senate Bill S3705

Makes permanent certain provisions of law relating to the use of certain voting machines; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Feb / 2013
    • REFERRED TO ELECTIONS
  • 22 / Apr / 2013
    • 1ST REPORT CAL.370
  • 23 / Apr / 2013
    • 2ND REPORT CAL.
  • 24 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 06 / May / 2013
    • PASSED SENATE
  • 06 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / May / 2013
    • REFERRED TO ELECTION LAW
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 10 / Feb / 2014
    • 1ST REPORT CAL.154
  • 11 / Feb / 2014
    • 2ND REPORT CAL.
  • 26 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 14 / May / 2014
    • PASSED SENATE
  • 14 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 14 / May / 2014
    • REFERRED TO ELECTION LAW

Summary

Makes permanent certain provisions of law relating to the use of certain voting machines.

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Bill Details

See Assembly Version of this Bill:
A7818
Versions:
S3705
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Elections
Laws Affected:
Amd §2, Chap 3 of 2011; amd §7, rpld §§3 & 6, Chap 170 of 2011; amd §8, Chap 359 of 2010

Sponsor Memo

BILL NUMBER:S3705

TITLE OF BILL: An act to amend chapter 3 of the laws of 2011 amending
the election law relating to the number and use of voting machines in
village elections, chapter 170 of the laws of 2011 amending the town law
relating to the types of voting machines used in certain elections and
chapter 359 of the laws of 2010 amending the education law relating to
use of lever voting machines, in relation to making the provisions of
such chapters permanent; and to repeal sections 3 and 6 of chapter 170
of the laws of 2011 amending the town law relating to the types of
voting machines used in certain elections relating thereto

PURPOSE:; To allow for the use of lever voting machines for school
districts, villages and special districts in their respective local
elections permanently.

SUMMARY OF PROVISIONS: Section 1 repeals the sunset date of Chapter 3
of the laws of 2011, allowing villages the ability for continued use of
lever voting machines in their local elections permanently.

Section 2 repeals the sunset date of Chapter 7 of chapter 170 of the
laws of 2011, allowing towns the ability for continued use of level
voting machines in local elections permanently.

Section 3 repeals sections 3 and 6 of Chapter 170 of the laws of 2011,
amending the town law relating to the types of voting machines used in
certain elections,

Section 4 amends section 8 of chapter 359 of the laws of 2010 amending
the education law, allowing school districts the ability for continued
use of level machines in local elections permanently.

Section 5 sets the enacting date.

JUSTIFICATION: There has been an overwhelming preference expressed on
behalf of school districts, villages and special districts to continue
to use lever-style voting machines in local elections. The available
alternatives to the Use of these machines is prohibitive in both cost
and practicality. Paper ballots are difficult and time consuming to hand
count and optical scan machines are not readily accessible and include
the added expenses of programming and printing of ballots.

Chapter 359 of the laws of 2010 and Chapters 3 and 170 of the laws of
2011 offered a solution to authorize the use of lever-style voting
machines as a cost-effective means to continue operating local elections
at reasonable rates. This legislation does not impose any obligation on
the boards of elections to maintain care, custody or control of lever
voting machines or to provide entities with such voting machines for
their elections. This bill will allow for the continuing authorization
to use lever for local elections if such machines are available.

This legislation would provide significant relief to local school
districts, villages and special districts from the Help America Vote Act
(HAVA) mandate that was intended to apply only to Federal Elections that
have higher voter turnout and less annual costs to administer elections
using optical scan voting machines.

LEGISLATIVE HISTORY: The provisions of this bill were previously chap-
tered in Chapter 359 of the laws of 2010, Chapter 3 of the laws of 2011
and Chapter 170 of the laws of 2011. This bill (S.6296) was passed by
the Senate in 2012.

FISCAL IMPLICATIONS: None to the State. Significant cost savings to
local school districts, villages and special districts.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3705

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

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

AN ACT to amend chapter 3 of the laws of 2011 amending the election  law
  relating  to  the  number  and  use  of  voting  machines  in  village
  elections, chapter 170 of the laws  of  2011  amending  the  town  law
  relating to the types of voting machines used in certain elections and
  chapter 359 of the laws of 2010 amending the education law relating to
  use  of lever voting machines, in relation to making the provisions of
  such chapters permanent; and to repeal sections 3 and 6 of chapter 170
  of the laws of 2011 amending the town law relating  to  the  types  of
  voting machines used in certain elections relating thereto

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

  Section 1. Section 2 of chapter 3 of the laws  of  2011  amending  the
election  law  relating  to  the  number  and  use of voting machines in
village elections, as amended by chapter 482 of the  laws  of  2012,  is
amended to read as follows:
  S  2.  This act shall take effect immediately [and shall expire and be
deemed repealed December 31, 2014].
  S 2. Section 7 of chapter 170 of the laws of 2011  amending  the  town
law  relating to the types of voting machines used in certain elections,
as amended by chapter 482 of the laws of 2012, is  amended  to  read  as
follows:
  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,  2014,  when  upon  such  date the provisions of
sections three and six of this act shall take effect].
  S 3. Sections 3 and 6 of chapter 170 of the laws of 2011 amending  the
town  law  relating  to  the  types  of  voting machines used in certain
elections are REPEALED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08845-01-3

S. 3705                             2

  S 4. Section 8 of chapter 359 of the laws of 2010 amending the  educa-
tion  law  relating  to  the use of lever voting machines, as amended by
chapter 482 of the laws of 2012, is amended to read as follows:
  S  8.  This act shall take effect immediately [and shall expire and be
deemed repealed December 31, 2014].
  S 5. This act shall take effect immediately.

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