LBD03330-01-9
A. 5492 2
AFFIRMATION ENVELOPE FOR THE DISTRICT THEY SAY THEY ARE REGISTERED TO
VOTE IN.
(B) UPON AN ON DEMAND VOTER SEALING AND COMPLETING THE AFFIRMATION
ENVELOPE IN THE VOTING AREA, SUCH ENVELOPE SHALL BE DEPOSITED INTO A
SECURE ON DEMAND BALLOT BOX.
2. ONCE THE POLLS ARE CLOSED AND NO ONE IN THE DISTRICT IS ALLOWED TO
CAST A BALLOT IN A DISTRICT'S PLACE OF VOTING, THE ON DEMAND BALLOT BOX
SHALL BE IMMEDIATELY BROUGHT TO THE BOARD OF ELECTIONS. ON DEMAND
BALLOTS RECEIVED BY THE BOARD OF ELECTIONS SHALL BE RETAINED AT THE
BOARD OF ELECTIONS AND CAST AND CANVASSED PURSUANT TO THE PROVISIONS OF
SECTION 9-209 OF THIS CHAPTER.
§ 2. The election law is amended by adding a new section 7-132 to read
as follows:
§ 7-132. BALLOTS; ON DEMAND. 1. BALLOTS FOR ON DEMAND VOTERS SHALL BE
IN THE SAME FORM AS THOSE TO BE USED IN THE ON DEMAND VOTERS' DISTRICT
ON ELECTION DAY EXCEPT THE BALLOT SHALL HAVE THE WORDS "ON DEMAND
BALLOT", ENDORSED THEREON.
2. THE BOARD OF ELECTIONS SHALL FURNISH WITH EACH ON DEMAND BALLOT AN
ON DEMAND AFFIRMATION ENVELOPE. ON ONE SIDE OF THE ENVELOPE SHALL BE
PRINTED:
OFFICIAL ON DEMAND BALLOT
FOR
GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
............., 20.......
NAME OF VOTER.........................................
RESIDENCE (STREET AND NUMBER IF ANY)..................
CITY/OR TOWN OF.......(VILLAGE, IF ANY)...............
COUNTY OF.............................................
ASSEMBLY DISTRICT ....................................
LEGISLATIVE DISTRICT (AS APPLICABLE) .................
WARD (AS APPLICABLE) .................................
ELECTION DISTRICT.....................................
PARTY ENROLLMENT (IN CASE OF PRIMARY ELECTION)........
3. THE DATE OF THE ELECTION, NAME OF THE COUNTY, AND NAME OF A CITY,
IF THERE BE A SEPARATE BALLOT FOR CITY VOTERS, SHALL BE PRINTED, AND THE
NAME OF THE VOTER, RESIDENCE, NUMBER OF THE ASSEMBLY DISTRICT, IF ANY,
NAME OF TOWN, NUMBER OF WARD, IF ANY, ELECTION DISTRICT AND PARTY
ENROLLMENT, IF REQUIRED, SHALL BE WRITTEN ONTO THE ENVELOPE BY THE ON
DEMAND VOTER.
4. THERE SHALL ALSO BE A PLACE FOR TWO INSPECTORS OF OPPOSITE POLI-
TICAL PARTIES TO INDICATE, BY PLACING THEIR INITIALS THEREON, THAT THEY
HAVE CHECKED AND MARKED THE VOTER'S POLL RECORD.
5. ON THE REVERSE SIDE OF SUCH AFFIRMATION ENVELOPE SHALL BE PRINTED
THE FOLLOWING STATEMENT:
AFFIRMATION
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I DO DECLARE THAT I AM A CITIZEN OF THE UNITED STATES, THAT I AM DULY
REGISTERED IN THE ELECTION DISTRICT SHOWN ON THE REVERSE SIDE OF THIS
ENVELOPE AND I AM QUALIFIED TO VOTE IN SUCH DISTRICT; THAT I HAVE NOT
QUALIFIED NOR DO I INTEND TO VOTE ELSEWHERE, THAT I HAVE NOT COMMITTED
ANY ACT NOR AM I UNDER ANY IMPEDIMENT WHICH DENIES ME THE RIGHT TO VOTE.
I HEREBY DECLARE THAT THE FOREGOING IS A TRUE STATEMENT TO THE BEST OF
MY KNOWLEDGE AND BELIEF, AND I UNDERSTAND THAT IF I MAKE ANY MATERIAL
FALSE STATEMENT IN THE FOREGOING STATEMENT OF ON DEMAND VOTER, I SHALL
BE GUILTY OF A MISDEMEANOR.
DATE.................20..... ........................................
SIGNATURE OR MARK OF VOTER
........................................
SIGNATURE OF WITNESS (REQUIRED ONLY
IF VOTER DOES NOT SIGN HIS OWN NAME)
........................................
ADDRESS OF WITNESS
6. UPON THE ON DEMAND BALLOT BEING MARKED AND INSERTED INTO A
COMPLETED AFFIRMATION ENVELOPE, THE AFFIRMATION ENVELOPE SHALL BE SEALED
AND DEPOSITED INTO THE DISTRICT'S SECURE ON DEMAND BALLOT BOX.
§ 3. Section 9-124 of the election law, as amended by chapter 334 of
the laws of 2013, is amended to read as follows:
§ 9-124. Returns of canvass, procedure after. 1. After the returns of
the canvass are made out and signed, the inspectors shall enclose the
protested and void ballots and the ballots cast in affidavit envelopes
in a separate sealed envelope or envelopes and endorse thereon a certif-
icate signed by each of them stating the number of the district and the
number of ballots contained in such envelope or envelopes. The inspec-
tors shall enclose the unscanned voted ballots canvassed in accordance
with section 9-110 of this title in a separate sealed envelope and
endorse thereon a certificate signed by each of them stating the number
of the district and the number of ballots contained in such envelope.
The inspectors shall then package and seal the other voted ballots and
place them in one or more boxes or containers, and include within such
boxes or containers one portable memory device from each ballot scanner
pursuant to paragraph (d) of subdivision two of section 9-102 of this
title, and any absentee, ON DEMAND, military, special federal, or
special presidential ballots which may have been delivered to the poll
site during election day, and securely lock and seal such boxes or
containers. Notwithstanding the preceding sentence, such portable memory
device from each ballot scanner with the corresponding results tape may
be enclosed in a sealed container and transported prior to and separate-
ly from other materials referenced in this section for the purpose of
using such device to provide an unofficial tally of results as required
by section 9-126 of this title.
2. Each box, envelope, or container containing the ballots and stubs,
if any, and all items described in subdivision one of this section shall
be deposited by an inspector designated for that purpose with the offi-
cer or board from whom or which the board of inspectors received it. In
the city of New York, every such box, envelope, or container shall be
delivered at the polling place to police or peace officers designated by
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the police commissioner of such city, who shall deposit them with the
board of elections.
3. (a) Except in the city of New York, the registration poll records
or computer generated registration lists, the returns of canvass with
results tapes and tally sheets, if any, annexed, the voted ballots,
stubs, opened packages of unused ballots and ballot envelopes, any
absentee, ON DEMAND, military, special federal, or special presidential
ballots which may have been delivered to the poll site during election
day, the challenge records and the package of protested and void ballots
shall be filed with the board of elections.
(b) Records and supplies to be filed with a city, town or village
clerk shall be so filed or delivered immediately after the completion of
the returns of the canvass, by an inspector designated by the board of
inspectors. Returns, papers and registration poll records or computer
generated registration lists to be filed with the board of elections
shall be so filed by the chairman of the board of inspectors within
twenty-four hours after the completion of such returns. The person
receiving such returns in the board of elections shall give to the
person delivering the returns a receipt stating therein the date and
hour of delivery, the name of the person making the delivery, and to
whom said returns were delivered and shall keep a duplicate of said
receipt on file in the office of the board of elections.
(c) The county legislative body of any county in the state except the
counties comprising the city of New York may, by a resolution, ordinance
or act as required, provide that all returns, papers, registration poll
records or computer generated registration lists, books, records, docu-
ments, and other election supplies and materials shall be filed by the
chairman of the board of inspectors of elections in a city or town and
in a village in which elections are conducted by the board of elections,
with the city, town or village clerk of such city, town or village in
the county within eighteen hours after the closing of the polls at any
primary, general, special or village election and the city, town or
village clerk upon receiving such returns, papers, registers or lists,
books, records, documents, and other election supplies and materials
shall give to the person making the delivery, a receipt stating therein
the date and hour of the delivery and the name of such person. Within
twenty-four hours after the closing of the polls at any primary, gener-
al, special or village election, the city, town or village clerk shall
file all returns, papers, registration poll records or computer gener-
ated registration lists, books, records, documents and other election
supplies and materials filed with him by the inspectors of the election
districts of the city, town or village, with the board of elections of
the county and the board of elections shall give to the city, town or
village clerk a receipt therefor stating therein the date and hour of
the delivery and the name of the person making the delivery and to whom
it was made, and shall keep a duplicate of said receipt on file in the
office of the board of elections.
(d) In the city of New York, the board of inspectors shall deliver to
police or peace officers designated by the police commissioner of such
city, at the polling place the registration poll records or computer
generated registration lists, challenge report, records, keys, other
election supplies, including two copies of the returns of the canvass
and any absentee, ON DEMAND, military, special federal, or special pres-
idential ballots which may have been delivered to the poll site during
election day, voted ballots, stubs, open packages of unused ballots and
ballot envelopes. Such police or peace officers shall file the returns,
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the package of void and protested ballots, if any, and the absentee, ON
DEMAND, military, special federal, special presidential, and emergency
ballots, stubs and ballot envelopes, if any, within twenty-four hours
after the close of the polls, in the office of the board of elections or
its branch office within the borough, as the case may be.
§ 4. 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 as hereinafter provided, packages of protested, void and
wholly blank ballots, open packages of unused ballots and all absentee
[and], ON DEMAND, 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 occurring
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], ON DEMAND,
military, 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 absen-
tee, ON DEMAND, military and emergency ballots voted at a general or
special election, for the office of member of the senate or assembly,
packages of void, protested and wholly blank ballots, unopened absentee,
ON DEMAND and military ballot envelopes and the packages of unused
ballots, 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 pertain-
ing to an election.
§ 5. Section 4-134 of the election law is amended by adding a new
subdivision 3-a to read as follows:
3-A. ANY AFFIRMATION ENVELOPE CONTAINING ON DEMAND 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.
§ 6. Subdivision 1 of section 5-502 of the election law, as amended by
chapter 510 of the laws of 1985, is amended to read as follows:
1. The board of elections shall furnish in time for use by the boards
of inspectors of election, the registration records, an American flag, a
map or certified description of the election district, and the adjoining
election districts, challenge affidavits, absentee voting applications,
a list of voters who are currently registered in the election district,
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a list of those voters who have been cancelled in the last year with the
reason for such cancellations, forms for statements of temporary
absence, a sufficient number of copies of the ballot proposals to be
submitted to the voters at the ensuing election, at least one copy of
the instruction booklet for inspectors, A MECHANISM FOR PRODUCING AN ON
DEMAND BALLOT FOR ANY PERSON REGISTERED TO VOTE WITHIN THE COUNTY, ON
DEMAND AFFIRMATION ENVELOPES and all other forms and supplies required
for the administration of the registration system as provided by this
article.
§ 7. Paragraph i of subdivision 3 of section 5-614 of the election
law, as added by chapter 24 of the laws of 2005, is amended to read as
follows:
i. allow local boards of elections, using their own systems, to
perform essential election functions including but not limited to proc-
essing of absentee voters, PROCESSING OF ON DEMAND VOTERS, adminis-
tration of poll workers and polling places, assignment of election
jurisdictions based on residence and address and other functions neces-
sary for the conduct of elections using voter registration information
from the official statewide voter registration list.
§ 8. Section 8-502 of the election law, as amended by chapter 373 of
the laws of 1978, is amended to read as follows:
§ 8-502. Challenges; generally. Before his vote is cast at an election
any person may be challenged as to his right to vote, or his right to
vote by absentee, ON DEMAND, 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. An inspector shall challenge every person offering to
vote, whom he 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 challenged on election day which is furnished by the board of
elections.
§ 9. The section heading and subdivision 1 of section 8-506 of the
election law, the section heading as amended by chapter 8 of the laws of
1978 and subdivision 1 as amended by chapter 40 of the laws of 2009, are
amended to read as follows:
Challenges; absentee, ON DEMAND, military, special federal and special
presidential ballots. 1. During the examination of absentee, ON DEMAND,
military, special federal and special presidential voters' ballot envel-
opes, any inspector shall, and any watcher or registered voter properly
in the polling place may, challenge the casting of any ballot upon the
ground or grounds allowed for challenges generally, or (a) that the
voter was not entitled to cast an absentee, ON DEMAND, military, special
federal or special presidential ballot, or (b) that notwithstanding the
permissive use of titles, initials or customary abbreviations of given
names, the signature on the ballot envelope does not correspond to the
signature on the registration poll record, or (c) that the voter died
before the day of the election.
§ 10. Section 9-209 of the election law, as amended by chapter 104 of
the laws of 2010, the opening paragraph as amended by chapter 163 of the
laws of 2010 and paragraphs (a) and (c) of subdivision 2 as amended by
chapter 308 of the laws of 2011, is amended to read as follows:
§ 9-209. Canvass of absentee, ON DEMAND, military and special ballots
and ballots cast by voters with registration poll records missing on
days of election or voters who have not had their identity previously
verified or who have moved after registering. Before completing the
canvass of votes cast in any primary, general, special, or other
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election at which voters are required to sign their registration poll
records before voting, the board of elections shall proceed in the
manner hereinafter prescribed to cast and canvass any absentee, ON
DEMAND, military, special presidential, special federal or other special
ballots and any ballots voted by voters who moved within the county or
city after registering, voters who are in inactive status, voters whose
registration was incorrectly transferred to another address even though
they did not move, voters whose registration poll records were missing
on the day of such election, voters who have not had their identity
previously verified and voters whose registration poll records did not
show them to be enrolled in the party in which they claimed to be
enrolled. Each such ballot shall be retained in the original envelope
containing the voter's affidavit and signature, in which it is delivered
to the board of elections until such time as it is to be cast and
canvassed.
1. (a) The board of elections shall designate itself or such of its
employees as it shall deem appropriate as a set of poll clerks to cast
and canvass such ballots, and fix a time and place for their meeting for
such purpose, provided that such meeting shall be no more than fourteen
days after a general or special election and no more than eight days
after a primary election at which such ballots are voted. The board may
designate additional sets of poll clerks and if it designates more than
one such set shall apportion among all such sets the election districts
from which such ballots have been received, provided that all such
ballots from a single election district shall be assigned to a single
set of clerks, and that each such set shall be divided equally between
representatives of the two major political parties. Each such set of
clerks shall be deemed a central board of inspectors for purposes of
this section.
(b) At least five days prior to the time fixed for such meeting, the
board shall send notice by first class mail to each candidate, political
party, and independent body entitled to have had watchers present at the
polls in any election district in the board's jurisdiction. Such notice
shall state the time and place fixed by the board for such canvass.
(c) Each such candidate, political party, and independent body shall
be entitled to appoint such number of watchers to attend upon each
central board of inspectors as such candidate, political party, or inde-
pendent body was entitled to appoint at such election in any one
election district for which such central board of inspectors is desig-
nated to act.
2. (a) (i) Upon assembling at the time and place fixed for such meet-
ing, each central board of inspectors shall examine, cast, and canvass
the envelopes and the ballots therein contained as nearly as practicable
in the following manner:
(A) If a person whose name is on an envelope as a voter has already
voted in person at such election, or if his or her name and residence as
stated on the envelope are not on a registration poll record, or the
computer generated list of registered voters or the list of special
presidential voters, or if there is no name on the envelope, or if the
envelope is not sealed, such envelope shall be laid aside unopened.
(B) If there is more than one ballot envelope executed by the same
voter, the one bearing the later date of execution shall be accepted and
the other rejected. If it cannot be determined which envelope bears the
later date, then all such envelopes shall be rejected.
(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-
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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 his or her initials in the
"Inspector's Initials" line on 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 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", "ON DEMAND VOTE"
or "military vote" in the space reserved for the voter's signature on
the aforesaid list or in the "remarks" column as appropriate, and shall
enter the year and month of the election on the same line in the spaces
provided therefor.
(E) As each envelope is opened, if one or more of the different kinds
of ballots to be voted at the election are not found therein, the
clerks, or inspectors, shall make a memorandum showing what ballot or
ballots are missing. If a ballot envelope shall contain more than one
ballot for the same offices, all the ballots in such envelope shall be
rejected. When the casting of such ballots shall have been completed
the clerks or inspectors shall ascertain the number of such ballots of
each kind which have been deposited in the ballot box by deducting from
the number of envelopes opened the number of missing ballots, and shall
make a return thereof. The number of absentee voters' ballots AND ON
DEMAND VOTERS' BALLOTS deposited in the ballot box shall be added to the
number of other ballots deposited in the ballot box, in order to deter-
mine the number of all ballots of each kind to be accounted for in the
ballot box.
(ii) If the board of inspectors determines that a person was entitled
to vote at such election it shall cast and canvass such ballot if such
board finds that ministerial error by the board of elections or any of
its employees caused such ballot envelope not to be valid on its face.
(iii) If the board of elections determines that a person was entitled
to vote at such election, the board shall cast and canvass such ballot
if such board finds that the voter appeared at the correct polling
place, regardless of the fact that the voter may have appeared in the
incorrect election district.
(b)(i) Such board of inspectors shall also cast and canvass any feder-
al write-in absentee ballots validly cast by an absentee voter, a mili-
tary voter or a special federal voter for the offices of president and
vice-president, United States senator and representative in congress.
Such board of inspectors shall also cast and canvass any federal write-
in absentee ballots validly cast by a military voter for all questions
or proposals, public offices or party positions for which a military
voter is otherwise eligible to vote as provided in section 10-104 of
this chapter.
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(ii) Federal write-in absentee ballots shall be cast and canvassed
only if: (A) an application for an absentee, military or special federal
ballot was received from the absentee, military or special federal voter
at least thirty days before election day; (B) the federal write-in
absentee ballot was submitted from inside or outside the United States
by a military voter or was submitted from outside the United States by a
special federal voter; (C) such ballot is received by the board of
elections not later than thirteen days following the day of election or
seven days after a primary election; and (D) the absentee, military or
special federal ballot which was sent to the voter is not received by
the board of elections by the thirteenth day following the day of a
general or special election or the seventh day after a primary election.
(iii) If such a federal write-in absentee ballot is received after
election day, the envelope in which it is received must contain: (A) a
cancellation mark of the United States postal service or a foreign coun-
try's postal service; (B) a dated endorsement of receipt by another
agency of the United States government; or (C) if cast by a military
voter, the signature and date of the voter and one witness thereto with
a date which is ascertained to be not later than the day before election
day.
(iv) If such a federal write-in absentee ballot contains the name of a
person or persons in the space provided for a vote for any office, such
ballot shall be counted as a vote for such person or persons. A vote for
a person who is the candidate of a party or independent body either for
president or vice-president shall be deemed to be a vote for both the
candidates of such party or independent body for such offices. If such a
ballot contains the name of a party or independent body in the space
provided for a vote for any office, such ballot shall be deemed to be a
vote for the candidate or candidates, if any, of such party or independ-
ent body for such office. In the case of the offices of president and
vice-president a vote cast for a candidate, either directly or by writ-
ing in the name of a party or independent body, shall also be deemed to
be votes for the electors supporting such candidate. Any abbreviation,
misspelling or other minor variation in the form of the name of a candi-
date or a party or independent body shall be disregarded in determining
the validity of the ballot, if the intention can be ascertained.
(B-1) SUCH BOARD OF INSPECTORS SHALL ALSO CAST AND CANVASS ANY FEDERAL
WRITE-IN ON DEMAND BALLOTS VALIDLY CAST BY AN ON DEMAND VOTER FOR THE
OFFICES OF PRESIDENT AND VICE-PRESIDENT, UNITED STATES SENATOR AND
REPRESENTATIVE IN CONGRESS. IF SUCH A FEDERAL WRITE-IN ON DEMAND BALLOT
CONTAINS THE NAME OF A PERSON OR PERSONS IN THE SPACE PROVIDED FOR A
VOTE FOR ANY OFFICE, SUCH BALLOT SHALL BE COUNTED AS A VOTE FOR SUCH
PERSON OR PERSONS. A VOTE FOR A PERSON WHO IS THE CANDIDATE OF A PARTY
OR INDEPENDENT BODY EITHER FOR PRESIDENT OR VICE-PRESIDENT SHALL BE
DEEMED TO BE A VOTE FOR BOTH THE CANDIDATES OF SUCH PARTY OR INDEPENDENT
BODY FOR SUCH OFFICES. IF SUCH A BALLOT CONTAINS THE NAME OF A PARTY OR
INDEPENDENT BODY IN THE SPACE PROVIDED FOR A VOTE FOR ANY OFFICE, SUCH
BALLOT SHALL BE DEEMED TO BE A VOTE FOR THE CANDIDATE OR CANDIDATES, IF
ANY, OF SUCH PARTY OR INDEPENDENT BODY FOR SUCH OFFICE. IN THE CASE OF
THE OFFICES OF PRESIDENT AND VICE-PRESIDENT A VOTE CAST FOR A CANDIDATE,
EITHER DIRECTLY OR BY WRITING IN THE NAME OF A PARTY OR INDEPENDENT
BODY, SHALL ALSO BE DEEMED TO BE VOTES FOR THE ELECTORS SUPPORTING SUCH
CANDIDATE. ANY ABBREVIATION, MISSPELLING OR OTHER MINOR VARIATION IN THE
FORM OF THE NAME OF A CANDIDATE OR A PARTY OR INDEPENDENT BODY SHALL BE
DISREGARDED IN DETERMINING THE VALIDITY OF THE BALLOT, IF THE INTENTION
CAN BE ASCERTAINED.
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(c) The following provisions shall apply to casting and canvassing of
all such ballots which are counted by machine and all other provisions
of this chapter with respect to casting and canvassing such ballots
which are not inconsistent with this paragraph shall be applicable to
such ballots.
(i) Such ballots may be separated into sections before being placed in
the counting machine.
(ii) Any write-in ballots and any ballots which cannot be counted by
the machine shall be counted manually subject to all the applicable
provisions of this chapter with respect to counting of ballots.
(iii) The record of the vote counted by machine for each candidate and
for and against each ballot proposal, printed by election district,
shall be preserved in the same manner and for the same period as the
returns of canvass for the election.
(d) Any person lawfully present may object to the refusal to cast or
canvass any ballot on the grounds that the voter is a properly qualified
voter of the election district, or in the case of a party primary duly
enrolled in such party, or to the casting or canvassing of any ballot on
the grounds that the voter is not a properly qualified voter of the
election district, or in the case of a party primary not duly enrolled
in such party, or otherwise not entitled to cast such ballot. When any
such objection is made, the central board of inspectors shall forthwith
proceed to determine such objection and reject or cast such ballot
according to such determination. If the board cannot agree as to the
validity of the ballot it shall set the ballot aside, unopened, for a
period of three days at which time the ballot envelope shall be opened
and the vote counted unless otherwise directed by an order of the court.
(e) Upon completing the casting and canvassing of ballots as hereina-
bove provided for any election district, the central board of inspectors
shall thereupon, as nearly as practicable in the manner provided in this
chapter for absentee AND ON DEMAND ballots, verify the number of ballots
so cast, tally the votes so cast, add such tally to the previous tally
of all votes cast in such election district, and announce the result.
§ 11. Subdivision 1 of section 16-106 of the election law, as amended
by chapter 659 of the laws of 1994, is amended to read as follows:
1. The casting or canvassing or refusal to cast challenged ballots,
blank ballots, void or canvass absentee, ON DEMAND, military, special
federal, federal write-in or emergency ballots and ballots voted in
affidavit envelopes by persons whose registration poll records were not
in the ledger or whose names were not on the computer generated regis-
tration list on the day of election or voters in inactive status, voters
who moved to a new address in the city or county or after they regis-
tered or voters who claimed to be enrolled in a party other than that
shown on their registration poll record or on the computer generated
registration list and the original applications for [a] AN ON DEMAND,
military, special federal, federal write-in, emergency or absentee
voter's ballot may be contested in a proceeding instituted in the
supreme or county court, by any candidate or the chairman of any party
committee, and by any voter with respect to the refusal to cast such
voter's ballot, against the board of canvassers of the returns from such
district, if any, and otherwise against the board of inspectors of
election of such district. If the court determines that the person who
cast such ballot was entitled to vote at such election, it shall order
such ballot to be cast and canvassed if the court finds that ministerial
error by the board of elections or any of its employees caused such
ballot envelope not to be valid on its face.
A. 5492 11
§ 12. Subdivision 4 of section 16-108 of the election law is amended
to read as follows:
4. Such court, justice or judge, in a proceeding instituted by any
voter unlawfully denied an absentee OR ON DEMAND ballot or the applica-
tion therefor, shall compel, by order, the delivery to such voter of a
ballot or application.
§ 13. Subdivision 23 of section 17-130 of the election law, as renum-
bered by chapter 373 of the laws of 1978, is renumbered subdivision 24
and a new subdivision 23 is added to read as follows:
23. INTENTIONALLY OPENS AN ON DEMAND VOTER'S AFFIRMATION ENVELOPE OR
EXAMINES THE CONTENTS THEREOF AFTER THE RECEIPT OF THE ENVELOPE BY THE
BOARD OF ELECTIONS AND BEFORE THE CLOSE OF THE POLLS AT THE ELECTION;
OR,
§ 14. Subdivision 9 of section 17-132 of the election law is renum-
bered subdivision 10 and a new subdivision 9 is added to read as
follows:
9. FRAUDULENTLY SIGNS THE NAME OF ANOTHER UPON AN ON DEMAND VOTER'S
AFFIRMATION ENVELOPE OR AIDS IN DOING OR ATTEMPTING TO DO A FRAUDULENT
ACT IN CONNECTION WITH AN ON DEMAND VOTE CAST OR ATTEMPTED TO BE CAST;
OR,
§ 15. This act shall take effect on the one hundred twentieth day
after it shall have become a law, provided, however, that the state
board of elections shall promulgate any rules and regulations necessary
for the implementation of this act on or before such effective date.