a new address within the
    41  election district in which he or she is  registered  to  vote  shall  be
    42  permitted  to  vote in the same manner as other voters unless challenged
    43  on other grounds. The inspectors shall enter the names and new addresses
    44  of all such persons in either the first section of the challenge  report
    45  or  in  the  place  provided  [at  the end of] in the computer generated
    46  registration list and shall also enter the  new  address  next  to  such
    47  person's  address on such computer generated registration list. When the
    48  registration poll records of persons who have voted from  new  addresses
    49  within  the  same  election  district  are  returned  to  the  board  of
    50  elections, such board shall change the addresses on  the  face  of  such
    51  registration  poll  records  without  completely  obliterating  the  old
    52  addresses and shall enter such new addresses and the new  addresses  for
    53  any  such  persons whose names were [on] in computer generated registra-
    54  tion lists into its computer records for such persons.
    55    (c) A person who claims a changed name shall be permitted to  vote  in
    56  the  same manner as other voters unless challenged on other grounds. The

        S. 508--A                           6
     1  inspectors shall either enter the names of all such persons in the first
     2  section of the challenge report or in the place provided [at the end of]
     3  in the computer generated registration list, in the form in  which  they
     4  are  registered, followed in parentheses by the name as changed or enter
     5  the name as changed next to such voter's name on the computer  generated
     6  registration  list.  The voter shall sign first on the registration poll
     7  record or [on] in the computer generated  registration  list,  the  name
     8  under  which  the voter is registered and, immediately above it, the new
     9  name, provided that [on] in such  [a  computer  generated]  registration
    10  list,  the  new  name may be signed in the place provided [at the end of
    11  such list].  When the registration poll record of a person who has voted
    12  under a new name is returned to the board of elections, such board shall
    13  change [his] the voter's name on the face of each [of his]  registration
    14  [records] record without completely obliterating the old one, and there-
    15  after  such person shall vote only under his or her new name. If a voter
    16  has signed a new name [on] in a computer  generated  registration  list,
    17  such  board  shall enter such voter's new name and new signature in such
    18  voter's computer record.
    19    (d) If an applicant requests assistance in voting and qualifies there-
    20  for, the board shall provide assistance as directed by this chapter, and
    21  shall without delay either enter such applicant's  name  and  the  other
    22  entries required in the third section of the challenge report or make an
    23  entry  next  to  such  applicant's  name  [on] in the computer generated
    24  registration list or in the place provided [at the end of  the  computer
    25  generated] in such registration list.
    26    (e)  Whenever a voter presents himself or herself and offers to cast a
    27  ballot, and he or she claims to live in the election district  in  which
    28  he or she seeks to vote but no registration poll record can be found for
    29  him or her in the poll ledger or his or her name does not appear [on] in
    30  the  computer  generated  registration list or his or her signature does
    31  not appear next to his or her name [on]  in  such  [computer  generated]
    32  registration list or his or her registration poll record or the computer
    33  generated  registration  list does not show him or her to be enrolled in
    34  the party in which he or she claims to be  enrolled,  a  poll  clerk  or
    35  election   inspector  shall  consult  a  map,  street  finder  or  other
    36  description of all of the polling places and election  districts  within
    37  the political subdivision in which said election district is located and
    38  if  necessary,  contact  the  board  of elections to obtain the relevant
    39  information and advise the  voter  of  the  correct  polling  place  and
    40  election  district  for  the  residence address provided by the voter to
    41  such poll clerk or election inspector. Thereafter, such voter  shall  be
    42  permitted  to  vote  in  said  election  district  only  as  hereinafter
    43  provided:
    44    (i) He or she may present a court order requiring that he  or  she  be
    45  permitted to vote. At a primary election, such a court order must speci-
    46  fy  the  party  in  which the voter is permitted to vote. [He] The voter
    47  shall be required to sign [his] their full name on top of the first page
    48  of such order, together  with  [his]  the  voter's  registration  serial
    49  number,  if  any,  and  [his]  the  voter's  name  and the other entries
    50  required shall then be entered without delay in the  fourth  section  of
    51  the  challenge  report  or  in the place provided [at the end of] in the
    52  computer generated registration list, or, if such person's name  appears
    53  on  [the  computer  generated]  such  registration  list,  the  board of
    54  elections may provide a place to make such entry next to his or her name
    55  on such list. The voter shall then be permitted to vote  in  the  manner
    56  otherwise  prescribed  for  voters  whose  registration poll records are

        S. 508--A                           7
     1  found in the ledger or whose names are found on the  computer  generated
     2  registration list; or
     3    (ii) He or she may swear to and subscribe an affidavit stating that he
     4  or  she  has  duly  registered  to  vote,  the  address in such election
     5  district from which he or she registered, that he or she remains a  duly
     6  qualified  voter in such election district, that his or her registration
     7  poll record appears to be lost or misplaced or  that  his  or  her  name
     8  and/or  his  or  her  signature  was omitted from the computer generated
     9  registration list or such record indicates the voter already voted  when
    10  he  or  she  did  not  do so or that he or she has moved within New York
    11  state since he or she last registered, the address from which he or  she
    12  was  previously  registered and the address at which he or she currently
    13  resides, and at a primary election, the party in  which  he  or  she  is
    14  enrolled.  The  inspectors  of election shall offer such an affidavit to
    15  each such voter whose residence address is in  such  election  district.
    16  Each  such affidavit shall be in a form prescribed by the state board of
    17  elections, shall be printed on an envelope of the size and quality  used
    18  for  an  absentee  ballot  envelope, and shall contain an acknowledgment
    19  that the affiant understands that any false statement  made  therein  is
    20  perjury  punishable  according to law. Such form prescribed by the state
    21  board of elections shall request information required to  register  such
    22  voter  should  the  county board determine that such voter is not regis-
    23  tered and shall constitute an  application  to  register  to  vote.  The
    24  voter's  name  and  the  entries  required shall then be entered without
    25  delay and without further inquiry in the fourth section of the challenge
    26  report or in the place provided [at the end of] in the  computer  gener-
    27  ated  registration  list,  with the notation that the voter has executed
    28  the affidavit hereinabove prescribed, or, if such person's name  appears
    29  [on  the  computer  generated]  in  such registration list, the board of
    30  elections may provide a place to make such entry next to his or her name
    31  [on] in such list.  The voter shall then, without  further  inquiry,  be
    32  permitted to vote an affidavit ballot provided for by this chapter. Such
    33  ballot  shall  thereupon be placed in the envelope containing his or her
    34  affidavit, and  the  envelope  sealed  and  returned  to  the  board  of
    35  elections  in the manner provided by this chapter for protested official
    36  ballots, including a statement of the number of such ballots.
    37    4. At a primary election, a voter whose registration poll record is in
    38  the ledger or computer generated registration list shall be permitted to
    39  vote only in the primary of the party in which such record  shows  [him]
    40  the  voter  to  be  enrolled unless [he] the voter shall present a court
    41  order pursuant to the provisions of subparagraph (i) of paragraph (e) of
    42  subdivision three of this section  requiring  that  [he]  the  voter  be
    43  permitted  to  vote  in the primary of another party, or unless [he] the
    44  voter shall present a certificate of enrollment issued by the  board  of
    45  elections,  not  earlier  than  one  month before such primary election,
    46  pursuant to the provisions of this chapter which certifies that [he] the
    47  voter is enrolled in a party other than the one  in  which  such  record
    48  shows  [him]  the  voter  to  be  enrolled,  or  unless  he or she shall
    49  subscribe an affidavit pursuant to the provisions of  subparagraph  (ii)
    50  of paragraph (e) of subdivision three of this section.
    51    5.  Except  for  voters unable to sign their names, no person shall be
    52  permitted to vote  without  first  identifying  himself  or  herself  as
    53  required by this chapter.
    54    §  9.  Subdivisions  1,  2 and 3 of section 8-304 of the election law,
    55  subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986,  are
    56  amended to read as follows:

        S. 508--A                           8
     1    1.  A person before being allowed to vote shall be required, except as
     2  provided in this chapter, to sign his or her name on the back of his  or
     3  her  registration  poll record on the first line reserved for his or her
     4  signature at the time of election which is not filled  with  a  previous
     5  signature,  or  [on  the  line of] in the space provided in the computer
     6  generated registration list reserved for [his]  the  voter's  signature.
     7  The two inspectors in charge shall satisfy themselves by a comparison of
     8  this  signature  with  [his]  the  voter's registration signature and by
     9  comparison of [his] the voter's appearance with the descriptive material
    10  on the face of the registration poll record that [he] the voter  is  the
    11  person  registered.  If they are so satisfied they shall enter the other
    12  information required for the election on the same line with the  voter's
    13  latest  signature,  shall  sign  their  names  or initials in the spaces
    14  provided therefor, and shall permit the applicant to vote. Any inspector
    15  or inspectors not satisfied shall challenge the applicant forthwith.
    16    2. If a person who alleges [his] an inability to sign his or her  name
    17  presents  himself  or  herself  to  vote,  the board of inspectors shall
    18  permit [him] such person to vote, unless challenged  on  other  grounds,
    19  provided  [he]  the voter had been permitted to register without signing
    20  [his] the voter's name. The board shall enter the words "Unable to Sign"
    21  in the space on [his] the voter's registration poll record reserved  for
    22  [his]  the  voter's  signature or on the line [of] or space the computer
    23  generated registration list reserved for [his] the voter's signature  at
    24  such  election.  If  [his]  the voter's signature appears upon [his] the
    25  voter's registration record or [upon] in the computer  generated  regis-
    26  tration list the board shall challenge [him] the voter forthwith, except
    27  that if such a person claims that he or she is unable to sign his or her
    28  name by reason of a physical disability incurred since [his] the voter's
    29  registration, the board, if convinced of the existence of such disabili-
    30  ty,  shall  permit  him or her to vote, shall enter the words "Unable to
    31  Sign" and a brief description of such disability in the  space  reserved
    32  for  [his]  the  voter's  signature at such election. At each subsequent
    33  election, if such disability still exists, [he] the voter shall be enti-
    34  tled to vote without signing [his] their name and the board  of  inspec-
    35  tors,  without  further notation, shall enter the words "Unable to Sign"
    36  in the space reserved for [his] the voter's signature at such election.
    37    3. The voter's facsimile signature [made by him upon registration  and
    38  his  signature  made  at  subsequent  elections]  shall  be  effectively
    39  concealed from the voter by a blotter or [piece of opaque  paper]  other
    40  means until after the voter shall have completed [his] the signature.
    41    §  10.  Subdivision 3 of section 8-306 of the election law, as amended
    42  by chapter 154 of the laws of 1991, is amended to read as follows:
    43    3. Any voter who requires assistance to vote by reason  of  blindness,
    44  disability  or  inability  to read or write may be given assistance by a
    45  person of the voter's choice, other than the voter's employer  or  agent
    46  of  the employer or officer or agent of the voter's union. A voter enti-
    47  tled to assistance in voting who does not select a particular person may
    48  be assisted by two election inspectors not of the same political  faith.
    49  The  inspectors  or  person  assisting  a  voter  shall enter the voting
    50  machine or booth with [him] the voter, help [him] the voter in the prep-
    51  aration of [his] the voter's ballot and, if necessary, in the return  of
    52  the  voted  ballot  to the inspectors for deposit in the ballot box. The
    53  inspectors shall enter in the [remarks space on  the  registration  poll
    54  card  of  an  assisted voter, or next to the name of] space provided for
    55  such voter [on] in the computer generated registration list, the name of
    56  each officer or person rendering such assistance.

        S. 508--A                           9
     1    § 11. Subdivision 2 of section 8-508 of the election law,  as  amended
     2  by  chapter 200 of the laws of 1996, paragraph (b) as amended by chapter
     3  6 of the laws of 2019, is amended to read as follows:
     4    2.  (a)  The  first  section  of such report shall be reserved for the
     5  inspectors of election to enter the name, address and registration seri-
     6  al number of each person who claims a change in name,  or  a  change  of
     7  address  within  the  election  district,  together with the new name or
     8  address of each such person. In lieu of preparing  section  one  of  the
     9  challenge  list, the board of elections may provide, next to the name of
    10  each voter [on] in the computer generated registration list, a place for
    11  the inspectors of election to record  the  information  required  to  be
    12  entered  in  such  section  one, or provide [at the end of such computer
    13  generated] elsewhere in such registration list, a place for the  inspec-
    14  tors of election to enter such information.
    15    (b)  The second section of such report shall be reserved for the board
    16  of inspectors to enter the name, address and registration serial  number
    17  of each person who is challenged at the time of voting together with the
    18  reason  for  the  challenge.  If  no voters are challenged, the board of
    19  inspectors shall enter  the  words  "No  Challenges"  across  the  space
    20  reserved  for  such names. In lieu of preparing section two of the chal-
    21  lenge report, the board of elections may provide, next to  the  name  of
    22  each voter [on] in the computer generated registration list, a place for
    23  the  inspectors  of  election  to  record the information required to be
    24  entered in such section two, or provide [at the  end  of  such  computer
    25  generated]  elsewhere in such registration list, a place for the inspec-
    26  tors of election to enter such information.
    27    (c) The third section of such report shall be reserved for  the  board
    28  of  inspectors to enter the name, address and registration serial number
    29  of each voter given assistance, together with the reason the  voter  was
    30  allowed  assistance,  the  name of the person giving such assistance and
    31  his address if not an inspector.  If no voters are given assistance, the
    32  board of inspectors shall enter the words  "No  Assistance"  across  the
    33  space reserved for such names. In lieu of providing section three of the
    34  challenge  report,  the board of elections may provide, next to the name
    35  of each voter [on] in the computer generated registration list, a  place
    36  for  the inspectors of election to record the information required to be
    37  entered in such section three, or provide [at the end of  such  computer
    38  generated]  elsewhere in such registration list, a place for the inspec-
    39  tors of election to enter such information.
    40    (d) The fourth section of such report shall be reserved for the  board
    41  of  inspectors to enter the name, address and registration serial number
    42  of each person who was permitted to vote pursuant to a court  order,  or
    43  to  vote  on a paper ballot which was inserted in an affidavit envelope.
    44  If there are no such names, such  board  shall  enter  the  word  "None"
    45  across  the  space provided for such names. In lieu of providing section
    46  four of such report, the board of elections may  provide,  next  to  the
    47  name  of  each voter [on] in the computer generated registration list, a
    48  place for the inspectors of election to record the information  required
    49  to  be  entered  in  such  section  four,  or provide [at the end of the
    50  computer generated] elsewhere in such registration list, a place for the
    51  inspectors of election to enter such information.
    52    (e) At the foot of such report [and] or at the end of any such comput-
    53  er generated registration list, if  applicable,  shall  be  [printed]  a
    54  certificate  that  such report or list contains the names of all persons
    55  who were challenged on the day of  election,  and  that  each  voter  so
    56  reported as having been challenged took the oaths as required, that such

        S. 508--A                          10
     1  report  or list contains the names of all voters to whom such board gave
     2  or allowed assistance and lists  the  nature  of  the  disability  which
     3  required  such assistance to be given and the names and family relation-
     4  ship,  if  any,  to the voter of the persons by whom such assistance was
     5  rendered; that each such assisted voter informed such board  under  oath
     6  that  he  required  such  assistance and that each person rendering such
     7  assistance took the required oath; that such report or list contains the
     8  names of all voters who were permitted to vote although their  registra-
     9  tion  poll records were missing; that the entries made by such board are
    10  a true and accurate record  of  its  proceedings  with  respect  to  the
    11  persons named in such report or list.
    12    (f)  Upon  the  return  of  such report [and] or lists to the board of
    13  elections, it shall complete the investigation of voting  qualifications
    14  of  all  persons named in the second section thereof or for whom entries
    15  were placed [on] in such computer generated registration lists  in  lieu
    16  of  the  preparation  of the second section of the challenge report, and
    17  shall forthwith proceed to cancel the registration of any person who, as
    18  noted upon such report, or in such list, was challenged at such election
    19  and refused either to take a challenge oath or to answer  any  challenge
    20  question.
    21    (g)  The  state board of elections shall prescribe a form of challenge
    22  report for use pursuant to the provisions of this section. Such form may
    23  require the insertion of such other information as the state board shall
    24  deem appropriate.
    25    § 12. Section 8-510 of  the  election  law,  the  section  heading  as
    26  amended  by chapter 373 of the laws of 1978, subdivision 1 as amended by
    27  chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
    28  43 of the laws of 1988, is amended to read as follows:
    29    § 8-510. Challenge report; completion of and [closing of  registration
    30  poll  ledgers]  procedure  after.  1. Immediately after the close of the
    31  polls the board of inspectors of election shall verify the entries which
    32  it has made on the challenge report or [at the end of the] in the spaces
    33  provided in the computer generated registration list by  comparing  such
    34  entries  with the information appearing on the registration poll records
    35  of the affected voters or the information appearing [next to  the  names
    36  of  such  voters  on]  in  the spaces provided in the computer generated
    37  registration list. If it has made no entries in section  two,  three  or
    38  four  of  such  report it shall write across or note in such section the
    39  words "No challenges", "No assistance" or "None", as the case may be, as
    40  directed in this chapter.
    41    2. After completing such report the  inspectors  shall  sign  [the]  a
    42  certificate  [at  the end of] in the spaces provided by the county board
    43  of elections for such report.
    44    3. The inspectors shall place such completed report,  and  each  court
    45  order,  if any, directing that a person be permitted to vote, [inside a]
    46  in the secure container provided by the county board  of  elections  for
    47  such  ledger  of registration records or computer generated registration
    48  lists [between the front cover, and the first registration  record]  and
    49  then shall close and seal each ledger of registration records or comput-
    50  er  generated  registration  lists, [affix their signature to the seal,]
    51  lock such ledger in the carrying case furnished  for  that  purpose  and
    52  enclose  the  keys in a sealed package or seal such list in the envelope
    53  provided for that purpose.
    54    § 13. Clauses (C) and (D) of subparagraph  (i)  of  paragraph  (a)  of
    55  subdivision  2 of section 9-209 of the election law, as amended by chap-
    56  ter 308 of the laws of 2011, are amended to read as follows:

        S. 508--A                          11
     1    (C) If such person is found to be registered  and  has  not  voted  in
     2  person, an inspector shall compare the signature, if any, on each envel-
     3  ope  with  the  signature,  if any, on the registration poll record, the
     4  computer generated list of registered voters  or  the  list  of  special
     5  presidential  voters, of the person of the same name who registered from
     6  the same address. If  the  signatures  are  found  to  correspond,  such
     7  inspector shall certify thereto by [signing] placing his or her initials
     8  in  the  ["Inspector's  Initials"  line  on  the]  space provided in the
     9  computer generated list of registered voters [or in the "remarks" column
    10  as appropriate].
    11    (D) If such person is found to be registered  and  has  not  voted  in
    12  person,  and  if  no  challenge  is  made, or if a challenge made is not
    13  sustained, the envelope shall be opened, the ballot or ballots withdrawn
    14  without unfolding, and the ballot or ballots  deposited  in  the  proper
    15  ballot box or boxes, or envelopes, provided however that, in the case of
    16  a primary election, the ballot shall be deposited in the box only if the
    17  ballot is of the party with which the voter is enrolled according to the
    18  entry on the back of his or her registration poll record or [next to his
    19  or her name on] in the computer generated registration list; if not, the
    20  ballot  shall  be  rejected without inspection or unfolding and shall be
    21  returned to the envelope which shall be endorsed "not enrolled." At  the
    22  time  of  the deposit of such ballot or ballots in the box or envelopes,
    23  the inspectors shall enter the words "absentee vote" or "military  vote"
    24  in the space reserved for the voter's signature on the aforesaid list or
    25  in the "remarks" [column] space as appropriate, and shall enter the year
    26  and month of the election on the same line in the spaces provided there-
    27  for.
    28    §  14. Subdivision 4 of section 11-206 of the election law, as amended
    29  by chapter 91 of the laws of 1992, is amended to read as follows:
    30    4. The registration poll records of special federal  voters  shall  be
    31  filed, in alphabetical order, by election district.  At each election at
    32  which  [the  ballots  of]  special  federal voters are [delivered to the
    33  inspectors of election in each election district] eligible to vote,  the
    34  registration  poll  records  of  all special federal voters [eligible to
    35  vote at such election] shall be delivered to such inspectors of election
    36  together with the other registration poll records or the names  of  such
    37  voters  shall  be  included  [on] in the computer generated registration
    38  list. Such records shall be delivered either in a separate  poll  ledger
    39  or  a separate, clearly marked section, of the main poll ledger or [in a
    40  separate,] be clearly marked[, section of]  in  the  computer  generated
    41  registration list as the board of elections shall determine.
    42    §  15. This act shall take effect immediately; provided, however, that
    43  the amendments to subparagraph (ii) of paragraph (e) of subdivision 3 of
    44  section 8-302 of the election law made by  section  eight  of  this  act
    45  shall  take  effect on the same date and in the same manner as chapter 3
    46  of the laws of 2019, takes effect.
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