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A06589 Summary:

BILL NOA06589A
 
SAME ASSAME AS S00286-A
 
SPONSORGalef
 
COSPNSRAbinanti, Dinowitz, Rosenthal L, Simon, Gottfried
 
MLTSPNSR
 
Amd §3-222, El L
 
Relates to making electronic ballot images and cast vote records public records of the board of elections upon request.
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A06589 Actions:

BILL NOA06589A
 
03/19/2021referred to election law
04/28/2021amend and recommit to election law
04/28/2021print number 6589a
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A06589 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6589A
 
SPONSOR: Galef
  TITLE OF BILL: An act to amend the election law, in relation to availability of elec- tronic ballot images   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require that within a week of an election, the Board of Elections shall make available to the public, upon request, electronic ballot images.   SUMMARY OF PROVISIONS: Section 1. Subdivision 1 of section 3-222 of the Election Law is amended. (i) Replaces `electronic media' with 'memory card or other similar electronic media'. (ii) Adds the following language, "the elec- tronically rendered image of each cast ballot produced by each ballot scanner used at an election and the cast vote record that shows how the ballot image was interpreted shall be copied from the memory cards or other similar electronic media by the board of elections no later than one week after such election, and such copied electronic images of cast ballots shall be public records of the board of elections available upon request." Section 2. Establishes the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Besides just the electronically rendered image of each cast ballot, it adds the cast vote record that shows how the ballot image was interpret- ed to what shall be copied from the memory card or similar electronic media.   JUSTIFICATION: Currently, memory cards or other similar electronic media must remain sealed against reuse until it preserved. However, the information stored on such memory card or other similar electronic media may be examined upon the order of any court or judge of competent jurisdiction, or at the direction of a committee of the senate or assembly to report upon contested elections of members of the legislature. This bill goes a step further in stating that the electronically rendered images shall be copied from the memory cards or other similar electronic media by the Board of Elections no later than one week after such election and shall become public records, available upon request.   PRIOR LEGISLATIVE HISTORY: S. 286 of 2019/2020   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: There are no fiscal implications associated with the passage of this legislation.   EFFECTIVE DATE: This act shall take effect immediately.
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A06589 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6589--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 19, 2021
                                       ___________
 
        Introduced  by M. of A. GALEF, ABINANTI -- read once and referred to the
          Committee on Election  Law  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the election law, in relation to availability of elec-
          tronic ballot images

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section 3-222 of the election law, as
     2  amended by chapter 169 of the laws  of  2011,  is  amended  to  read  as
     3  follows:
     4    1.  Except  as  hereinafter  provided, removable memory cards or other
     5  similar electronic media shall remain sealed against  reuse  until  such
     6  time  as  the  information  stored on such media has been preserved in a
     7  manner consistent with procedures developed and distributed by the state
     8  board of elections. Provided, however, that: (i) the information  stored
     9  on  such  memory card or other similar electronic media and all the data
    10  and figures therein may be examined upon the order of any court or judge
    11  of competent jurisdiction or may be  examined  at  the  direction  of  a
    12  committee  of  the  senate  or  assembly  to investigate and report upon
    13  contested elections of members of the legislature voted for by  the  use
    14  of  voting  machines  utilizing  such electronic media and such data and
    15  such figures examined by such committee in the presence of  the  officer
    16  having the custody of voting machines and electronic media; and (ii) the
    17  electronically  rendered  image  of  each  cast  ballot produced by each
    18  ballot scanner used at an election and the cast vote record  that  shows
    19  how  the  ballot  image  was interpreted shall be copied from the memory
    20  cards or other similar electronic media by the  board  of  elections  no
    21  later  than  one  week  after  such election, and such copied electronic
    22  images of cast ballots and the cast vote records shall be public records
    23  of the board of elections available upon request.
    24    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02380-03-1
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