Enacts provisions relating to the opening of the polls and duties of election inspectors

Summary of specific provisions

Section 1 of the bill amends section 8-102 of the election law to provide for the opening of the polling place. It includes a requirement: that a guard rail be established with respect to the privacy booths, ballot marking devices and ballot scanners, as well as all secure storage containers; that privacy booths and ballot scanners contain conspicuous notices on how to mark a ballot; that all storage containers be unlocked to verify they are empty and that the container holding unused ballots be inspected to confirm it contains nothing else; that the ballot scanners and ballot marking devices are inspected to assure they are in working order; that the privacy booths are properly placed to preserve the secrecy of the vote; that the keys that are delivered match the machines in the polling place; that the counters are set to zero when the ballot scanner is turned on; and that the inspectors call the board of elections if the counters are not set to zero.

Section 2 of the bill amends section 8-104 of the election law to provide for posting instructions in the polling place on how to use a ballot scanner and a ballot marking device and how to vote on an Election Day paper ballot. The section also mandates that the election inspectors be personally responsible for the secure ballot containers and that such containers not be opened except upon the instructions of the board of elections.

Section 3 of the bill amends section 8-202 of the election law to require election inspectors to: attend the ballot scanners, ballot marking devices, privacy booths and any secure storage containers; place ballot scanner, ballot marking devices and privacy booths at least 4 feet from the table used by inspectors in charge of the poll books; prohibit anyone from being closer than 3 feet from a ballot scanner, ballot marking device or privacy booth when in use by another person; and monitor that the ballot scanners, ballot marking device and privacy booths are not tampered with or damaged. Section 4 of the bill amends section 8-300 of the election law to provide that elections inspectors must ascertain that a voter is entitled to vote before they are permitted to use a ballot scanner, ballot marking device or privacy booth.

Section 4 of the bill amends section 8-300 of the election law to provide that only 2 voters shall be allowed into the voting area at a time for any privacy booth, ballot marking device or ballot Scanner after ascertaining that the voters are entitled to vote; that the use

of a privacy booth or ballot marking device shall be secret; and that a voter may only use a privacy booth or a ballot scanner a reasonable amount of time.

Section 5 of the bill amends section 8-302 of the election law to correct a typographical error that refers to an emergency ballot in a provision that addresses affidavit ballots.

Section 6 of the bill amends section 8-312 of the election law to provide how a voter marks a ballot and scans such ballot. It also provides that upon the spoiling of a ballot, a voter may receive a new ballot, up to a total of 3. It requires directions to the voter that he or she should wait for the notice on the ballot scanner that the ballot has been successfully scanned and, if such notice does not appear, that the voter shall seek the assistance of an election inspector. Finally, this section provides that no ballot without the official endorsement shall be deposited in a scanner or, if a scanner is unavailable, in a secure ballot container except for emergency ballots as provided in section 7-120 of the election law.

Section 7 of the bill contains the effective date.

Justification

The State of New York is scheduled to begin to use polling place ballot scanners beginning with the Primary Election in September 2010 in compliance with the federal Help America Vote Act and enabling state legislation. This bill codifies the procedures for opening the polling place on Election Day and the duties of the election inspectors. The bill continues procedures that have been in place in New York for many years regarding the opening of the polls and election inspector duties except where the features of the new machines warrant a change in language or substance.

Prior legislative history

None.

Fiscal implication

None.

Effective date

This bill would take effect immediately.