S T A T E O F N E W Y O R K
________________________________________________________________________
7601
2011-2012 Regular Sessions
I N A S S E M B L Y
May 10, 2011
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Introduced by M. of A. MILLMAN -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to the opening of polls
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 8-102 of the election law, as
amended by chapter 164 of the laws of 2010, is amended to read as
follows:
2. The keys to the ballot scanner and ballot marking device shall be
delivered to the inspectors at least [one-half] ONE hour before the time
set for the opening of the polls, in a sealed envelope, on which shall
be written or printed the ballot scanner or ballot marking device serial
number and location of the polling place, as reported by the voting
machine custodian. IN THE CITY OF NEW YORK, THE POLICE OFFICER OR PEACE
OFFICER DESIGNATED BY THE POLICE COMMISSIONER OF THE CITY OF NEW YORK
PURSUANT TO SUBDIVISION SIX OF SECTION 8-104 OF THIS TITLE SHALL DELIVER
SUCH KEYS IN ACCORDANCE WITH THE TERMS OF THIS SECTION. The envelope
containing the keys shall not be opened until at least one inspector
from each of the two parties shall be present in the polling place and
shall have examined the envelope to see that it has not been opened.
Before opening the envelope, such election inspectors present shall
examine the serial number on the machine, and shall see if they are the
same as the numbers written on the envelope containing the keys. If
found not to agree, the envelope must not be opened until the voting
machine custodian, or other authorized person, shall have been notified
and shall have arrived at the polling place for the purpose of re-exa-
mining such machine and shall certify that it is properly arranged. If
the serial number on the machine is found to agree with the number on
the envelope, the inspectors, except as hereinafter provided, shall turn
on the machine. The inspectors shall carefully examine the printed
record produced by the machine to see that each counter registers zero,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11531-02-1
A. 7601 2
and shall allow watchers to examine the printed record. The inspectors
shall then sign a certificate showing the delivery of the keys in a
sealed envelope, the serial number on the machine, the number registered
on the protective counter, that all the counters are set at zero and
that the public counter is set at zero. The machine shall remain secured
against voting until the polls are formally opened and shall not be
operated except by voters when voting or by election officials upon the
instructions of the board of elections. If any counter is found not to
register zero, the inspectors of election shall immediately notify the
board of elections.
S 2. Subdivision 6 of section 8-104 of the election law, as amended by
chapter 413 of the laws of 1991, is amended to read as follows:
6. In the city of New York, during days of primary, general, special
and community school board elections, at each premises wherein a polling
place or places are located, at least one police officer or peace offi-
cer designated by the police commissioner of such city pursuant to the
provisions of article two of the criminal procedure law shall be
assigned for duty AT ALL TIMES, from ONE HOUR BEFORE the opening OF THE
POLLS until the [closing of the polls] COMPLETION OF THE CANVASS AS SET
FORTH IN ARTICLE NINE OF THIS CHAPTER AFTER THE POLLS HAVE BEEN CLOSED.
Additional police officers or peace officers may be assigned as is
deemed appropriate by the police commissioner of such city.
S 3. This act shall take effect immediately.