A7602A-2011 Actions

• Aug 3, 2011: signed chap.308
• Jul 22, 2011: delivered to governor
• Jun 20, 2011: RETURNED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Jun 20, 2011: 3RD READING CAL.1398
• Jun 20, 2011: SUBSTITUTED FOR S5677
• May 25, 2011: REFERRED TO ELECTIONS
• May 25, 2011: delivered to senate
• May 25, 2011: passed assembly
• May 19, 2011: advanced to third reading cal.424
• May 18, 2011: reported
• May 11, 2011: print number 7602a
• May 11, 2011: amend and recommit to election law
• May 10, 2011: referred to election law

A7602A-2011 Votes

A7602A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7602--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 May 10, 2011
 
 Introduced  by M. of A. MILLMAN -- read once and referred to the Commit
 tee on Election Law -- committee  discharged,  bill  amended,  ordered
 reprinted as amended and recommitted to said committee
 

AN ACT to amend the election law, in relation to the retention of absen
 tee ballots and the canvass of military and absentee ballots
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 2 of section 8-412  of  the  election  law,  as
 amended  by  chapter  155  of  the  laws  of 1994, is amended to read as
 follows:

 2. Absentee ballots received by the board  of  elections  [before  the
 close  of  the polls on election day from voters whose applications were
 received by such board at least seven  days  before  election  day  may]
 SHALL  be  [delivered  to  the  inspectors  of  election  in  the manner
 prescribed by this chapter or] retained at the board  of  elections  and
 cast  and  canvassed pursuant to the provisions of section 9-209 of this
 chapter [as such board shall, in its discretion, determine by resolution
 adopted at least thirty days before election day. All  ballots  received
 by  the  board of elections from voters whose applications were received
 by such board later than seven days before  election  day,  all  ballots
 received  by  such  board between election day and the seventh day after
 election day, and all federal write-in ballots  received  from  absentee
 voters,  shall  be retained at the board and shall be cast and canvassed
 in the same manner as other ballots retained by such board].
 

S 2. Paragraphs (a) and (c) of subdivision 2 of section 9-209  of  the
 election law, as amended by chapter 104 of the laws of 2010 and subpara
 graph  (i)  of  paragraph  (a)  as amended by chapter 163 of the laws of
 2010, are amended to read as follows:

 (a) (i) Upon assembling at the time and place fixed for such  meeting,
 each  central  board  of inspectors shall EXAMINE, cast, and canvass the
 envelopes and the ballots therein contained as nearly as practicable  in
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11540-02-1
 
       A. 7602--A                          2
 the FOLLOWING manner [provided by this chapter for a board of inspectors
 to consider, cast, and canvass absentee ballot envelopes.]:

 (A)  IF  A  PERSON WHOSE NAME IS ON AN ENVELOPE AS A VOTER HAS ALREADY
 VOTED IN PERSON AT SUCH ELECTION, OR IF HIS OR HER NAME AND RESIDENCE AS
 STATED ON THE ENVELOPE ARE NOT ON A REGISTRATION  POLL  RECORD,  OR  THE
 COMPUTER  GENERATED  LIST  OF  REGISTERED  VOTERS OR THE LIST OF SPECIAL
 PRESIDENTIAL VOTERS, OR IF THERE IS NO NAME ON THE ENVELOPE, OR  IF  THE
 ENVELOPE IS NOT SEALED, SUCH ENVELOPE SHALL BE LAID ASIDE UNOPENED.
 (B)  IF  THERE  IS  MORE THAN ONE BALLOT ENVELOPE EXECUTED BY THE SAME
 VOTER, THE ONE BEARING THE LATER DATE OF EXECUTION SHALL BE ACCEPTED AND
 THE OTHER REJECTED. IF IT CANNOT BE DETERMINED WHICH ENVELOPE BEARS  THE
 LATER DATE, THEN ALL SUCH ENVELOPES SHALL BE REJECTED.
 (C)  IF  SUCH  PERSON  IS  FOUND TO BE REGISTERED AND HAS NOT VOTED IN
 PERSON, AN INSPECTOR SHALL COMPARE THE SIGNATURE, IF ANY, ON EACH ENVEL
 OPE WITH THE SIGNATURE, IF ANY, ON THE  REGISTRATION  POLL  RECORD,  THE
 COMPUTER  GENERATED  LIST  OF  REGISTERED  VOTERS OR THE LIST OF SPECIAL
 PRESIDENTIAL VOTERS, OF THE PERSON OF THE SAME NAME WHO REGISTERED  FROM
 THE  SAME  ADDRESS.  IF  THE  SIGNATURES  ARE  FOUND TO CORRESPOND, SUCH
 INSPECTOR SHALL CERTIFY THERETO BY SIGNING HIS OR HER  INITIALS  IN  THE
 "INSPECTOR'S INITIALS" LINE ON THE COMPUTER GENERATED LIST OF REGISTERED
 VOTERS OR IN THE "REMARKS" COLUMN AS APPROPRIATE.
 (D)  IF  SUCH  PERSON  IS  FOUND TO BE REGISTERED AND HAS NOT VOTED IN
 PERSON, AND IF NO CHALLENGE IS MADE, OR  IF  A  CHALLENGE  MADE  IS  NOT
 SUSTAINED, THE ENVELOPE SHALL BE OPENED, THE BALLOT OR BALLOTS WITHDRAWN
 WITHOUT  UNFOLDING,  AND  THE  BALLOT OR BALLOTS DEPOSITED IN THE PROPER
 BALLOT BOX OR BOXES, OR ENVELOPES, PROVIDED HOWEVER THAT, IN THE CASE OF
 A PRIMARY ELECTION, THE BALLOT SHALL BE DEPOSITED IN THE BOX ONLY IF THE
 BALLOT IS OF THE PARTY WITH WHICH THE VOTER IS ENROLLED ACCORDING TO THE
 ENTRY ON THE BACK OF HIS OR HER REGISTRATION POLL RECORD OR NEXT TO  HIS
 OR  HER  NAME  ON  THE COMPUTER GENERATED REGISTRATION LIST; IF NOT, THE
 BALLOT SHALL BE REJECTED WITHOUT INSPECTION OR UNFOLDING  AND  SHALL  BE
 RETURNED  TO THE ENVELOPE WHICH SHALL BE ENDORSED "NOT ENROLLED." AT THE
 TIME OF THE DEPOSIT OF SUCH BALLOT OR BALLOTS IN THE BOX  OR  ENVELOPES,
 THE  INSPECTORS SHALL ENTER THE WORDS "ABSENTEE VOTE" OR "MILITARY VOTE"
 IN THE SPACE RESERVED FOR THE VOTER'S SIGNATURE ON THE AFORESAID LIST OR
 IN THE "REMARKS" COLUMN AS APPROPRIATE, AND SHALL  ENTER  THE  YEAR  AND
 MONTH OF THE ELECTION ON THE SAME LINE IN THE SPACES PROVIDED THEREFOR.
 (E)  AS EACH ENVELOPE IS OPENED, IF ONE OR MORE OF THE DIFFERENT KINDS
 OF BALLOTS TO BE VOTED AT  THE  ELECTION  ARE  NOT  FOUND  THEREIN,  THE
 CLERKS,  OR  INSPECTORS,  SHALL MAKE A MEMORANDUM SHOWING WHAT BALLOT OR
 BALLOTS ARE MISSING. IF A BALLOT ENVELOPE SHALL CONTAIN  MORE  THAN  ONE
 BALLOT  FOR  THE SAME OFFICES, ALL THE BALLOTS IN SUCH ENVELOPE SHALL BE
 REJECTED. WHEN THE CASTING OF SUCH BALLOTS SHALL HAVE BEEN COMPLETED THE
 CLERKS OR INSPECTORS SHALL ASCERTAIN THE NUMBER OF SUCH BALLOTS OF  EACH
 KIND  WHICH  HAVE BEEN DEPOSITED IN THE BALLOT BOX BY DEDUCTING FROM THE
 NUMBER OF ENVELOPES OPENED THE NUMBER OF MISSING BALLOTS, AND SHALL MAKE
 A RETURN THEREOF. THE NUMBER OF ABSENTEE VOTERS'  BALLOTS  DEPOSITED  IN
 THE  BALLOT  BOX SHALL BE ADDED TO THE NUMBER OF OTHER BALLOTS DEPOSITED
 IN THE BALLOT BOX, IN ORDER TO DETERMINE THE NUMBER OF  ALL  BALLOTS  OF
 EACH KIND TO BE ACCOUNTED FOR IN THE BALLOT BOX.
 (ii)  If the board of inspectors determines that a person was entitled
 to vote at such election it shall cast and canvass such ballot  if  such
 board  finds  that ministerial error by the board of elections or any of
 its employees caused such ballot envelope not to be valid on its face.
 (iii) If the board of elections determines that a person was  entitled
 to  vote  at such election, the board shall cast and canvass such ballot
 
       A. 7602--A                          3
 if such board finds that the  voter  appeared  at  the  correct  polling
 place,  regardless  of  the fact that the voter may have appeared in the
 incorrect election district.
 (c)  The following provisions shall apply to casting and canvassing of
 all such ballots which are counted by machine and all  other  provisions
 of  this  chapter  with  respect  to casting and canvassing such ballots
 which are not inconsistent with this paragraph shall  be  applicable  to
 such ballots.
 (i)  [Such  ballots  shall  be  counted  by  placing them, arranged by
 election district, in the counting machine.
 (ii)] Such ballots may be separated into sections before being  placed
 in the counting machine.
 [(iii)]  (II)  Any  write-in  ballots  and any ballots which cannot be
 counted by the machine shall be counted  manually  subject  to  all  the
 applicable  provisions  of  this  chapter  with  respect  to counting of
 ballots.
 [(iv)] (III) The record of the vote counted by machine for each candi
 date and for and against  each  ballot  proposal,  printed  by  election
 district,  shall be preserved in the same manner and for the same period
 as the returns of canvass for the election.
 

S 3. This act shall take effect immediately.

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