This bill amends the existing law regarding the disposal of external memory devices from electronic ballot counting devices. It mandates that the external storage devices of electronic ballot counting devices that capture digital images must be disposed of in the same manner as ballots, absentee ballot applications, affidavit envelopes, and lists. Conversely, the bill specifies that the storage devices of electronic ballot counting devices that do not capture digital images shall not be disposed of in the same manner as these election materials.

The bill also clarifies the retention schedule for these external storage devices, stating that they must be kept by the town clerk until the contest is settled and all appeals have expired, or for a minimum of 22 months after federal elections and 60 days after non-federal elections, whichever period is longer. Additionally, it notes that extra electronic ballot counting device external storage devices that were programmed but not used during the election are exempt from preservation. The act will take effect 60 days after its passage.

Statutes affected:
Introduced: 33-A:3-a
As Amended by the House: 33-A:3-a
HB1298 text: 33-A:3-a