[ ] is old law to be omitted.
LBD15776-01-8
S. 8403 2
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 APPRO-
PRIATE 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 equip-
ment. In the cities of New York, Buffalo and Rochester the board of
elections shall cause such ballots, supplies and equipment to be deliv-
ered 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 enti-
tled 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 chap-
ter.
3. [Any envelope containing absentee voters' ballots on which the
blanks have not been properly filled in shall be stamped to indicate the
defect and shall be preserved by the board for at least one year after
the receipt thereof.
S. 8403 3
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 pack-
ages, 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 speci-
fying 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-
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
S. 8403 4
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 inspec-
tors. 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 scan-
ner, 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, subdi-
visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
ing paragraph of paragraph (e) of subdivision 3 as amended by chapter
125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
vision 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.
(b) If the voter produces an identification document listed in para-
graph (a) of this subdivision, the inspector shall indicate so in the
LEDGER OR computer generated registration list, the voter will be deemed
S. 8403 5
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.
3. (a) If an applicant is challenged, the board, without delay, shall
either enter his name in the second section of the challenge report
together with the other entries required to be made in such section
opposite the applicant's name or make an entry next to [his] THE VOTER'S
name [on] IN the computer generated registration list or in the place
provided [at the end of] IN the computer generated registration list.
(b) A person who claims to have moved to a new address within the
election district in which he OR SHE is registered to vote shall be
permitted to vote in the same manner as other voters unless challenged
on other grounds. The inspectors shall enter the names and new addresses
of all such persons in either the first section of the challenge report
or in the place provided [at the end of] IN the computer generated
registration list and shall also enter the new address next to such
person's address on such computer generated registration list. When the
registration poll records of persons who have voted from new addresses
within the same election district are returned to the board of
elections, such board shall change the addresses on the face of such
registration poll records without completely obliterating the old
addresses and shall enter such new addresses and the new addresses for
any such persons whose names were [on] IN computer generated registra-
tion lists into its computer records for such persons.
(c) A person who claims a changed name shall be permitted to vote in
the same manner as other voters unless challenged on other grounds. The
inspectors shall either enter the names of all such persons in the first
section of the challenge report or in the place provided [at the end of]
IN the computer generated registration list, in the form in which they
are registered, followed in parentheses by the name as changed or enter
the name as changed next to such voter's name on the computer generated
registration list. The voter shall sign first on the registration poll
record or [on] IN the computer generated registration list, the name
under which the voter is registered and, immediately above it, the new
name, provided that [on] IN such [a computer generated] registration
list, the new name may be signed in the place provided [at the end of
such list]. When the registration poll record of a person who has voted
under a new name is returned to the board of elections, such board shall
change [his] THE VOTER'S name on the face of each [of his] registration
[records] RECORD without completely obliterating the old one, and there-
after such person shall vote only under his OR HER new name. If a voter
has signed a new name [on] IN a computer generated registration list,
such board shall enter such voter's new name and new signature in such
voter's computer record.
(d) If an applicant requests assistance in voting and qualifies there-
for, the board shall provide assistance as directed by this chapter, and
shall without delay either enter such applicant's name and the other
entries required in the third section of the challenge report or make an
entry next to such applicant's name [on] IN the computer generated
registration list or in the place provided [at the end of the computer
generated] IN SUCH registration list.
(e) Whenever a voter presents himself or herself and offers to cast a
ballot, and he or she claims to live in the election district in which
he or she seeks to vote but no registration poll record can be found for
S. 8403 6
him or her in the poll ledger or his or her name does not appear [on] IN
the computer generated registration list or his or her signature does
not appear next to his or her name [on] IN such [computer generated]
registration list or his or her registration poll record or the computer
generated registration list does not show him or her to be enrolled in
the party in which he or she claims to be enrolled, a poll clerk or
election inspector shall consult a map, street finder or other
description of all of the polling places and election districts within
the political subdivision in which said election district is located and
if necessary, contact the board of elections to obtain the relevant
information and advise the voter of the correct polling place and
election district for the residence address provided by the voter to
such poll clerk or election inspector. Thereafter, such voter shall be
permitted to vote in said election district only as hereinafter
provided:
(i) He OR SHE may present a court order requiring that he OR SHE be
permitted to vote. At a primary election, such a court order must speci-
fy the party in which the voter is permitted to vote. [He] THE VOTER
shall be required to sign [his] THEIR full name on top of the first page
of such order, together with [his] THE VOTER'S registration serial
number, if any, and [his] THE VOTER'S name and the other entries
required shall then be entered without delay in the fourth section of
the challenge report or in the place provided [at the end of] IN the
computer generated registration list, or, if such person's name appears
on [the computer generated] SUCH registration list, the board of
elections may provide a place to make such entry next to his OR HER name
on such list. The voter shall then be permitted to vote in the manner
otherwise prescribed for voters whose registration poll records are
found in the ledger or whose names are found on the computer generated
registration list; or
(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list or that he or she has moved within the county or city
since he or she last registered, the address from which he or she was
previously registered and the address at which he or she currently
resides, and at a primary election, the party in which he or she is
enrolled. The inspectors of election shall offer such an affidavit to
each such voter whose residence address is in such election district.
Each such affidavit shall be in a form prescribed by the state board of
elections, shall be printed on an envelope of the size and quality used
for an absentee ballot envelope, and shall contain an acknowledgment
that the affiant understands that any false statement made therein is
perjury punishable according to law. Such form prescribed by the state
board of elections shall request information required to register such
voter should the county board determine that such voter is not regis-
tered and shall constitute an application to register to vote. The
voter's name and the entries required shall then be entered without
delay and without further inquiry in the fourth section of the challenge
report or in the place provided [at the end of] IN the computer gener-
ated registration list, with the notation that the voter has executed
the affidavit hereinabove prescribed, or, if such person's name appears
[on the computer generated] IN SUCH registration list, the board of
S. 8403 7
elections may provide a place to make such entry next to his or her name
[on] IN such list. The voter shall then, without further inquiry, be
permitted to vote an affidavit ballot provided for by this chapter. Such
ballot shall thereupon be placed in the envelope containing his or her
affidavit, and the envelope sealed and returned to the board of
elections in the manner provided by this chapter for protested official
ballots, including a statement of the number of such ballots.
4. At a primary election, a voter whose registration poll record is in
the ledger OR COMPUTER GENERATED REGISTRATION LIST shall be permitted to
vote only in the primary of the party in which such record shows [him]
THE VOTER to be enrolled unless [he] THE VOTER shall present a court
order pursuant to the provisions of subparagraph (i) of paragraph (e) of
subdivision three of this section requiring that [he] THE VOTER be
permitted to vote in the primary of another party, or unless [he] THE
VOTER shall present a certificate of enrollment issued by the board of
elections, not earlier than one month before such primary election,
pursuant to the provisions of this chapter which certifies that [he] THE
VOTER is enrolled in a party other than the one in which such record
shows [him] THE VOTER to be enrolled, or unless he OR SHE shall
subscribe an affidavit pursuant to the provisions of subparagraph (ii)
of paragraph (e) of subdivision three of this section.
5. Except for voters unable to sign their names, no person shall be
permitted to vote without first identifying himself OR HERSELF as
required by this chapter.
§ 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law,
subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are
amended to read as follows:
1. A person before being allowed to vote shall be required, except as
provided in this chapter, to sign his OR HER name on the back of his OR
HER registration poll record on the first line reserved for his OR HER
signature at the time of election which is not filled with a previous
signature, or [on the line of] IN THE SPACE PROVIDED IN the computer
generated registration list reserved for [his] THE VOTER'S signature.
The two inspectors in charge shall satisfy themselves by a comparison of
this signature with [his] THE VOTER'S registration signature and by
comparison of [his] THE VOTER'S appearance with the descriptive material
on the face of the registration poll record that [he] THE VOTER is the
person registered. If they are so satisfied they shall enter the other
information required for the election on the same line with the voter's
latest signature, shall sign their names or initials in the spaces
provided therefor, and shall permit the applicant to vote. Any inspector
or inspectors not satisfied shall challenge the applicant forthwith.
2. If a person who alleges [his] AN inability to sign his OR HER name
presents himself OR HERSELF to vote, the board of inspectors shall
permit [him] SUCH PERSON to vote, unless challenged on other grounds,
provided [he] THE VOTER had been permitted to register without signing
[his] THE VOTER'S name. The board shall enter the words "Unable to Sign"
in the space on [his] THE VOTER'S registration poll record reserved for
[his] THE VOTER'S signature or on the line [of] OR SPACE the computer
generated registration list reserved for [his] THE VOTER'S signature at
such election. If [his] THE VOTER'S signature appears upon [his] THE
VOTER'S registration record or [upon] IN the computer generated regis-
tration list the board shall challenge [him] THE VOTER forthwith, except
that if such a person claims that he OR SHE is unable to sign his OR HER
name by reason of a physical disability incurred since [his] THE VOTER'S
registration, the board, if convinced of the existence of such disabili-
S. 8403 8
ty, shall permit him OR HER to vote, shall enter the words "Unable to
Sign" and a brief description of such disability in the space reserved
for [his] THE VOTER'S signature at such election. At each subsequent
election, if such disability still exists, [he] THE VOTER shall be enti-
tled to vote without signing [his] THEIR name and the board of inspec-
tors, without further notation, shall enter the words "Unable to Sign"
in the space reserved for [his] THE VOTER'S signature at such election.
3. The voter's FACSIMILE signature [made by him upon registration and
his signature made at subsequent elections] shall be effectively
concealed from the voter by a blotter or [piece of opaque paper] OTHER
MEANS until after the voter shall have completed [his] THE signature.
§ 10. Subdivision 3 of section 8-306 of the election law, as amended
by chapter 154 of the laws of 1991, is amended to read as follows:
3. Any voter who requires assistance to vote by reason of blindness,
disability or inability to read or write may be given assistance by a
person of the voter's choice, other than the voter's employer or agent
of the employer or officer or agent of the voter's union. A voter enti-
tled to assistance in voting who does not select a particular person may
be assisted by two election inspectors not of the same political faith.
The inspectors or person assisting a voter shall enter the voting
machine or booth with [him] THE VOTER, help [him] THE VOTER in the prep-
aration of [his] THE VOTER'S ballot and, if necessary, in the return of
the voted ballot to the inspectors for deposit in the ballot box. The
inspectors shall enter in the [remarks space on the registration poll
card of an assisted voter, or next to the name of] SPACE PROVIDED FOR
such voter [on] IN the computer generated registration list, the name of
each officer or person rendering such assistance.
§ 11. Subdivision 2 of section 8-508 of the election law, as amended
by chapter 200 of the laws of 1996, is amended to read as follows:
2. (a) The first section of such report shall be reserved for the
inspectors of election to enter the name, address and registration seri-
al number of each person who claims a change in name, or a change of
address within the election district, together with the new name or
address of each such person. In lieu of preparing section one of the
challenge list, the board of elections may provide, next to the name of
each voter [on] IN the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section one, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(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. 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] IN 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] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(c) The third section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each voter given assistance, together with the reason the voter was
allowed assistance, the name of the person giving such assistance and
S. 8403 9
his address if not an inspector. If no voters are given assistance, the
board of inspectors shall enter the words "No Assistance" across the
space reserved for such names. In lieu of providing section three of the
challenge report, the board of elections may provide, next to the name
of each voter [on] IN the computer generated registration list, a place
for the inspectors of election to record the information required to be
entered in such section three, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(d) The fourth 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 was permitted to vote pursuant to a court order, or
to vote on a paper ballot which was inserted in an affidavit envelope.
If there are no such names, such board shall enter the word "None"
across the space provided for such names. In lieu of providing section
four of such report, the board of elections may provide, next to the
name of each voter [on] IN the computer generated registration list, a
place for the inspectors of election to record the information required
to be entered in such section four, or provide [at the end of the
computer generated] ELSEWHERE IN SUCH registration list, a place for the
inspectors of election to enter such information.
(e) At the foot of such report [and] OR at the end of any such comput-
er generated registration list, IF APPLICABLE, shall be [printed] a
certificate that such report OR LIST 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, that such
report OR LIST 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 relation-
ship, 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 required such assistance and that each person rendering such
assistance took the required oath; that such report OR LIST contains the
names of all voters who were permitted to vote although their registra-
tion 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 OR LIST.
(f) Upon the return of such report [and] OR lists to the board of
elections, it shall complete the investigation of voting qualifications
of all persons named in the second section thereof or for whom entries
were placed [on] IN such computer generated registration lists in lieu
of the preparation of the second section of the challenge report, and
shall forthwith proceed to cancel the registration of any person who, as
noted upon such report, OR IN SUCH LIST, was challenged at such election
and refused either to take a challenge oath or to answer any challenge
question.
(g) The state board of elections shall prescribe a form of challenge
report for use pursuant to the provisions of this section. Such form may
require the insertion of such other information as the state board shall
deem appropriate.
§ 12. Section 8-510 of the election law, the section heading as
amended by chapter 373 of the laws of 1978, subdivision 1 as amended by
chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
43 of the laws of 1988, is amended to read as follows:
§ 8-510. Challenge report; completion of and [closing of registration
poll ledgers] PROCEDURE AFTER. 1. Immediately after the close of the
S. 8403 10
polls the board of inspectors of election shall verify the entries which
it has made on the challenge report or [at the end of the] IN THE SPACES
PROVIDED IN THE computer generated registration list by comparing such
entries with the information appearing on the registration poll records
of the affected voters or the information appearing [next to the names
of such voters on] IN THE SPACES PROVIDED IN the computer generated
registration list. If it has made no entries in section two, three or
four of such report it shall write across OR NOTE IN such section the
words "No challenges", "No assistance" or "None", as the case may be, as
directed in this chapter.
2. After completing such report the inspectors shall sign [the] A
certificate [at the end of] IN THE SPACES PROVIDED BY THE COUNTY BOARD
OF ELECTIONS FOR such report.
3. The inspectors shall place such completed report, and each court
order, if any, directing that a person be permitted to vote, [inside a]
IN THE SECURE CONTAINER PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR
SUCH ledger of registration 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 comput-
er generated registration 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.
§ 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of
subdivision 2 of section 9-209 of the election law, as amended by chap-
ter 308 of the laws of 2011, are amended to read as follows:
(C) If such person is found to be registered and has not voted in
person, an inspector shall compare the signature, if any, on each envel-
ope with the signature, if any, on the registration poll record, the
computer generated list of registered voters or the list of special
presidential voters, of the person of the same name who registered from
the same address. If the signatures are found to correspond, such
inspector shall certify thereto by [signing] PLACING his or her initials
in the ["Inspector's Initials" line on the] SPACE PROVIDED IN THE
computer generated list of registered voters [or in the "remarks" column
as appropriate].
(D) If such person is found to be registered and has not voted in
person, and if no challenge is made, or if a challenge made is not
sustained, the envelope shall be opened, the ballot or ballots withdrawn
without unfolding, and the ballot or ballots deposited in the proper
ballot box or boxes, or envelopes, provided however that, in the case of
a primary election, the ballot shall be deposited in the box only if the
ballot is of the party with which the voter is enrolled according to the
entry on the back of his or her registration poll record or [next to his
or her name on] IN the computer generated registration list; if not, the
ballot shall be rejected without inspection or unfolding and shall be
returned to the envelope which shall be endorsed "not enrolled." At the
time of the deposit of such ballot or ballots in the box or envelopes,
the inspectors shall enter the words "absentee vote" or "military vote"
in the space reserved for the voter's signature on the aforesaid list or
in the "remarks" [column] SPACE as appropriate, and shall enter the year
and month of the election on the same line in the spaces provided there-
for.
§ 14. Subdivision 4 of section 11-206 of the election law, as amended
by chapter 91 of the laws of 1992, is amended to read as follows:
S. 8403 11
4. The registration poll records of special federal voters shall be
filed, in alphabetical order, by election district. At each election at
which [the ballots of] special federal voters are [delivered to the
inspectors of election in each election district] ELIGIBLE TO VOTE, the
registration poll records of all special federal voters [eligible to
vote at such election] shall be delivered to such inspectors of election
together with the other registration poll records or the names of such
voters shall be included [on] IN the computer generated registration
list. Such records shall be delivered either in a separate poll ledger
or a separate, clearly marked section, of the main poll ledger or [in a
separate,] BE clearly marked[, section of] IN the computer generated
registration list as the board of elections shall determine.
§ 15. Subdivision 6 of section 5-212 of the election law, as amended
by chapter 200 of the laws of 1996, is amended to read as follows:
6. The department of motor vehicles shall transmit that portion of the
form which constitutes the completed application for registration or
change of address form to the appropriate board of elections not later
than ten days after receipt except that all such completed applications
and forms received by the department between the thirtieth and twenty-
fifth day before an election shall be transmitted in such manner and at
such time as to assure their receipt by such board of elections not
later than the twentieth day before such election. All transmittals
shall include original signatures AND PHOTO IDENTIFICATION OF THE APPLI-
CANT OR VOTER.
§ 16. Section 5-212 of the election law is amended by adding a new
subdivision 6-a to read as follows:
6-A. THE DEPARTMENT OF MOTOR VEHICLES SHALL, IN COORDINATION WITH THE
STATE BOARD OF ELECTIONS, TRANSMIT BY ELECTRONIC TRANSMISSION THE PHOTO
IDENTIFICATION OF ALL REGISTERED VOTERS THAT HAVE A VALID DRIVER'S
LICENSE OR STATE IDENTIFICATION CARD ISSUED BY THE DEPARTMENT OF MOTOR
VEHICLES.
§ 17. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
