What's happening
This bill updates ballot and voting record preservation rules, specifying retention periods and procedures following election certification.
Why it matters
Specifies the exact types and quantities of ballots and records that must be preserved. including all protested, void, wholly blank, absentee, military, special federal, special presidential, and emergency ballots, as well as ten unused ballots for each printed ballot style—potentially making post-election audits and recounts more thorough.
Clarifies retention periods for different election materials. , such as a two-year requirement for most ballots and a four-month minimum for unused ballots, which helps set clear expectations for election officials, researchers, and anyone concerned with election integrity.
Provides explicit guidance on when and how preserved records can be accessed or destroyed. , including provisions for court or legislative committee orders, striking a balance between transparency, legal oversight, and privacy/security of election materials.
Introduces more detailed tracking and certification for destroyed or retained ballots. , requiring records of what was destroyed and what is kept, which could reduce opportunities for record mismanagement or tampering and improve trust in election administration.
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Who cares
Headline styles
Keep Ballots and Voting Records
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to election law
- Referred to election law
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1476
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. ZEBROWSKI, LUPARDO, GALEF, SCHIMMINGER, BUCHWALD -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to the preservation of ballots and records of voting machines
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 3-222 of the election law, as amended by chapter 282 of the laws of 2011, is amended to read as follows:
3. [Except] Following certification of the election, except as hereinafter provided, [packages of] all protested, void and wholly blank ballots, [open packages of] ten unused ballots for each ballot lot or style printed 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 within 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 federal, special presidential and emergency ballots and ballot envelopes may be examined, upon the order of any court or justice of competent jurisdiction. Boxes and envelopes containing absentee, military and emergency ballots voted at a general or special election,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04299-01-7
A. 1476 2
for the office of member of the senate or assembly, [packages of] all void, protested and wholly blank ballots, unopened absentee and military ballot envelopes and [the packages of] ten unused ballots for each ballot lot or style printed, 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.