S T A T E O F N E W Y O R K
________________________________________________________________________
7469
2011-2012 Regular Sessions
I N A S S E M B L Y
May 5, 2011
___________
Introduced by M. of A. SCHIMEL -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the town law, in relation to the types of voting
machines used in certain elections; and providing for the repeal of
certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 212 of the town law, as amended by chapter 421 of
the laws of 2008, is amended to read as follows:
S 212. Annual election and notice thereof. The district commissioners
of such improvement district shall publish at the expense of the
district the notice of each election of improvement district commission-
ers held pursuant to this article. Such notice shall be published at
least once in one or more newspapers having general circulation in the
district and the first publication thereof shall be at least twenty days
before the day of such election. The notice of annual election shall
specify the time when and the place or places where such election shall
be held and the hours during which the polls will be open for the
receipt of ballots. Notice of such election shall also be posted on the
websites of the district and the town in which the district is located,
if such websites are maintained, on the signboard of the town, and
conspicuously posted in three or more designated public locations within
the district, on or about the day on which such notice is published.
Such election shall be held at a suitable place or places within the
district designated by the district commissioners and the polls shall
remain open from six o'clock in the evening until nine o'clock in the
evening and such additional consecutive hours prior thereto as the
district commissioners may determine and specify in the notice of such
election. The board of commissioners of such district shall designate
for each district election not less than two nor more than four resident
taxpayers to act as election inspectors and ballot clerks for each
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10730-04-1
A. 7469 2
designated polling place. The board of commissioners shall fix the
compensation of such election inspectors and ballot clerks in an amount
not to exceed ten dollars per hour each for every hour or part thereof
of such service and such compensation shall be a charge against the
district. The board of commissioners shall cause to be prepared the
ballots for all elections, and may authorize the use of voting machines
[approved by the secretary of state], INCLUDING LEVER VOTING MACHINES,
at any annual or special election of the district. WHEN USING VOTING
MACHINES AS DESCRIBED IN ARTICLE SEVEN OF THE ELECTION LAW, SUCH VOTING
MACHINES SHALL BE USED in accordance with THE PROVISIONS CONTAINED IN
article nine of the election law. PROVIDED, HOWEVER, THAT NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE BOARD OF ELECTIONS TO
MAINTAIN THE CARE, CUSTODY OR CONTROL OF LEVER VOTING MACHINES. After
the polls shall have been closed at any election, the election inspec-
tors and ballot clerks at each polling place shall immediately canvass
the ballots cast and shall publicly announce the result of the vote at
that polling place. Within twenty-four hours the chairman of the board
of commissioners, election inspectors and ballot clerks shall execute
and file a certificate of the result of the canvass with the board of
commissioners of the improvement district and with the clerk of the town
in which said district is located.
S 2. Subdivision 29 of section 176 of the town law, as added by chap-
ter 568 of the laws of 1949, is amended to read as follows:
29. May authorize the use of voting machines, INCLUDING LEVER VOTING
MACHINES, at any annual or special election held within the fire
district [and]. WHEN USING VOTING MACHINES AS DESCRIBED IN ARTICLE SEVEN
OF THE ELECTION LAW, such voting [machine] MACHINES shall be used in
accordance with the provisions contained in article nine of the election
law. PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO REQUIRE THE BOARD OF ELECTIONS TO MAINTAIN THE CARE, CUSTODY OR
CONTROL OF LEVER VOTING MACHINES.
S 3. Section 212 of the town law, as amended by chapter 421 of the
laws of 2008, is amended to read as follows:
S 212. Annual election and notice thereof. The district commissioners
of such improvement district shall publish at the expense of the
district the notice of each election of improvement district commission-
ers held pursuant to this article. Such notice shall be published at
least once in one or more newspapers having general circulation in the
district and the first publication thereof shall be at least twenty days
before the day of such election. The notice of annual election shall
specify the time when and the place or places where such election shall
be held and the hours during which the polls will be open for the
receipt of ballots. Notice of such election shall also be posted on the
websites of the district and the town in which the district is located,
if such websites are maintained, on the signboard of the town, and
conspicuously posted in three or more designated public locations within
the district, on or about the day on which such notice is published.
Such election shall be held at a suitable place or places within the
district designated by the district commissioners and the polls shall
remain open from six o'clock in the evening until nine o'clock in the
evening and such additional consecutive hours prior thereto as the
district commissioners may determine and specify in the notice of such
election. The board of commissioners of such district shall designate
for each district election not less than two nor more than four resident
taxpayers to act as election inspectors and ballot clerks for each
designated polling place. The board of commissioners shall fix the
A. 7469 3
compensation of such election inspectors and ballot clerks in an amount
not to exceed ten dollars per hour each for every hour or part thereof
of such service and such compensation shall be a charge against the
district. The board of commissioners shall cause to be prepared the
ballots for all elections, and may authorize the use of voting machines
[approved by the secretary of state] at any annual or special election
of the district in accordance with article nine of the election law.
After the polls shall have been closed at any election, the election
inspectors and ballot clerks at each polling place shall immediately
canvass the ballots cast and shall publicly announce the result of the
vote at that polling place. Within twenty-four hours the chairman of the
board of commissioners, election inspectors and ballot clerks shall
execute and file a certificate of the result of the canvass with the
board of commissioners of the improvement district and with the clerk of
the town in which said district is located.
S 4. Subdivisions 12 and 13 of section 213-b of the town law, as added
by chapter 400 of the laws of 1985, are amended to read as follows:
12. If the inspectors of election shall have received an envelope, and
upon opening the same no ballot shall be found therein, the inspectors
shall make a memorandum showing that the ballot is missing. When the
casting of absentee voters' ballots shall have been completed, the
inspectors shall ascertain the number of such ballots 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 separate return
thereof in duplicate. The number of absentee voters' ballots deposited
in the ballot box shall be added to the number of other ballots deposit-
ed in the ballot box in order to determine the number of all ballots to
be accounted for in the ballot box. Such ballots shall then be counted
or canvassed by the inspectors of election along with the other ballots
cast at such district election, or, where voting machines are used, AS
PROVIDED IN SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, shall be added
to the votes recorded on such machines.
13. The provisions of this section shall apply to absentee ballots at
improvement district elections, notwithstanding any other provision of
law. The provisions of any other law as they relate to improvement
district elections not inconsistent herewith shall apply to the conduct
of such elections. PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO REQUIRE THE BOARD OF ELECTIONS TO MAINTAIN THE CARE,
CUSTODY OR CONTROL OF LEVER VOTING MACHINES.
S 5. Subdivisions 4 and 12 of section 175-b of the town law, as
amended by chapter 401 of the laws of 1996, are amended to read as
follows:
4. Ballots for absentee voters shall be, as nearly as practicable, in
the same form as those to be voted at the district election; if the vote
at such election shall be by ballot, the absentee ballot shall conform
to that part of the regular ballot which relates to the election of
district members; if the vote of such election shall be by voting
machine, PURSUANT TO SUBDIVISION TWENTY-NINE OF SECTION ONE HUNDRED
SEVENTY-SIX OF THIS ARTICLE, the absentee ballot shall [conform as
closely as possible to the manner in which the names of the candidates
appear on the voting machines, except that the absentee ballot shall
also contain a space for a write-in or write-ins] BE, AS NEARLY PRACTI-
CABLE, IN THE SAME FORM AS THOSE TO BE VOTED IN THE DISTRICT ON ELECTION
DAY AND SHALL CONTAIN A SPACE FOR A WRITE-IN OR WRITE-INS. On the back
of such absentee ballots shall be printed the words "Official Ballot,
Absentee Voter," followed by the words "For Officers of fire district."
A. 7469 4
12. If the election inspectors shall have received an envelope, and
upon opening the same no ballot shall be found therein, the election
inspectors shall make a memorandum showing that the ballot is missing.
When the casting of absentee voters' ballots shall have been completed,
the election inspectors shall ascertain the number of such ballots 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 sepa-
rate return thereof in duplicate. The number of absentee voters' ballots
deposited in the ballot box shall be added to the number of other
ballots deposited in the ballot box in order to determine the number of
all ballots to be accounted for in the ballot box. Such ballots shall
then be counted or canvassed by the election inspectors along with the
other ballots cast at such district election, or, where voting machines
are used[,] PURSUANT TO SUBDIVISION TWENTY-NINE OF SECTION ONE HUNDRED
SEVENTY-SIX OF THIS ARTICLE, SUCH BALLOTS shall be added to the votes
recorded on such machines.
S 6. Subdivision 4 of section 175-b of the town law, as amended by
chapter 401 of the laws of 1996, is amended to read as follows:
4. Ballots for absentee voters shall be, as nearly as practicable, in
the same form as those to be voted at the district election; if the vote
at such election shall be by ballot, the absentee ballot shall conform
to that part of the regular ballot which relates to the election of
district members; if the vote of such election shall be by voting
machine, the absentee ballot shall [conform as closely as possible to
the manner in which the names of the candidates appear on the voting
machines, except that the absentee ballot shall also contain a space for
a write-in or write-ins] BE, AS NEARLY PRACTICABLE, IN THE SAME FORM AS
THOSE TO BE VOTED IN THE DISTRICT ON ELECTION DAY AND SHALL CONTAIN A
SPACE FOR A WRITE-IN OR WRITE-INS. On the back of such absentee ballots
shall be printed the words "Official Ballot, Absentee Voter," followed
by the words "For Officers of fire district."
S 7. This act shall take effect immediately provided, however, that
sections one, two, four and five of this act shall expire and be deemed
repealed December 31, 2012, when upon such date the provisions of
sections three and six of this act shall take effect.