NY State Senate Bill 2009-S7584

Archive: Last Bill Status Via A10507 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2010	signed chap.359
Aug 03, 2010	delivered to governor
Jun 10, 2010	returned to assembly passed senate
Jun 08, 2010	3rd reading cal.644 substituted for s7584
Jun 08, 2010	substituted by a10507a
May 27, 2010	advanced to third reading
May 26, 2010	2nd report cal.
May 25, 2010	1st report cal.644
Apr 23, 2010	referred to education

Votes

- Jun 10, 2010 - Floor Vote
  A10507
  
  54
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2010
      
      aye (54)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      nay (7)
      
      Griffo
      
      LaValle
      
      Larkin
      
      Marcellino
      
      Nozzolio
      
      Ranzenhofer
      
      Young
      
      excused (1)
      
      Morahan
  May 25, 2010 - Education Committee Vote
  S7584
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 25, 2010
      
      aye (17)
      
      Addabbo Jr.
      
      Breslin
      
      Espada
      
      Flanagan
      
      Foley
      
      Huntley
      
      Johnson
      
      LaValle
      
      Little
      
      Marcellino
      
      Montgomery
      
      Oppenheimer
      
      Padavan
      
      Saland
      
      Seward
      
      Squadron
      
      Stavisky
      
      absent (1)
      
      Serrano
      
      excused (1)
      
      Morahan

2009-S7584 (ACTIVE) - Details

See Assembly Version of this Bill:: A10507
Law Section:: Education Law
Laws Affected:: Amd §§1803, 1803-a, 1951, 2035, 2502 & 2553, Ed L

2009-S7584 (ACTIVE) - Summary

Authorizes use of lever voting machines for school elections.

2009-S7584 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7584

 TITLE :
An act to amend the education law, in relation to use of lever voting
machines and providing for the repeal of such provisions upon
expiration thereof

 PURPOSE :
The bill is intended to address issues that schools face due to the
impending replacement of lever voting machines in 2010 with new voting
machines that meet the requirements of the federal Help America Vote
Act of 2002 and the state Election Reform and Modernization Act of
2005.

 SUMMARY OF PROVISIONS :
Sections 1,2,5,6, and 7 of the bill amends various section of the
education law to provide that voting machines may be used in school
district elections as permitted in Education Law § 2035(1).

Section 3 of the bill amends Education Law § 1951(2)(g) to provide
that the board of cooperative educational services may permit the use
of lever voting machines in elections but that such authority shall
not be construed to require the board of elections to make lever
voting machines available for such elections.

Section 4 of the bill amends Education Law § 2035(1) to provide that

the trustees or board of education of any school district may permit
the use of lever voting machines in elections but that such authority
shall not be construed to require the board of elections to make lever
voting machines available for such elections.

Section 8 of the bill contains the effective date.

 JUSTIFICATION :
Current law allows schools to conduct their elections with paper
ballots or voting machines.  Some schools that use voting machines own
such machines. Others borrow or rent voting machines from the board of
elections. Still others pay a private company to conduct their
elections with voting machines.

However, the federal Help America Voting Act of 2002 (HAVA) requires
that voting machines used in federal elections must "produce a
permanent paper record with a manual audit capacity." The lever voting
machines currently in use in New York State do not produce a permanent
paper record with a manual audit capacity. As a result, the New York
Election Reform and Modernization Act, or ERMA (Chapter 181 of the
Laws of 2005) requires that all lever machines in New York be replaced
by voting machines that, among other things, produce a permanent paper
record with a manual audit capacity. ERMA provides that once the new
machines are in place, the use of lever voting machines will be
prohibited in New York State.

After several years of effort, all of the boards of elections around
the state will permanently replace the lever voting machines with
precinct based optical scan voting machines beginning with the
September 2010 primary election. At that point, schools will no longer
be able to legally use lever voting machines unless they are given
explicit authority to do so. Such authority is feasible because school
district elections, unlike state elections, are not held at the same
time as federal elections which fall under the HAVA mandate.

School districts around the state have expressed an overwhelming
preference to continue using lever voting machines in their elections.
This bill gives school districts that option through December 31,
2012. However, it does not impose any obligation on the boards of
elections to maintain care, custody or control of lever voting
machines or to provide school districts with such voting machines for
their elections. The bill temporarily maintains the status quo with
respect to the options that school districts have to run their
elections, but the board of elections has no obligation to assist a
school that chooses to use lever voting machines after September 2010.
The sunset provisions in the bill will allow a reevaluation of the
situation once the new voting machines have been used in several
election cycles.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None for the boards of elections. Schools that want to use lever
machines will have to obtain such machines at their own expense.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that the
authority to use lever machines will expire on December 31, 2012.

2009-S7584 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7584

                            I N  S E N A T E

                             April 23, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to use  of  lever  voting
  machines  and providing for the repeal of such provisions upon expira-
  tion thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  5 of section 1803 of the education law, as
amended by chapter 461 of the laws  of  1996,  is  amended  to  read  as
follows:
  5.  Votes  upon the adoption of a resolution shall be cast in the same
manner as votes for  the  election  of  school  district  trustees.  The
commissioner  of education may order such modifications in the manner of
voting as are customary for school district elections in  the  community
affected  by such vote. Such modifications may include the use of voting
machines, AS PROVIDED IN SUBDIVISION ONE OF SECTION TWO  THOUSAND  THIR-
TY-FIVE  OF  THIS CHAPTER, and shall include the use of absentee ballots
as provided under section two thousand eighteen-a or two thousand  eigh-
teen-b of this chapter, whichever shall apply.
  S  2.   Subdivision 8 of section 1803-a of the education law, as added
by chapter 236 of the laws of 1979, is amended to read as follows:
  8. The commissioner of education may order such modifications  in  the
manner  of  voting  on  the  resolution  described in subdivision two of
section eighteen hundred three of this [chapter]  ARTICLE  and  for  the
election described in subdivision seven of this section as are customary
in  school  district  elections  in the community affected by such vote.
Such modifications may include the use of voting machines,  AS  PROVIDED
IN  SUBDIVISION ONE OF SECTION TWO THOUSAND THIRTY-FIVE OF THIS CHAPTER,
and the use of nominating petitions.
  S 3. Paragraph g of subdivision 2 of section  1951  of  the  education
law,  as  added  by  chapter 795 of the laws of 1967 and such section as
renumbered by chapter 378 of the laws of 1972, is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09411-06-0

S. 7584                             2

  g.  If  the  board of cooperative educational services shall so deter-
mine, voting machines, INCLUDING LEVER VOTING MACHINES, may be used  for
recording  the vote at such meeting.  Before any such machine is used at
any such meeting, the inspectors of election shall examine  it  and  see
that  all  the counters are set at zero (000) and that the ballot labels
are properly placed, and that the machine is in all respects  in  proper
condition  for use. The use of such machine shall be deemed a compliance
with any provision of law requiring the vote to be by ballot. The  board
of  cooperative  educational  services may purchase the necessary voting
machine or machines; or if the county board of elections  shall  consent
thereto,  such machines belonging to the county or belonging to the town
in which any part of said  board  of  cooperative  educational  services
shall  be located may be used at any such meeting, the expense of deliv-
ery and returning and setting up, and any other expense connected there-
with shall be defrayed by the board of cooperative educational services;
but such machines belonging to the county shall not be so  used  at  the
time or times when they may be required under the election law.  NOTHING
IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE THE BOARD OF ELECTIONS
TO MAINTAIN THE CARE, CUSTODY OR CONTROL OF LEVER VOTING MACHINES.
  S  4.   Subdivision 1 of section 2035 of the education law, as amended
by chapter 571 of the laws of 1958, is amended to read as follows:
  1. If the trustees or board of education of any school district  shall
so  determine,  voting machines, INCLUDING LEVER VOTING MACHINES, may be
used for recording the vote on elections and questions,  or  either,  at
the  school  district  meetings  or  elections,  annual  and special, or
either, in such district.  Before any such machine is used at  any  such
meeting or election, the inspectors of election shall examine it and see
that  all  the counters are set at zero (000) and that the ballot labels
are properly placed, and that the machine is in all respects  in  proper
condition for use.  The use of such machine shall be deemed a compliance
with any provision of law requiring the vote to be by ballot. Such trus-
tees  or board of education, with district funds available, may purchase
the necessary voting machine or machines; or, if  the  county  board  of
elections  shall  consent thereto, such machines belonging to the county
or belonging to the town in which any part of said school district shall
be located, may be used at any such meeting, the expense of delivery and
returning and setting up, and any other expense connected therewith,  to
be  defrayed  by the school district; but such machines belonging to the
county shall not be so used at the  time  or  times  when  they  may  be
required  under  the election law.  NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO REQUIRE THE BOARD OF ELECTIONS TO MAINTAIN THE CARE, CUSTO-
DY OR CONTROL OF LEVER VOTING MACHINES.
  S 5. Paragraph l of subdivision 9 of section  2502  of  the  education
law,  as  added by chapter 65 of the laws of 1972, is amended to read as
follows:
  l. Voting for the election of members of such board of education shall
be by voting machine, AS PROVIDED IN  SUBDIVISION  ONE  OF  SECTION  TWO
THOUSAND  THIRTY-FIVE  OF  THIS  CHAPTER,  and  shall be governed by the
applicable provisions  of  the  election  law  with  respect  to  voting
machines.
  S  6.  Paragraph l of subdivision 9-a of section 2502 of the education
law, as amended by chapter 36 of the laws of 1990, is amended to read as
follows:
  l. Voting for the election of members of such board of education shall
be by voting machine, AS PROVIDED IN  SUBDIVISION  ONE  OF  SECTION  TWO
THOUSAND  THIRTY-FIVE  OF  THIS  CHAPTER,  and  shall be governed by the

S. 7584                             3

applicable provisions  of  the  election  law  with  respect  to  voting
machines;  provided, however, that a single polling place, at a location
within the school district of the city of Rensselaer  specified  by  the
board of education not later than thirty days prior to the annual school
election, shall be utilized.
  S  7.  Paragraph  l of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read  as
follows:
  l. Voting for the election of members of such board of education shall
be  by  voting  machine,  AS  PROVIDED IN SUBDIVISION ONE OF SECTION TWO
THOUSAND THIRTY-FIVE OF THIS CHAPTER,  and  shall  be  governed  by  the
applicable  provisions  of  the  election  law  with  respect  to voting
machines.
  S 8. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2012.

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Senate Bill S7584

Sponsored By

Archive: Last Bill Status Via A10507 - Signed by Governor

Jun 10, 2010 - Floor Vote

Floor Vote: Jun 10, 2010

May 25, 2010 - Education Committee Vote

Education Committee Vote: May 25, 2010

2009-S7584 (ACTIVE) - Details

2009-S7584 (ACTIVE) - Summary

2009-S7584 (ACTIVE) - Sponsor Memo

2009-S7584 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7584

Share this bill

Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status Via A10507 - Signed by Governor

2009-S7584 (ACTIVE) - Details

2009-S7584 (ACTIVE) - Summary

2009-S7584 (ACTIVE) - Sponsor Memo

2009-S7584 (ACTIVE) - Bill Text download pdf

Comments