Allow Computer Voter Lists

Section 1. Section 1-104 of the election law is amended by adding a new subdivision 38 to read as follows:

38. "Computer generated registration list" means a printed or electronic list of voters in alphabetical order for a single election district or poll site, generated from a computer registration file for each election and containing for each voter listed, a facsimile of the signature of the voter. Such a list may be in a single volume or in more than one volume. The list may be utilized in place of registration poll records, to establish a person's eligibility to vote in the polling place on election day.

§ 2. Subdivision 1 of section 4-128 of the election law, as amended by chapter 125 of the laws of 2011, is amended to read as follows:

1. The board of elections of each county shall provide the requisite number of official and facsimile ballots, two cards of instruction to voters in the form prescribed by the state board of elections, at least one copy of the instruction booklet for inspectors, a sufficient number of maps, street finders or other descriptions of all of the polling places and election districts within the political subdivision in which the polling place is located to enable the election inspectors and poll clerks to determine the correct election district and polling place for each street address within the political subdivision in which the polling place is located, distance markers, tally sheets and return blanks, pens, [black ink, or ball point pens with black ink,] pencils [having black lead], or other appropriate marking devices, envelopes for the

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04174-01-7

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ballots of voters whose registration poll records are not in the ledger or whose names are not [on] in the computer generated registration list, envelopes for returns, identification buttons, badges or emblems for the inspectors and clerks in the form prescribed by the state board of elections and such other articles of stationery as may be necessary for the proper conduct of elections, except that when a town, city or village holds an election not conducted by the board of elections, the clerk of such town, city or village, shall provide such official and facsimile ballots and the necessary blanks, supplies and stationery for such election.

§ 3. Subdivision c of section 4-132 of the election law, as amended by chapter 164 of the laws of 1985, is amended to read as follows:

c. A booth or device in each election district for the use of voters marking ballots. Such booth or device shall be so constructed as to permit the voter to mark his or her ballot in secrecy and shall be furnished at all times with [a pencil having black lead only] an appropriate marking device.

§ 4. Section 4-134 of the election law, the section heading as amended by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425 of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635 of the laws of 1990, is amended to read as follows:

§ 4-134. Preparation and delivery of ballots, supplies and equipment for use at elections. 1. The board of elections shall deliver, at its office, to the clerk of each town or city in the county, except the cities of New York, Buffalo and Rochester and to the clerk of each village in the county in which elections are conducted by the board of elections, by the Saturday before the primary, general, village or other election for which they are required: the official and sample ballots; ledgers prepared for delivery in the manner provided in subdivision two of this section and containing the registration poll records of all persons entitled to vote at such election in such town, city or village, or computer generated registration lists containing the names of all persons entitled to vote at such election in such town, city or village; challenge reports prepared as directed by this chapter; sufficient applications for registration by mail; sufficient ledger seals and other supplies and equipment required by this article to be provided by the board of elections for each polling place in such town, city or village. The town, city or village clerk shall call at the office of such board of elections at such time and receive such ballots, supplies and equipment. In the cities of New York, Buffalo and Rochester the board of elections shall cause such ballots, supplies and equipment to be delivered to the board of inspectors of each election district approximately one-half hour before the opening of the polls for voting, and shall take receipts therefor.

2. The board of elections shall provide for each election district a ledger or ledgers containing the registration poll records or [printed] lists with computer generated facsimile signatures, of all persons entitled to vote in such election district at such election. Such ledgers shall be labelled, sealed, locked and transported in locked carrying cases. After leaving the board of elections no such carrying case shall be unlocked except at the time and in the manner provided in this chapter.

3. [Any envelope containing absentee voters' ballots on which the blanks have not been properly filled in shall be stamped to indicate the

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defect and shall be preserved by the board for at least one year after the receipt thereof.

4.] Each kind of official ballot shall be arranged in a package in the consecutive order of the numbers printed on the stubs thereof beginning with number one. All official and sample ballots for each election district shall be in separate sealed packages, clearly marked on the outside thereof, with the number and kind of ballots contained therein and indorsed with the designation of the election district for which they were prepared. The other supplies provided for each election district also shall be [inclosed] enclosed in a sealed package, or packages, with a label on the outside thereof showing the contents of each package.

[5. Each town, city and village clerk receiving such packages shall cause all] 4. All such packages so received and marked for any election district [to] shall be delivered unopened and with the seals thereof unbroken to the inspectors of election of such election districts at least [one-half] one hour before the opening of the polls of such election therein, [and] who shall [take] give a receipt therefor specifying the number and kind of packages delivered. [At the same time each such clerk shall cause to be delivered to such inspectors the equipment described in subdivision two of this section and shall cause a receipt to be taken therefor.

6.] 5. Town, city and village clerks required to provide official and sample ballots, registration records, seals, supplies and equipment, as described in this section, for town, city and village elections not conducted by the board of elections, shall in like manner, deliver them to the inspectors or presiding officers of the election at each polling place at which such meetings and elections are held, respectively, in like sealed packages marked on the outside in like manner, and shall take receipts therefor in like manner.

§ 5. Subdivision 1 of section 5-302 of the election law, as separately amended by chapter 164 and chapter 558 of the laws of 1985, is amended to read as follows:

1. Before placing the registration poll record in the poll ledger or in the computer generated registration list, the board shall enter in the space provided therefor [on the back of such registration poll record] the name of the party designated by the voter on his application form, provided such party continues to be a party as defined in this law. If such party ceases to be a party at any time, either before or after such enrollment is so entered, the enrollment of such voter shall be deemed to be blank and shall be entered as such until such voter files an application for change of enrollment pursuant to the provisions of this chapter. [In the city of New York the board shall also affix a gummed sticker of a different color for each party in a place on such registration poll record immediately adjacent to such entry.] The board shall enter the date of such entry and affix initials thereto in the space provided.

§ 6. Paragraph c of subdivision 3 of section 5-506 of the election law, as amended by chapter 659 of the laws of 1994, is amended to read as follows:

c. The computer generated registration list prepared for each election in each election district shall be [printed by a printer] prepared in a manner which meets or exceeds standards for clarity and speed of [reproduction] production established by the state board of elections, shall be in a form approved by such board, shall include the names of all voters eligible to vote in such election and shall be in alphabet-

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ical order, except that, at a primary election, the names of the voters enrolled in each political party may be placed in a separate part of the list or in a separate list, as the board of elections in its discretion, may determine. Such list shall contain, adjacent to each voter's name, or in a space so designated, at least the following: street address, date of birth, party enrollment, year of registration, a computer reproduced facsimile of the voter's signature or an indication that the voter is unable to sign his name, a place for the voter to sign his name at such election and a place for the inspectors to mark the voting machine number, the public counter number [and] if any, or the number of any paper ballots given the voter.

§ 7. Subdivision 2 of section 8-202 of the election law, as amended by chapter 164 of the laws of 2010, is amended to read as follows:

2. The exterior of any ballot scanner, ballot marking device and privacy booth and every part of the polling place shall be in plain view of the election inspectors and watchers. The ballot scanners, ballot marking devices, and privacy booths shall be placed at least four feet from the table used by the inspectors in charge of the poll [books] ledger or computer generated registration list. The guard-rail shall be at least three feet from the machine and the table used by the inspectors. The election inspectors shall not themselves be, or allow any other person to be, in any position or near any position, that will permit one to see or ascertain how a voter votes, or how he or she has voted nor shall they permit any other person to be less than three feet from the ballot scanner, ballot marking device, or privacy booth while occupied. The election inspectors or clerks attending the ballot scanner, ballot marking device, or privacy booth shall regularly inspect the face of the ballot scanner, ballot marking device, or the interior of the privacy booth to see that the ballot scanner, ballot marking device, or privacy booth has not been damaged or tampered with. During elections the door or other covering of the counter compartment of the machine shall not be unlocked or opened except by a member of the board of elections, a voting machine custodian or any other person upon the specific instructions of the board of elections.

§ 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdivisions 3 and 4 as amended by chapter 200 of the laws of 1996, the opening paragraph of paragraph (e) of subdivision 3 as amended by chapter 125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdivision 3 as amended by chapter 164 of the laws of 2010, are amended to read as follows:

2. The voter shall give [his] the voter's name and [his] the voter's residence address to the inspectors. An inspector shall then loudly and distinctly announce the name and residence of the voter.

2-a. (a) If a voter's name appears in the ledger or computer generated registration list with a notation indicating that the voter's identity was not yet verified as required by the federal Help America Vote Act, the inspector shall require that the voter produce one of the following types of identification before permitting the voter to cast his or her vote on the voting machine:

(i) a driver's license or department of motor vehicles non-driver photo ID card or other current and valid photo identification;

(ii) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter.

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(b) If the voter produces an identification document listed in paragraph (a) of this subdivision, the inspector shall indicate so in the ledger or computer generated registration list, the voter will be deemed verified as required by the federal Help America Vote Act and the voter shall be permitted to cast his or her vote on the voting machine.

(c) If the voter does not produce an identification document listed in paragraph (a) of this subdivision, the voter shall only be entitled to vote by affidavit ballot unless a court order provides otherwise.