STATE OF NEW YORK ________________________________________________________________________ 5492 2019-2020 Regular Sessions IN ASSEMBLY February 12, 2019 ___________ Introduced by M. of A. CARROLL -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law, in relation to on demand voting The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 8 of the election law is amended by adding a new 2 title 6 to read as follows: 3 TITLE VI 4 ON DEMAND VOTING 5 Section 8-600. Right to on demand voting. 6 8-602. On demand voting; method of. 7 § 8-600. Right to on demand voting. Voters in the state of New York 8 shall have the right to vote in any polling place within their county by 9 requesting a ballot that corresponds with the ballot they would receive 10 from their assigned polling place, having a copy of such ballot made and 11 having such ballot cast. 12 § 8-602. On demand voting; method of. 1. An on demand voter shall 13 receive their ballot, fill it out, and submit such ballot in the same 14 manner as a traditional voter with the following exceptions: 15 (a) Upon requesting a ballot from a poll worker, an on demand voter 16 shall give his or her full name and address. The poll worker shall then 17 use the official statewide voter registration list to determine that the 18 on demand voter is registered to vote within the county. If the on 19 demand voter is registered within the same county as the district they 20 are attempting to vote in, the poll worker shall print an official on 21 demand ballot for the on demand voter's district and supply them with an 22 on demand affirmation envelope instead of the ballot for the district 23 they are voting in. If the on demand voter is not registered to vote 24 within the same county, the on demand voter shall be treated as if a 25 traditional voter attempting to vote in the wrong district with the 26 exception that they are supplied an on demand ballot and on demand EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03330-01-9

A. 5492 2 1 affirmation envelope for the district they say they are registered to 2 vote in. 3 (b) Upon an on demand voter sealing and completing the affirmation 4 envelope in the voting area, such envelope shall be deposited into a 5 secure on demand ballot box. 6 2. Once the polls are closed and no one in the district is allowed to 7 cast a ballot in a district's place of voting, the on demand ballot box 8 shall be immediately brought to the board of elections. On demand 9 ballots received by the board of elections shall be retained at the 10 board of elections and cast and canvassed pursuant to the provisions of 11 section 9-209 of this chapter. 12 § 2. The election law is amended by adding a new section 7-132 to read 13 as follows: 14 § 7-132. Ballots; on demand. 1. Ballots for on demand voters shall be 15 in the same form as those to be used in the on demand voters' district 16 on election day except the ballot shall have the words "On Demand 17 Ballot", endorsed thereon. 18 2. The board of elections shall furnish with each on demand ballot an 19 on demand affirmation envelope. On one side of the envelope shall be 20 printed: 21 OFFICIAL ON DEMAND BALLOT 22 for 23 GENERAL (OR PRIMARY OR SPECIAL) ELECTION, 24 ............., 20....... 25 Name of voter......................................... 26 Residence (street and number if any).................. 27 City/or town of.......(village, if any)............... 28 County of............................................. 29 Assembly district .................................... 30 Legislative District (as applicable) ................. 31 Ward (as applicable) ................................. 32 Election District..................................... 33 Party Enrollment (in case of primary election)........ 34 3. The date of the election, name of the county, and name of a city, 35 if there be a separate ballot for city voters, shall be printed, and the 36 name of the voter, residence, number of the assembly district, if any, 37 name of town, number of ward, if any, election district and party 38 enrollment, if required, shall be written onto the envelope by the on 39 demand voter. 40 4. There shall also be a place for two inspectors of opposite poli- 41 tical parties to indicate, by placing their initials thereon, that they 42 have checked and marked the voter's poll record. 43 5. On the reverse side of such affirmation envelope shall be printed 44 the following statement: 45 AFFIRMATION

A. 5492 3 1 I do declare that I am a citizen of the United States, that I am duly 2 registered in the election district shown on the reverse side of this 3 envelope and I am qualified to vote in such district; that I have not 4 qualified nor do I intend to vote elsewhere, that I have not committed 5 any act nor am I under any impediment which denies me the right to vote. 6 I hereby declare that the foregoing is a true statement to the best of 7 my knowledge and belief, and I understand that if I make any material 8 false statement in the foregoing statement of on demand voter, I shall 9 be guilty of a misdemeanor. 10 Date.................20..... ........................................ 11 Signature or mark of voter 12 ........................................ 13 Signature of Witness (required only 14 if voter does not sign his own name) 15 ........................................ 16 Address of Witness 17 6. Upon the on demand ballot being marked and inserted into a 18 completed affirmation envelope, the affirmation envelope shall be sealed 19 and deposited into the district's secure on demand ballot box. 20 § 3. Section 9-124 of the election law, as amended by chapter 334 of 21 the laws of 2013, is amended to read as follows: 22 § 9-124. Returns of canvass, procedure after. 1. After the returns of 23 the canvass are made out and signed, the inspectors shall enclose the 24 protested and void ballots and the ballots cast in affidavit envelopes 25 in a separate sealed envelope or envelopes and endorse thereon a certif- 26 icate signed by each of them stating the number of the district and the 27 number of ballots contained in such envelope or envelopes. The inspec- 28 tors shall enclose the unscanned voted ballots canvassed in accordance 29 with section 9-110 of this title in a separate sealed envelope and 30 endorse thereon a certificate signed by each of them stating the number 31 of the district and the number of ballots contained in such envelope. 32 The inspectors shall then package and seal the other voted ballots and 33 place them in one or more boxes or containers, and include within such 34 boxes or containers one portable memory device from each ballot scanner 35 pursuant to paragraph (d) of subdivision two of section 9-102 of this 36 title, and any absentee, on demand, military, special federal, or 37 special presidential ballots which may have been delivered to the poll 38 site during election day, and securely lock and seal such boxes or 39 containers. Notwithstanding the preceding sentence, such portable memory 40 device from each ballot scanner with the corresponding results tape may 41 be enclosed in a sealed container and transported prior to and separate- 42 ly from other materials referenced in this section for the purpose of 43 using such device to provide an unofficial tally of results as required 44 by section 9-126 of this title. 45 2. Each box, envelope, or container containing the ballots and stubs, 46 if any, and all items described in subdivision one of this section shall 47 be deposited by an inspector designated for that purpose with the offi- 48 cer or board from whom or which the board of inspectors received it. In 49 the city of New York, every such box, envelope, or container shall be 50 delivered at the polling place to police or peace officers designated by

A. 5492 4 1 the police commissioner of such city, who shall deposit them with the 2 board of elections. 3 3. (a) Except in the city of New York, the registration poll records 4 or computer generated registration lists, the returns of canvass with 5 results tapes and tally sheets, if any, annexed, the voted ballots, 6 stubs, opened packages of unused ballots and ballot envelopes, any 7 absentee, on demand, military, special federal, or special presidential 8 ballots which may have been delivered to the poll site during election 9 day, the challenge records and the package of protested and void ballots 10 shall be filed with the board of elections. 11 (b) Records and supplies to be filed with a city, town or village 12 clerk shall be so filed or delivered immediately after the completion of 13 the returns of the canvass, by an inspector designated by the board of 14 inspectors. Returns, papers and registration poll records or computer 15 generated registration lists to be filed with the board of elections 16 shall be so filed by the chairman of the board of inspectors within 17 twenty-four hours after the completion of such returns. The person 18 receiving such returns in the board of elections shall give to the 19 person delivering the returns a receipt stating therein the date and 20 hour of delivery, the name of the person making the delivery, and to 21 whom said returns were delivered and shall keep a duplicate of said 22 receipt on file in the office of the board of elections. 23 (c) The county legislative body of any county in the state except the 24 counties comprising the city of New York may, by a resolution, ordinance 25 or act as required, provide that all returns, papers, registration poll 26 records or computer generated registration lists, books, records, docu- 27 ments, and other election supplies and materials shall be filed by the 28 chairman of the board of inspectors of elections in a city or town and 29 in a village in which elections are conducted by the board of elections, 30 with the city, town or village clerk of such city, town or village in 31 the county within eighteen hours after the closing of the polls at any 32 primary, general, special or village election and the city, town or 33 village clerk upon receiving such returns, papers, registers or lists, 34 books, records, documents, and other election supplies and materials 35 shall give to the person making the delivery, a receipt stating therein 36 the date and hour of the delivery and the name of such person. Within 37 twenty-four hours after the closing of the polls at any primary, gener- 38 al, special or village election, the city, town or village clerk shall 39 file all returns, papers, registration poll records or computer gener- 40 ated registration lists, books, records, documents and other election 41 supplies and materials filed with him by the inspectors of the election 42 districts of the city, town or village, with the board of elections of 43 the county and the board of elections shall give to the city, town or 44 village clerk a receipt therefor stating therein the date and hour of 45 the delivery and the name of the person making the delivery and to whom 46 it was made, and shall keep a duplicate of said receipt on file in the 47 office of the board of elections. 48 (d) In the city of New York, the board of inspectors shall deliver to 49 police or peace officers designated by the police commissioner of such 50 city, at the polling place the registration poll records or computer 51 generated registration lists, challenge report, records, keys, other 52 election supplies, including two copies of the returns of the canvass 53 and any absentee, on demand, military, special federal, or special pres- 54 idential ballots which may have been delivered to the poll site during 55 election day, voted ballots, stubs, open packages of unused ballots and 56 ballot envelopes. Such police or peace officers shall file the returns,

A. 5492 5 1 the package of void and protested ballots, if any, and the absentee, on 2 demand, military, special federal, special presidential, and emergency 3 ballots, stubs and ballot envelopes, if any, within twenty-four hours 4 after the close of the polls, in the office of the board of elections or 5 its branch office within the borough, as the case may be. 6 § 4. Subdivision 3 of section 3-222 of the election law, as amended by 7 chapter 282 of the laws of 2011, is amended to read as follows: 8 3. Except as hereinafter provided, packages of protested, void and 9 wholly blank ballots, open packages of unused ballots and all absentee 10 [~~and~~], on demand, military, special federal, special presidential and 11 emergency ballots and ballot envelopes, if any, opened or unopened, 12 shall be preserved for two years after the election. Sealed packages of 13 unused ballots shall be retained for four months, and may then be 14 destroyed, provided a certificate articulating the election district 15 identifying data and numbers of such ballots is filed with the balance 16 of ballots described in this section, for the balance of the two year 17 retention period. Except as hereinafter provided, boxes containing voted 18 paper ballots, if any shall be preserved inviolate for four months after 19 the election, or until one month before the next election occurring 20 within five months after a preceding election if such boxes are needed 21 for use at such next election and if the officer or board in charge of 22 such voted paper ballots is required by law to furnish ballot boxes 23 therefor. Provided, however, that such ballot boxes and such packages 24 may be opened, and their contents and the absentee [~~and~~], on demand, 25 military, special federal, special presidential and emergency ballots 26 and ballot envelopes may be examined, upon the order of any court or 27 justice of competent jurisdiction. Boxes and envelopes containing absen- 28 tee, on demand, military and emergency ballots voted at a general or 29 special election, for the office of member of the senate or assembly, 30 packages of void, protested and wholly blank ballots, unopened absentee, 31 on demand and military ballot envelopes and the packages of unused 32 ballots, in connection with such election, also may be opened, and their 33 contents and such envelopes also may be examined, by direction of a 34 committee of the senate or assembly to investigate and report on 35 contested elections of members of the legislature. Unless otherwise 36 ordered or directed by such a court, justice or committee, such boxes 37 shall be opened and their contents and such packages and the envelopes 38 containing voted ballots and ballot envelopes shall be destroyed, at the 39 expiration of the period during which they are required by the 40 provisions of this section to be preserved, except that instead of being 41 destroyed, they may be sold and the proceeds paid over in the manner 42 provided with respect to the sale of books, records and papers pertain- 43 ing to an election. 44 § 5. Section 4-134 of the election law is amended by adding a new 45 subdivision 3-a to read as follows: 46 3-a. Any affirmation envelope containing on demand voters' ballots on 47 which the blanks have not been properly filled in shall be stamped to 48 indicate the defect and shall be preserved by the board for at least one 49 year after the receipt thereof. 50 § 6. Subdivision 1 of section 5-502 of the election law, as amended by 51 chapter 510 of the laws of 1985, is amended to read as follows: 52 1. The board of elections shall furnish in time for use by the boards 53 of inspectors of election, the registration records, an American flag, a 54 map or certified description of the election district, and the adjoining 55 election districts, challenge affidavits, absentee voting applications, 56 a list of voters who are currently registered in the election district,

A. 5492 6 1 a list of those voters who have been cancelled in the last year with the 2 reason for such cancellations, forms for statements of temporary 3 absence, a sufficient number of copies of the ballot proposals to be 4 submitted to the voters at the ensuing election, at least one copy of 5 the instruction booklet for inspectors, a mechanism for producing an on 6 demand ballot for any person registered to vote within the county, on 7 demand affirmation envelopes and all other forms and supplies required 8 for the administration of the registration system as provided by this 9 article. 10 § 7. Paragraph i of subdivision 3 of section 5-614 of the election 11 law, as added by chapter 24 of the laws of 2005, is amended to read as 12 follows: 13 i. allow local boards of elections, using their own systems, to 14 perform essential election functions including but not limited to proc- 15 essing of absentee voters, processing of on demand voters, adminis- 16 tration of poll workers and polling places, assignment of election 17 jurisdictions based on residence and address and other functions neces- 18 sary for the conduct of elections using voter registration information 19 from the official statewide voter registration list. 20 § 8. Section 8-502 of the election law, as amended by chapter 373 of 21 the laws of 1978, is amended to read as follows: 22 § 8-502. Challenges; generally. Before his vote is cast at an election 23 any person may be challenged as to his right to vote, or his right to 24 vote by absentee, on demand, military, special federal or special presi- 25 dential ballot. Such challenge may be made by an inspector or clerk, by 26 any duly appointed watcher, or by any registered voter properly in the 27 polling place. An inspector shall challenge every person offering to 28 vote, whom he shall know or suspect is not entitled to vote in the 29 district, and every person whose name appears on the list of persons to 30 be challenged on election day which is furnished by the board of 31 elections. 32 § 9. The section heading and subdivision 1 of section 8-506 of the 33 election law, the section heading as amended by chapter 8 of the laws of 34 1978 and subdivision 1 as amended by chapter 40 of the laws of 2009, are 35 amended to read as follows: 36 Challenges; absentee, on demand, military, special federal and special 37 presidential ballots. 1. During the examination of absentee, on demand, 38 military, special federal and special presidential voters' ballot envel- 39 opes, any inspector shall, and any watcher or registered voter properly 40 in the polling place may, challenge the casting of any ballot upon the 41 ground or grounds allowed for challenges generally, or (a) that the 42 voter was not entitled to cast an absentee, on demand, military, special 43 federal or special presidential ballot, or (b) that notwithstanding the 44 permissive use of titles, initials or customary abbreviations of given 45 names, the signature on the ballot envelope does not correspond to the 46 signature on the registration poll record, or (c) that the voter died 47 before the day of the election. 48 § 10. Section 9-209 of the election law, as amended by chapter 104 of 49 the laws of 2010, the opening paragraph as amended by chapter 163 of the 50 laws of 2010 and paragraphs (a) and (c) of subdivision 2 as amended by 51 chapter 308 of the laws of 2011, is amended to read as follows: 52 § 9-209. Canvass of absentee, on demand, military and special ballots 53 and ballots cast by voters with registration poll records missing on 54 days of election or voters who have not had their identity previously 55 verified or who have moved after registering. Before completing the 56 canvass of votes cast in any primary, general, special, or other

A. 5492 7 1 election at which voters are required to sign their registration poll 2 records before voting, the board of elections shall proceed in the 3 manner hereinafter prescribed to cast and canvass any absentee, on 4 demand, military, special presidential, special federal or other special 5 ballots and any ballots voted by voters who moved within the county or 6 city after registering, voters who are in inactive status, voters whose 7 registration was incorrectly transferred to another address even though 8 they did not move, voters whose registration poll records were missing 9 on the day of such election, voters who have not had their identity 10 previously verified and voters whose registration poll records did not 11 show them to be enrolled in the party in which they claimed to be 12 enrolled. Each such ballot shall be retained in the original envelope 13 containing the voter's affidavit and signature, in which it is delivered 14 to the board of elections until such time as it is to be cast and 15 canvassed. 16 1. (a) The board of elections shall designate itself or such of its 17 employees as it shall deem appropriate as a set of poll clerks to cast 18 and canvass such ballots, and fix a time and place for their meeting for 19 such purpose, provided that such meeting shall be no more than fourteen 20 days after a general or special election and no more than eight days 21 after a primary election at which such ballots are voted. The board may 22 designate additional sets of poll clerks and if it designates more than 23 one such set shall apportion among all such sets the election districts 24 from which such ballots have been received, provided that all such 25 ballots from a single election district shall be assigned to a single 26 set of clerks, and that each such set shall be divided equally between 27 representatives of the two major political parties. Each such set of 28 clerks shall be deemed a central board of inspectors for purposes of 29 this section. 30 (b) At least five days prior to the time fixed for such meeting, the 31 board shall send notice by first class mail to each candidate, political 32 party, and independent body entitled to have had watchers present at the 33 polls in any election district in the board's jurisdiction. Such notice 34 shall state the time and place fixed by the board for such canvass. 35 (c) Each such candidate, political party, and independent body shall 36 be entitled to appoint such number of watchers to attend upon each 37 central board of inspectors as such candidate, political party, or inde- 38 pendent body was entitled to appoint at such election in any one 39 election district for which such central board of inspectors is desig- 40 nated to act. 41 2. (a) (i) Upon assembling at the time and place fixed for such meet- 42 ing, each central board of inspectors shall examine, cast, and canvass 43 the envelopes and the ballots therein contained as nearly as practicable 44 in the following manner: 45 (A) If a person whose name is on an envelope as a voter has already 46 voted in person at such election, or if his or her name and residence as 47 stated on the envelope are not on a registration poll record, or the 48 computer generated list of registered voters or the list of special 49 presidential voters, or if there is no name on the envelope, or if the 50 envelope is not sealed, such envelope shall be laid aside unopened. 51 (B) If there is more than one ballot envelope executed by the same 52 voter, the one bearing the later date of execution shall be accepted and 53 the other rejected. If it cannot be determined which envelope bears the 54 later date, then all such envelopes shall be rejected. 55 (C) If such person is found to be registered and has not voted in 56 person, an inspector shall compare the signature, if any, on each envel-

A. 5492 8 1 ope with the signature, if any, on the registration poll record, the 2 computer generated list of registered voters or the list of special 3 presidential voters, of the person of the same name who registered from 4 the same address. If the signatures are found to correspond, such 5 inspector shall certify thereto by signing his or her initials in the 6 "Inspector's Initials" line on the computer generated list of registered 7 voters or in the "remarks" column as appropriate. 8 (D) If such person is found to be registered and has not voted in 9 person, and if no challenge is made, or if a challenge made is not 10 sustained, the envelope shall be opened, the ballot or ballots withdrawn 11 without unfolding, and the ballot or ballots deposited in the proper 12 ballot box or boxes, or envelopes, provided however that, in the case of 13 a primary election, the ballot shall be deposited in the box only if the 14 ballot is of the party with which the voter is enrolled according to the 15 entry on the back of his or her registration poll record or next to his 16 or her name on the computer generated registration list; if not, the 17 ballot shall be rejected without inspection or unfolding and shall be 18 returned to the envelope which shall be endorsed "not enrolled." At the 19 time of the deposit of such ballot or ballots in the box or envelopes, 20 the inspectors shall enter the words "absentee vote", "on demand vote" 21 or "military vote" in the space reserved for the voter's signature on 22 the aforesaid list or in the "remarks" column as appropriate, and shall 23 enter the year and month of the election on the same line in the spaces 24 provided therefor. 25 (E) As each envelope is opened, if one or more of the different kinds 26 of ballots to be voted at the election are not found therein, the 27 clerks, or inspectors, shall make a memorandum showing what ballot or 28 ballots are missing. If a ballot envelope shall contain more than one 29 ballot for the same offices, all the ballots in such envelope shall be 30 rejected. When the casting of such ballots shall have been completed 31 the clerks or inspectors shall ascertain the number of such ballots of 32 each kind which have been deposited in the ballot box by deducting from 33 the number of envelopes opened the number of missing ballots, and shall 34 make a return thereof. The number of absentee voters' ballots and on 35 demand voters' ballots deposited in the ballot box shall be added to the 36 number of other ballots deposited in the ballot box, in order to deter- 37 mine the number of all ballots of each kind to be accounted for in the 38 ballot box. 39 (ii) If the board of inspectors determines that a person was entitled 40 to vote at such election it shall cast and canvass such ballot if such 41 board finds that ministerial error by the board of elections or any of 42 its employees caused such ballot envelope not to be valid on its face. 43 (iii) If the board of elections determines that a person was entitled 44 to vote at such election, the board shall cast and canvass such ballot 45 if such board finds that the voter appeared at the correct polling 46 place, regardless of the fact that the voter may have appeared in the 47 incorrect election district. 48 (b)(i) Such board of inspectors shall also cast and canvass any feder- 49 al write-in absentee ballots validly cast by an absentee voter, a mili- 50 tary voter or a special federal voter for the offices of president and 51 vice-president, United States senator and representative in congress. 52 Such board of inspectors shall also cast and canvass any federal write- 53 in absentee ballots validly cast by a military voter for all questions 54 or proposals, public offices or party positions for which a military 55 voter is otherwise eligible to vote as provided in section 10-104 of 56 this chapter.

A. 5492 9 1 (ii) Federal write-in absentee ballots shall be cast and canvassed 2 only if: (A) an application for an absentee, military or special federal 3 ballot was received from the absentee, military or special federal voter 4 at least thirty days before election day; (B) the federal write-in 5 absentee ballot was submitted from inside or outside the United States 6 by a military voter or was submitted from outside the United States by a 7 special federal voter; (C) such ballot is received by the board of 8 elections not later than thirteen days following the day of election or 9 seven days after a primary election; and (D) the absentee, military or 10 special federal ballot which was sent to the voter is not received by 11 the board of elections by the thirteenth day following the day of a 12 general or special election or the seventh day after a primary election. 13 (iii) If such a federal write-in absentee ballot is received after 14 election day, the envelope in which it is received must contain: (A) a 15 cancellation mark of the United States postal service or a foreign coun- 16 try's postal service; (B) a dated endorsement of receipt by another 17 agency of the United States government; or (C) if cast by a military 18 voter, the signature and date of the voter and one witness thereto with 19 a date which is ascertained to be not later than the day before election 20 day. 21 (iv) If such a federal write-in absentee ballot contains the name of a 22 person or persons in the space provided for a vote for any office, such 23 ballot shall be counted as a vote for such person or persons. A vote for 24 a person who is the candidate of a party or independent body either for 25 president or vice-president shall be deemed to be a vote for both the 26 candidates of such party or independent body for such offices. If such a 27 ballot contains the name of a party or independent body in the space 28 provided for a vote for any office, such ballot shall be deemed to be a 29 vote for the candidate or candidates, if any, of such party or independ- 30 ent body for such office. In the case of the offices of president and 31 vice-president a vote cast for a candidate, either directly or by writ- 32 ing in the name of a party or independent body, shall also be deemed to 33 be votes for the electors supporting such candidate. Any abbreviation, 34 misspelling or other minor variation in the form of the name of a candi- 35 date or a party or independent body shall be disregarded in determining 36 the validity of the ballot, if the intention can be ascertained. 37 (b-1) Such board of inspectors shall also cast and canvass any federal 38 write-in on demand ballots validly cast by an on demand voter for the 39 offices of president and vice-president, United States senator and 40 representative in congress. If such a federal write-in on demand ballot 41 contains the name of a person or persons in the space provided for a 42 vote for any office, such ballot shall be counted as a vote for such 43 person or persons. A vote for a person who is the candidate of a party 44 or independent body either for president or vice-president shall be 45 deemed to be a vote for both the candidates of such party or independent 46 body for such offices. If such a ballot contains the name of a party or 47 independent body in the space provided for a vote for any office, such 48 ballot shall be deemed to be a vote for the candidate or candidates, if 49 any, of such party or independent body for such office. In the case of 50 the offices of president and vice-president a vote cast for a candidate, 51 either directly or by writing in the name of a party or independent 52 body, shall also be deemed to be votes for the electors supporting such 53 candidate. Any abbreviation, misspelling or other minor variation in the 54 form of the name of a candidate or a party or independent body shall be 55 disregarded in determining the validity of the ballot, if the intention 56 can be ascertained.

A. 5492 10 1 (c) The following provisions shall apply to casting and canvassing of 2 all such ballots which are counted by machine and all other provisions 3 of this chapter with respect to casting and canvassing such ballots 4 which are not inconsistent with this paragraph shall be applicable to 5 such ballots. 6 (i) Such ballots may be separated into sections before being placed in 7 the counting machine. 8 (ii) Any write-in ballots and any ballots which cannot be counted by 9 the machine shall be counted manually subject to all the applicable 10 provisions of this chapter with respect to counting of ballots. 11 (iii) The record of the vote counted by machine for each candidate and 12 for and against each ballot proposal, printed by election district, 13 shall be preserved in the same manner and for the same period as the 14 returns of canvass for the election. 15 (d) Any person lawfully present may object to the refusal to cast or 16 canvass any ballot on the grounds that the voter is a properly qualified 17 voter of the election district, or in the case of a party primary duly 18 enrolled in such party, or to the casting or canvassing of any ballot on 19 the grounds that the voter is not a properly qualified voter of the 20 election district, or in the case of a party primary not duly enrolled 21 in such party, or otherwise not entitled to cast such ballot. When any 22 such objection is made, the central board of inspectors shall forthwith 23 proceed to determine such objection and reject or cast such ballot 24 according to such determination. If the board cannot agree as to the 25 validity of the ballot it shall set the ballot aside, unopened, for a 26 period of three days at which time the ballot envelope shall be opened 27 and the vote counted unless otherwise directed by an order of the court. 28 (e) Upon completing the casting and canvassing of ballots as hereina- 29 bove provided for any election district, the central board of inspectors 30 shall thereupon, as nearly as practicable in the manner provided in this 31 chapter for absentee and on demand ballots, verify the number of ballots 32 so cast, tally the votes so cast, add such tally to the previous tally 33 of all votes cast in such election district, and announce the result. 34 § 11. Subdivision 1 of section 16-106 of the election law, as amended 35 by chapter 659 of the laws of 1994, is amended to read as follows: 36 1. The casting or canvassing or refusal to cast challenged ballots, 37 blank ballots, void or canvass absentee, on demand, military, special 38 federal, federal write-in or emergency ballots and ballots voted in 39 affidavit envelopes by persons whose registration poll records were not 40 in the ledger or whose names were not on the computer generated regis- 41 tration list on the day of election or voters in inactive status, voters 42 who moved to a new address in the city or county or after they regis- 43 tered or voters who claimed to be enrolled in a party other than that 44 shown on their registration poll record or on the computer generated 45 registration list and the original applications for [a] an on demand, 46 military, special federal, federal write-in, emergency or absentee 47 voter's ballot may be contested in a proceeding instituted in the 48 supreme or county court, by any candidate or the chairman of any party 49 committee, and by any voter with respect to the refusal to cast such 50 voter's ballot, against the board of canvassers of the returns from such 51 district, if any, and otherwise against the board of inspectors of 52 election of such district. If the court determines that the person who 53 cast such ballot was entitled to vote at such election, it shall order 54 such ballot to be cast and canvassed if the court finds that ministerial 55 error by the board of elections or any of its employees caused such 56 ballot envelope not to be valid on its face.

A. 5492 11 1 § 12. Subdivision 4 of section 16-108 of the election law is amended 2 to read as follows: 3 4. Such court, justice or judge, in a proceeding instituted by any 4 voter unlawfully denied an absentee or on demand ballot or the applica- 5 tion therefor, shall compel, by order, the delivery to such voter of a 6 ballot or application. 7 § 13. Subdivision 23 of section 17-130 of the election law, as renum- 8 bered by chapter 373 of the laws of 1978, is renumbered subdivision 24 9 and a new subdivision 23 is added to read as follows: 10 23. Intentionally opens an on demand voter's affirmation envelope or 11 examines the contents thereof after the receipt of the envelope by the 12 board of elections and before the close of the polls at the election; 13 or, 14 § 14. Subdivision 9 of section 17-132 of the election law is renum- 15 bered subdivision 10 and a new subdivision 9 is added to read as 16 follows: 17 9. Fraudulently signs the name of another upon an on demand voter's 18 affirmation envelope or aids in doing or attempting to do a fraudulent 19 act in connection with an on demand vote cast or attempted to be cast; 20 or, 21 § 15. This act shall take effect on the one hundred twentieth day 22 after it shall have become a law, provided, however, that the state 23 board of elections shall promulgate any rules and regulations necessary 24 for the implementation of this act on or before such effective date.

Relates to on demand voting

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