S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8770

                          I N  A S S E M B L Y

                            February 12, 2014
                               ___________

Introduced  by  M. of A. CAMARA -- (at request of the Department of Law)
  -- read once and referred to the Committee on Election Law

AN ACT to amend the election law, in relation to completing  and  filing
  watcher  certificates  and  the form and manner of challenges of voter
  qualifications

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  4-117 of the election law is amended by adding a
new subdivision 4 to read as follows:
  4. ANY PERSON, OTHER THAN AN ELECTION OFFICER, WHO MAILS OR CAUSES  TO
BE  MAILED, BETWEEN AUGUST FIRST AND DECEMBER THIRTY-FIRST OF ANY CALEN-
DAR YEAR, ANY FIRST CLASS NONFORWARDABLE MAIL, WHERE SUCH  PERSON  KNOWS
OR REASONABLY SHOULD KNOW THAT SUCH NONFORWARDABLE MAIL: (A) IS INTENDED
TO  BE  DELIVERED TO A REGISTERED VOTER OR VOTER REGISTRATION APPLICANT;
AND (B) MAY BE USED BY A CHALLENGER, OTHER THAN AN ELECTION OFFICER,  ON
ELECTION  DAY  TO  CHALLENGE  THE  QUALIFICATIONS OF A VOTER, SHALL FILE
WITHIN TWO BUSINESS DAYS OF SUCH  MAILING,  A  DUPLICATE  COPY  OF  SUCH
NONFORWARDABLE  MAIL,  A  DUPLICATE COPY OF NAMES AND ADDRESSES TO WHICH
SUCH NONFORWARDABLE MAIL WAS SENT, AND A COMPLETED  FORM  PRESCRIBED  BY
THE  STATE BOARD OF ELECTIONS. THE FAILURE TO COMPLY WITH THE PROVISIONS
OF THIS SUBDIVISION SHALL BE PUNISHABLE AS A MISDEMEANOR.
  S 2. Subdivision 1-a of section 8-104 of the election law, as  amended
by chapter 164 of the laws of 2010, is amended to read as follows:
  1-a.  The  election inspectors shall conspicuously post in the polling
place before the opening of the  polls,  a  voter  information  posting,
which  shall include: (a) the sample ballot and instructions for the use
of ballot scanners and  ballot  marking  devices  required  pursuant  to
section  7-118  of this chapter; (b) a statement that "today is election
day" and the hours  during  which  polling  places  will  be  open;  (c)
instructions  on how to cast an affidavit ballot and a concise statement
of a voter's right to  such  a  ballot;  (d)  instructions  relating  to
requirements for voting on ballot scanners by those registrants who must
provide  identification pursuant to the federal Help America Vote Act of
2002; (e) instructions for first-time voters;  (f)  a  voter's  bill  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD08789-09-3

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rights describing voter's rights under applicable federal and state law,
including  the right of accessibility and alternate language accessibil-
ity; (g) information pertaining to voting by election day paper  ballot,
including  information  about  the  consequence  of casting an overvote,
steps to prevent unintentional  undervoting  and  spoiled  ballots;  (h)
instructions  on  how  to contact the appropriate officials if a voter's
right to vote or right to otherwise participate in the electoral process
has been violated; [and] (i) general information on  federal  and  state
laws  regarding prohibitions on acts of fraud and misrepresentation; AND
(J) INFORMATION ABOUT THE REQUIREMENTS OF A CHALLENGE ON ELECTION DAY AS
PROVIDED IN SUBDIVISION THREE OF SECTION 8-502 OF  THIS  ARTICLE.    The
state  board  of  elections  shall prescribe the form and content of the
voter information posting, which may be comprised of one or more  pages,
provided  each  page  shall  be  posted  separately.  The state board of
elections shall prescribe an official version of such voter  information
posting  for  every  language  which  appears on any general, primary or
special election ballot in any election district in the  state  and  for
such other languages as such board, in its opinion, determines is appro-
priate.  Such posting shall be used in all jurisdictions, and a separate
posting shall be made by election inspectors for each language appearing
on the ballot  and  for  such  additional  languages  as  the  board  of
elections may require. A board of elections may modify or supplement the
voter information posting used in its jurisdiction to provide additional
or  local  information;  provided,  however,  any  such  modification or
supplementation shall be submitted to the state board of  elections  for
prior approval.
  S 3. Section 8-500 of the election law, as amended by chapter 9 of the
laws of 1978, subdivisions 1 and 3 as amended by chapter 373 of the laws
of 1978, is amended to read as follows:
  S  8-500. Watchers; provision for. 1. At any general, special, town or
village election, any party committee or independent body  whose  candi-
dates  are upon the ballot, and at any primary election, any two or more
candidates and any  political  committee  may  have  for  each  election
district  three  watchers at any one time, not more than one of whom may
be within the guard rail at any one time. Watchers shall be appointed by
the [chairman] CHAIRPERSON OR SECRETARY of any such party, committee  or
independent body or by the candidates.
  2.  Watchers  may  be  present  at  the polling place at least fifteen
minutes before the unlocking and examination of any  voting  machine  or
ballot  box  at the opening of the polls, until after the signing of the
inspectors' returns and proclamation of the result;  PROVIDED,  HOWEVER,
THAT  UPON  ENTERING  ANY  POLLING  PLACE,  EACH WATCHER SHALL DELIVER A
COMPLETED CERTIFICATE, ISSUED PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
SECTION,  TO  THE  APPOINTED  OR  DESIGNATED CHAIRPERSON OF THE ELECTION
INSPECTORS, AS PROVIDED FOR IN SECTION 3-400 OF THIS  CHAPTER,  AT  EACH
ELECTION  DISTRICT  WHERE  SUCH  WATCHER  IS  PERMITTED TO SERVE BY SUCH
CERTIFICATE.
  2-A.  THE APPOINTED OR DESIGNATED CHAIRPERSON OF THE ELECTION  INSPEC-
TORS,  AS  PROVIDED  FOR IN SECTION 3-400 OF THIS CHAPTER, SHALL INITIAL
EACH WATCHER CERTIFICATE UPON DELIVERY.  AT THE CLOSE  OF  AN  ELECTION,
THE INSPECTORS SHALL PLACE EACH WATCHER CERTIFICATE INSIDE THE LEDGER OF
REGISTRATION   RECORDS  OR  COMPUTER  GENERATED  REGISTRATION  LIST,  AS
PROVIDED FOR IN SECTION 8-510 OF THIS TITLE.
  3. The appointment of watchers for any election shall be by a  certif-
icate  in  writing  issued by the [chairman] CHAIRPERSON or secretary of
the political party, PARTY COMMITTEE or independent body, or the  candi-

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dates.  [Such  certificate  shall  be  delivered  to an inspector at the
election district.] THE STATE BOARD OF  ELECTIONS  SHALL  PRESCRIBE  THE
CONTENT  AND  FORM  OF  WATCHER  CERTIFICATES  FOR  USE  AT ANY GENERAL,
SPECIAL,  TOWN  OR  VILLAGE  ELECTION  AND AT ANY PRIMARY ELECTION.  THE
INFORMATION PROVIDED ON SUCH  CERTIFICATE  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED TO, THE WATCHER'S FIRST AND LAST NAME, THE WATCHER'S RESIDENTIAL
ADDRESS,  THE FIRST AND LAST NAME OF THE CHAIRPERSON OR SECRETARY OF THE
POLITICAL PARTY, COMMITTEE OR INDEPENDENT BODY, OR THE  CANDIDATES  THAT
ISSUED  SUCH CERTIFICATE, THE SIGNATURE OF SUCH CHAIRPERSON OR SECRETARY
OF THE POLITICAL PARTY, COMMITTEE OR INDEPENDENT BODY, AND THE  TOWN  OR
CITY,  WARD  (IF APPLICABLE) AND ELECTION DISTRICT FOR WHICH THE WATCHER
CERTIFICATE WAS ISSUED.
  4. Each watcher must be a qualified voter of the  city  or  county  in
which he OR SHE is to serve.
  S  4.  Section 8-502 of the election law, as amended by chapter 373 of
the laws of 1978, is amended to read as follows:
  S 8-502. Challenges; generally. 1. Before his OR HER vote is  cast  at
an  election  any  person may, IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION, be challenged as to his OR HER right to vote,  or  his  OR  HER
right  to  vote by absentee, military, special federal or special presi-
dential ballot. Such challenge may be made by an inspector or clerk,  by
any  duly  appointed watcher, or by any registered voter properly in the
polling place.
  2. An inspector shall challenge every person offering to vote, whom he
OR SHE shall know or suspect is not entitled to vote  in  the  district,
and  every  person whose name appears on the list of persons to be chal-
lenged on election day which is furnished by the board of elections.
  3. ANY PERSON, OTHER THAN AN INSPECTOR OR  CLERK,  MAY  CHALLENGE  THE
QUALIFICATIONS  OF  A VOTER ONLY BY COMPLETING, EXECUTING AND DELIVERING
TO THE BOARD OF INSPECTORS A  CHALLENGE  AFFIDAVIT  THAT  SATISFIES  THE
REQUIREMENTS OF SECTION 8-503 OF THIS TITLE.
  S 5. The election law is amended by adding a new section 8-503 to read
as follows:
  S  8-503.  CHALLENGE  AFFIDAVIT. 1. THE STATE BOARD OF ELECTIONS SHALL
PRESCRIBE THE CONTENT AND FORM OF A CHALLENGE AFFIDAVIT FOR USE  AT  ANY
GENERAL,  SPECIAL, TOWN OR VILLAGE ELECTION AND AT ANY PRIMARY ELECTION.
SUCH AFFIDAVIT SHALL CONTAIN THE AFFIANT'S  FULL  NAME,  RESIDENCE,  AND
BUSINESS  ADDRESS,  THE  NAME  OF  HIS OR HER EMPLOYER, THE REGISTRATION
SERIAL NUMBER OF THE PERSON CHALLENGED AND A RECITAL OF THE REASONS  AND
THE  FACTS  SUPPORTING  THE  AFFIANT'S BELIEF THAT THE PERSON CHALLENGED
LACKS ONE OR MORE OF THE QUALIFICATIONS FOR VOTING PRESCRIBED IN SECTION
5-102 OR 5-106 OF THIS CHAPTER AND  SPECIFIED  IN  SUCH  AFFIDAVIT.  THE
AFFIDAVIT  SHALL  STATE  IF THE REASONS FOR CHALLENGE ARE BASED UPON THE
AFFIANT'S PERSONAL KNOWLEDGE, OR UPON INFORMATION RECEIVED FROM  ANOTHER
PERSON.  IF  THE AFFIANT'S BELIEF IS BASED UPON INFORMATION FURNISHED BY
ANOTHER, THE AFFIDAVIT SHALL RECITE THE NAME OF  THE  PERSON  FURNISHING
THE  INFORMATION  AND  THE  BASIS  FOR HIS OR HER INFORMATION. AFTER THE
AFFIANT HAS SIGNED SUCH AFFIDAVIT, AN INSPECTOR SHALL READ TO HIM OR HER
AND REQUEST HIM OR HER TO  SIGN  THE  FOLLOWING  OATH,  WHICH  SHALL  BE
SUBSCRIBED  BY SUCH AFFIANT:  "I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I AM
A QUALIFIED VOTER OF THE CITY OR  COUNTY  IN  WHICH  THIS  AFFIDAVIT  IS
SIGNED AND THAT THE FOREGOING STATEMENT MADE BY ME ON (INSERT DAY, MONTH
AND YEAR) IS A TRUTHFUL DISCLOSURE OF THE REASONS FOR MY BELIEF THAT THE
REGISTERED  VOTER  THEREIN NAMED IS NOT QUALIFIED TO CONTINUE TO VOTE IN
THE ELECTION DISTRICT IN WHICH HE OR SHE  IS  NOW  REGISTERED."  IF  THE
AFFIANT  SHALL  TAKE  AND SIGN SUCH OATH, AN INSPECTOR SHALL SIGN HIS OR

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HER NAME AS A WITNESS BELOW THE AFFIANT'S  SUBSCRIPTION  TO  SUCH  OATH.
EACH  CHALLENGE  AFFIDAVIT  MAY ONLY CHALLENGE THE QUALIFICATIONS OF ONE
VOTER.
  2.  THE BOARD OF ELECTIONS SHALL MAKE CHALLENGE AFFIDAVIT FORMS AVAIL-
ABLE TO ALL QUALIFIED VOTERS.
  S 6. Paragraphs (b) and (e) of subdivision 2 of section 8-508  of  the
election law, as amended by chapter 200 of the laws of 1996, are amended
to read as follows:
  (b)  The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial  number
of  each  person who is challenged on the day of election, together with
the reason for the challenge, THE NAME AND ADDRESS OF THE  PERSON  CHAL-
LENGING THE QUALIFICATIONS OF SUCH VOTER, IF SUCH PERSON CHALLENGING THE
QUALIFICATIONS IS NOT AN INSPECTOR OR CLERK, AND THE WORDS "PERMITTED TO
VOTE" OR "REFUSED TO TAKE OATH".  If no voters are challenged, the board
of  inspectors  shall  enter  the words "No Challenges" across the space
reserved for such names. In lieu of preparing section two of  the  chal-
lenge  report,  the  board of elections may provide, next to the name of
each voter on the computer generated registration list, a place for  the
inspectors  of election to record the information required to be entered
in such section two, or provide at the end of  such  computer  generated
registration  list, a place for the inspectors of election to enter such
information.
  (e) At the foot of such report and at the end  of  any  such  computer
generated  registration  list  shall  be printed a certificate that such
report contains the names of all persons who were challenged on the  day
of  election, and [that each voter so reported as having been challenged
took the oaths as required] THE REASON FOR SUCH CHALLENGE AND THE  NAMES
AND  ADDRESSES OF ALL CHALLENGERS WHO ARE NOT INSPECTORS OR CLERKS, that
such report contains the names of all voters to whom such board gave  or
allowed assistance and lists the nature of the disability which required
such  assistance  to  be given and the names and family relationship, if
any, to the voter of the persons by whom such assistance  was  rendered;
that  each such assisted voter informed such board under oath that he OR
SHE required such assistance and that each person rendering such assist-
ance took the required oath; that such report contains the names of  all
voters  who  were  permitted  to  vote  although their registration poll
records were missing; that the entries made by such board are a true and
accurate record of its proceedings with respect to the persons named  in
such report.
  S 7. Subdivision 3 of section 8-510 of the election law, as amended by
chapter 43 of the laws of 1988, is amended to read as follows:
  3.  The  inspectors  shall place such completed report, EACH CHALLENGE
AFFIDAVIT, EACH WATCHER  CERTIFICATE  and  each  court  order,  if  any,
directing  that a person be permitted to vote, inside a ledger of regis-
tration records or computer generated  registration  lists  between  the
front  cover, and the first registration record and then shall close and
seal each ledger of registration records or computer generated registra-
tion lists, affix their signature to the seal, lock such ledger  in  the
carrying  case  furnished  for  that  purpose  and enclose the keys in a
sealed package or seal such list  in  the  envelope  provided  for  that
purpose.
  S  8.  Subdivisions  1 and 2 of section 17-108 of the election law, as
amended by chapter 373 of the laws of  1978,  are  amended  to  read  as
follows:

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  1.  Any  person  who  wilfully  loses, alters, destroys or mutilates A
WATCHER CERTIFICATE, the list of voters or registration poll ledgers , A
CHALLENGE AFFIDAVIT, OR A CHALLENGE REPORT in any election district,  or
a certified copy thereof, is guilty of a misdemeanor.
  2.  An applicant for registration who shall make, incorporate or cause
to be incorporated a material false  statement  in  an  application  for
registration,  or  in  any  challenge or other affidavit required for or
made or filed in connection with registration or voting, and any  person
who  knowingly  takes  a  false  oath  before  a  board of inspectors of
election, and any person who makes  a  material  false  statement  in  a
medical  certificate,  CHALLENGE  AFFIDAVIT  or  an  affidavit  filed in
connection with an application for registration, is guilty of  a  misde-
meanor.
  S 9. Section 17-150 of the election law is amended to read as follows:
  S  17-150.  Duress and intimidation of voters. 1. Any person or corpo-
ration who directly or indirectly:
  [1.] (A) Uses or threatens to use any force, violence or restraint, or
inflicts or threatens to inflict any injury, damage, harm or loss, or in
any other manner practices intimidation upon or against  any  person  in
order to induce or compel such person to vote or refrain from voting for
or  against  any  particular  person  or  for or against any proposition
submitted to voters at such election, or to place or cause to be  placed
or  refrain  from placing or causing to be placed his OR HER name upon a
registry of voters, or  on  account  of  such  person  having  voted  or
refrained  from  voting  at  such election, or having voted or refrained
from voting for or against any particular person or persons, or  for  or
against  any proposition submitted to voters at such election, or having
registered or refrained from registering as a voter; or,
  [2.] (B) By abduction, duress or any forcible or fraudulent device  or
contrivance  whatever impedes, prevents or otherwise interferes with the
free exercise of the  elective  franchise  by  any  voter,  or  compels,
induces or prevails upon any voter to give or refrain from giving his OR
HER vote for or against any particular person at any election; or,
  [3.]  (C)  Being an employer pays his [employess] OR HER EMPLOYEES the
salary or wages due in "pay envelopes," in which there  is  enclosed  or
upon  which there is written or printed political motto, device or argu-
ment containing threats, express or implied, intended or  calculated  to
influence the political opinions or actions of such employees, or within
ninety  days  of  a  general  election puts or otherwise exhibits in the
establishment or place where his OR HER employees are engaged in  labor,
any  handbill  or  placard containing any threat, notice or information,
that if any particular ticket or candidate is elected or defeated,  work
in  his  OR  HER place or establishment will cease, in whole or in part,
his OR HER establishment will be closed up, or the wages of his  OR  HER
employees  reduced,  or  other  threats, express or implied, intended or
calculated to influence the political opinions or actions of his OR  HER
employees,  is  guilty of a misdemeanor, and, if a corporation, shall in
addition forfeit its charter.
  2. IT SHALL BE PRESUMPTIVE EVIDENCE THAT A PERSON HAS PRACTICED INTIM-
IDATION UPON OR AGAINST ANOTHER PERSON IN ORDER  TO  INDUCE  SUCH  OTHER
PERSON  TO  REFRAIN  FROM VOTING FOR OR AGAINST ANY PARTICULAR PERSON OR
FOR OR AGAINST ANY PROPOSITION, WITHIN THE MEANING OF PARAGRAPH  (A)  OF
SUBDIVISION ONE OF THIS SECTION, WHERE HE OR SHE:
  (A)  BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE QUALIFICA-
TIONS OF MORE THAN TEN VOTERS DURING AN ELECTION, AND WHERE THE BOARD OF
ELECTIONS, FOLLOWING AN  INVESTIGATION  PURSUANT  TO  PARAGRAPH  (F)  OF

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SUBDIVISION  TWO OF SECTION 8-508 OF THIS CHAPTER, FINDS AT LEAST TEN OF
SUCH CHALLENGED VOTERS TO BE QUALIFIED VOTERS; OR
  (B)  BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE QUALIFICA-
TIONS OF A VOTER AT ANY  GENERAL,  PRIMARY,  SPECIAL,  TOWN  OR  VILLAGE
ELECTION  AND  THEREAFTER,  WITHOUT GOOD CAUSE, FAILS TO COMPLY WITH THE
REQUIREMENTS OF SECTION 8-503 OF THIS CHAPTER.
  S 10. Subdivision 1 of section 17-154 of the election law  is  amended
to read as follows:
  1.  (A)  Intimidate,  threaten or coerce, or to attempt to intimidate,
threaten or coerce, any other person for the purpose of interfering with
the right of such other person to vote or to vote as he may  choose,  or
for the purpose of causing such other person to vote for, or not to vote
for,  any  candidate  for  the  office of governor, lieutenant-governor,
attorney-general, comptroller, judge of any court, member of the senate,
or member of the assembly at any election held solely or in part for the
purpose of selecting a governor, lieutenant-governor,  attorney-general,
comptroller,  any judge or any member of the senate or any member of the
assembly; [or,]
  (B) IT SHALL BE PRESUMPTIVE EVIDENCE THAT A PERSON HAS VIOLATED  PARA-
GRAPH  (A)  OF  THIS SUBDIVISION WHEN, DURING ANY ELECTION ENUMERATED IN
SUCH SUBDIVISION, HE OR SHE:
  (I) BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE  QUALIFICA-
TIONS  OF MORE THAN TEN VOTERS DURING SUCH ELECTION, AND WHERE THE BOARD
OF ELECTIONS, FOLLOWING AN INVESTIGATION PURSUANT TO  PARAGRAPH  (F)  OF
SUBDIVISION  TWO OF SECTION 8-508 OF THIS CHAPTER, FINDS AT LEAST TEN OF
SUCH CHALLENGED VOTERS TO BE QUALIFIED VOTERS; OR
  (II) BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE QUALIFICA-
TIONS OF A VOTER AT ANY SUCH ELECTION  AND  FAILS  TO  COMPLY  WITH  THE
REQUIREMENTS OF SECTION 8-503 OF THIS CHAPTER; OR
  S 11. This act shall take effect one year after it shall have become a
law.