S T A T E O F N E W Y O R K
________________________________________________________________________
3489
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
___________
Introduced by M. of A. ZEBROWSKI, LUPARDO, GALEF, SCHIMMINGER, BUCHWALD
-- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to the preservation of
ballots and records of voting machines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 3-222 of the election law, as
amended by chapter 282 of the laws of 2011, is amended to read as
follows:
3. [Except] FOLLOWING CERTIFICATION OF THE ELECTION, EXCEPT as herein-
after provided, [packages of] ALL protested, void and wholly blank
ballots, [open packages of] TEN unused ballots FOR EACH BALLOT LOT OR
STYLE PRINTED and all absentee and military, special federal, special
presidential and emergency ballots and ballot envelopes, if any, opened
or unopened, shall be preserved for two years after the election. Sealed
packages of unused ballots shall be retained for four months, and may
then be destroyed, provided a certificate articulating the election
district identifying data and numbers of such ballots is filed with the
balance of ballots described in this section, for the balance of the two
year retention period. Except as hereinafter provided, boxes containing
voted paper ballots, if any shall be preserved inviolate for four months
after the election, or until one month before the next election occur-
ring within five months after a preceding election if such boxes are
needed for use at such next election and if the officer or board in
charge of such voted paper ballots is required by law to furnish ballot
boxes therefor. Provided, however, that such ballot boxes and such
packages may be opened, and their contents and the absentee and mili-
tary, special federal, special presidential and emergency ballots and
ballot envelopes may be examined, upon the order of any court or justice
of competent jurisdiction. Boxes and envelopes containing absentee,
military and emergency ballots voted at a general or special election,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01583-01-9
A. 3489 2
for the office of member of the senate or assembly, [packages of] ALL
void, protested and wholly blank ballots, unopened absentee and military
ballot envelopes and [the packages of] TEN unused ballots FOR EACH
BALLOT LOT OR STYLE PRINTED, in connection with such election, also may
be opened, and their contents and such envelopes also may be examined,
by direction of a committee of the senate or assembly to investigate and
report on contested elections of members of the legislature. Unless
otherwise ordered or directed by such a court, justice or committee,
such boxes shall be opened and their contents and such packages and the
envelopes containing voted ballots and ballot envelopes shall be
destroyed, at the expiration of the period during which they are
required by the provisions of this section to be preserved, except that
instead of being destroyed, they may be sold and the proceeds paid over
in the manner provided with respect to the sale of books, records and
papers pertaining to an election.
§ 2. This act shall take effect immediately.