Decreases the amount of unused ballots to be stored following an election by requiring only ten unused ballots for each ballot lot or style printed to be stored for two years following an election.
BILL NUMBER:S5211 REVISED 05/31/11
TITLE OF BILL: An act to amend the election law, in relation to the preservation of unused ballots
PURPOSE OR GENERAL IDEA OF BILL: Current law states that all unused and wholly blank ballots including special federal, local, special presidential, absentee and military, and emergency ballots must be preserved for two years after the election. This act pertains ONLY to unused ballots and amends current law by permitting sealed packages of unused ballots to be retained for four months and then may be destroyed provided that a certificate articulating the election district identifying data and numbers of such ballots is filed with the balance of the ballots described in section 3-222 for the balance of the two year retention period.
SUMMARY OF SPECIFIC PROVISIONS: Subdivision 2, 3, 4 and 5 of section 3-222 of the election law, as amended by chapter 163 of the laws of 1994 is amended.
JUSTIFICATION: The purpose of the act is to relieve the overwhelming financial burden of local and county boards of elections from warehouses costs associated with the storage of excessive unused election ballots.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: No cost to the State. Significant savings to local and county boards of elections. (To be determined)
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5211 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to the preservation of unused 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 3-222 of the election law, as amended by chapter 163 of the laws of 1994, is amended to read as follows: 2.
[Write-in]VOTED ballots shall be preserved for two years after such election and the packages thereof may be opened and the contents examined only upon order of a court or judge of competent jurisdiction, or by direction of such committee of the senate and assembly if the ballots relate to the election under investigation by such committee, and at the expiration of such time, such ballots may be disposed of at the discretion of the officer or board having charge of them. S 2. Subdivisions 3, 4, and 5 of section 3-222 of the election law, as amended by chapter 163 of the laws of 1994, are amended to read as follows: 3. Except as hereinafter provided, packages of protested, void and wholly blank ballots, OPEN packages of unused ballots and all absentee and military, special federal, special presidential and emergency ballots and ballot envelopes, if any, opened or unopened, shall be preserved for two years after the election. SEALED PACKAGES OF UNUSED BALLOTS SHALL BE RETAINED FOR FOUR MONTHS, AND MAY THEN BE DESTROYED, PROVIDED A CERTIFICATE ARTICULATING THE ELECTION DISTRICT IDENTIFYING DATA AND NUMBERS OF SUCH BALLOTS IS FILED WITH THE BALANCE OF BALLOTS DESCRIBED IN THIS SECTION, FOR THE BALANCE OF THE TWO YEAR RETENTION PERIOD. Except as hereinafter provided, boxes containing voted paper ballots, IF ANY shall be preserved inviolate for four months after the election, or until one month before the next election occurring withinEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10533-03-1 S. 5211 2
five months after a preceding election if such boxes are needed for use at such next election and if the officer or board in charge of such voted paper ballots is required by law to furnish ballot boxes therefor. Provided, however, that such ballot boxes and such packages may be opened, and their contents and the absentee and military, special feder- al, special presidential and emergency ballots and ballot envelopes may be examined, upon the order of any court or justice of competent juris- diction. Boxes and envelopes containing absentee, military and emergency ballots voted at a general or special election, for the office of member of the senate or assembly, packages of void, protested and wholly blank ballots, unopened absentee and military ballot envelopes and the pack- ages of unused ballots, in connection with such election, also may be opened, and their contents and such envelopes also may be examined, by direction of a committee of the senate or assembly to investigate and report on contested elections of members of the legislature. Unless otherwise ordered or directed by such a court, justice or committee, such boxes shall be opened and their contents and such packages and the envelopes containing voted ballots and ballot envelopes shall be destroyed, at the expiration of the period during which they are required by the provisions of this section to be preserved, except that instead of being destroyed, they may be sold and the proceeds paid over in the manner provided with respect to the sale of books, records and papers pertaining to an election.
[4. The results of the annual test of each voting machine of a type approved after September first, nineteen hundred eighty-six, which is required by this chapter, shall be preserved for two years. 5.]4. All records and documents pertaining to ballot label program- ming and ballot label programming data for any election for any voting machine of a type approved after September first, nineteen hundred eighty-six and all records pertaining to the PERIODIC MAINTENANCE test- ing of any such programming and programming data or the testing of any such machine in connection with any such election shall be preserved for two years after such election. S 3. This act shall take effect immediately.