senate Bill S4088

Amended

Relates to run-off elections in the city of New York

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 07 / Mar / 2013
    • REFERRED TO ELECTIONS
  • 22 / Apr / 2013
    • 1ST REPORT CAL.371
  • 23 / Apr / 2013
    • AMENDED 4088A
  • 23 / Apr / 2013
    • 2ND REPORT CAL.
  • 24 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 01 / May / 2013
    • AMENDED ON THIRD READING (T) 4088B
  • 06 / May / 2013
    • PASSED SENATE
  • 06 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / May / 2013
    • REFERRED TO ELECTION LAW
  • 17 / Jun / 2013
    • RECALLED FROM ASSEMBLY
  • 17 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Jun / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING (T) 4088C
  • 20 / Jun / 2013
    • SUBSTITUTED BY A7832B

Summary

Relates to run-off elections in the city of New York.

do you support this bill?

Bill Details

Versions:
S4088
S4088A
S4088B
S4088C
Legislative Cycle:
2013-2014
Law Section:
Election Law
Laws Affected:
Amd ยง7-200, El L

Votes

8
0
8
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Elections committee vote details

Sponsor Memo

BILL NUMBER:S4088

TITLE OF BILL: An act to amend the election law, in relation to
authorizing the use of mechanical voting machines for non-federal
elections in the city of New York

PURPOSE: This bill would authorize the New York City Board of
Elections to conduct its non-federal elections using the lever voting
machines.

SUMMARY OF PROVISIONS:

Section one amends subdivision 1 of section 7-200 of the Election Law
to authorize the New York City Board of Elections to prepare, deploy,
and utilize mechanical lever voting machines in and for any
non-Federal elections. If such machines are used, the Board of
Elections must also provide a voting system that meets the
requirements of Election Law section 7-202(2).

Section two provides that this act shall take effect immediately.

EXISTING LAW: Current law restricts the use of mechanical lever
operated machines.

JUSTIFICATION: The bill authorizes the New York City board of
elections to conduct its nonfederal elections using the lever voting
machines.

Since 2010, the board of elections of the City of New York has
conducted its elections on new electronic voting machines. These
machines were purchased under a mandate from the federal government
requiring New York to replace its lever voting machines for federal
elections.

The lever voting machines had been successfully used in New York for
over one hundred years. The lever machines have proven reliable and
easy for voters to use.

This year, the City of New York faces the prospect of three elections
over a two month period, the primary, a run-off primary, and the
general election. The offices up for election this year include the
Mayors City Comptroller, Public Advocate, Borough President and all of
the city Council seats. The experience that the City has endured since
the introduction of the electronic voting systems indicates that the
new system will not allow for the orderly conduct of the election
particularly if there needs to be run-off primary pursuant to election
law section 6-162. The time required to properly test the electronic
machines makes the two-week window between these two primaries almost
impossible to comply with. This is particularly true in the event the
run-off candidates are not readily discernible on the day after the
primary election, a scenario that is likely to occur. The use of the
lever voting machines will expedite the canvass of the votes cast at
the primary election and will markedly reduce the number of paper
ballots that would need to be hand canvassed. It is a very real
possibility that the use of the paper ballots with the scanners could


result in a hand count of one or more of the contests, a scenario that
would make the run-off impossible to hold in the required time frame.

In addition, the ballots on the new voting systems are creating many
readability problems for voters. The names of the candidates and the
other information on the ballots are in such small print that the
voters are not able to read the ballot or understand where they need
to mark the ballot.

The voters' familiarity with the lever voting machines, their ease of
use, and their reliability all dictate the need to allow the City
board of elections the ability to use these machines for this most
important election this fall. The City simply cannot risk the
possibility that the new voting systems will fail to provide a full
and fair election. This bill gives the City the necessary authority to
use a voting process that has proven to work in the past and alleviate
what could be an unnecessarily chaotic election.

In order to accommodate the disabled voters, the bill mandates that if
the board of elections chooses to use the lever voting machines, they
must also have each polling pace outfitted with a voting machine
designed to allow voting by disabled voters. These voting systems,
already owned and used by the board of elections, will ensure that our
disabled community is provided with accessible voting machines.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: It is the sponsors understanding that the use of
the mechanical lever voting machines will save the City of New York a
significant amount of money.

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
________________________________________________________________________

                                  4088

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  LANZA,  FELDER -- read twice and ordered
  printed, and  when  printed  to  be  committed  to  the  Committee  on
  Elections

AN  ACT to amend the election law, in relation to authorizing the use of
  mechanical voting machines for non-federal elections in  the  city  of
  New York

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

  Section 1. Subdivision 1 of section 7-200  of  the  election  law,  as
amended  by  chapter  181  of  the  laws  of 2005, is amended to read as
follows:
  1. The board of elections of the city of New  York  and  other  county
boards  of  elections  may  adopt  any  kind of voting machine or system
approved by the state board of elections, or the use of which  has  been
specifically  authorized  by  law;  and thereupon such voting machine or
system may be used at any or all elections and  shall  be  used  at  all
general  or  special elections held by such boards in such city, town or
village and in every contested primary election in the city of New  York
and  in every contested primary election outside the city of New York in
which there are one thousand or more enrolled voters qualified to  vote.
No  more than two types of voting machines or systems may be used by any
local board of elections at a single election. Notwithstanding the other
provisions of this subdivision, any local board of elections may  borrow
or  lease for use on an experimental basis for a period of not more than
one year each, voting machines or systems of any type  approved  by  the
state  board of elections.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW,
THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK IS HEREBY  AUTHORIZED  TO
PREPARE,  DEPLOY AND UTILIZE MECHANICAL LEVER VOTING MACHINES IN AND FOR
ANY NON-FEDERAL ELECTIONS CONDUCTED PURSUANT TO SECTION  8-100  OF  THIS
CHAPTER.  SHOULD  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK UTILIZE
SUCH MECHANICAL LEVER VOTING MACHINES IN ANY SUCH  ELECTION,  THE  BOARD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09741-01-3

S. 4088                             2

MUST  ALSO PROVIDE A VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF SUBDI-
VISION TWO OF SECTION 7-202 OF THIS TITLE IN EACH POLLING SITE.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.