senate Bill S4088B

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 & 8-100, El L

Sponsor Memo

BILL NUMBER:S4088B

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; and in relation to the date upon
which a run-off primary election is to be held in the city of New York
during the 2013 calendar year; and providing for the repeal of certain
provisions upon the expiration thereof

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 three 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:

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--B
    Cal. No. 371

                       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  -- reported favorably from said committee, ordered to first
  report, amended on first  report,  ordered  to  a  second  report  and
  ordered  reprinted,  retaining its place in the order of second report
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing its place in the order of third reading

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;  and  in  relation to the date upon which a run-off primary
  election is to be held in the city of New York during the 2013  calen-
  dar  year; and providing for the repeal of certain provisions upon the
  expiration thereof

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09741-03-3

S. 4088--B                          2

one  year  each,  voting machines or systems of any type approved by the
state board of elections.  NOTWITHSTANDING ANY OTHER PROVISIONS OF  LAW,
INCLUDING  BUT  NOT LIMITED TO ANY PROVISIONS OF THIS CHAPTER THAT WOULD
RENDER IMPLEMENTATION OF THE AUTHORITY CONFERRED BY THIS SENTENCE INFEA-
SIBLE  OR  IMPRACTICABLE, 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 MUST ALSO PROVIDE A VOTING  SYSTEM  THAT  MEETS
THE  REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDIVISION TWO OF SECTION
7-202 OF THIS TITLE IN EACH POLLING SITE.
  S 2. Paragraph (b) of subdivision 1 of section 8-100 of  the  election
law,  as added by chapter 373 of the laws of 1978, is amended to read as
follows:
  (b) In the event a run-off primary election is required in the city of
New York, it shall be held on the second  Tuesday  next  succeeding  the
date  on which the initial primary election was held; PROVIDED, HOWEVER,
THAT IN THE EVENT THAT A RUN-OFF PRIMARY ELECTION  IS  REQUIRED  IN  THE
CITY  OF  NEW  YORK DURING THE TWO THOUSAND THIRTEEN CALENDAR YEAR, SUCH
ELECTION SHALL BE HELD ON THE THIRD TUESDAY NEXT SUCCEEDING THE DATE  ON
WHICH THE INITIAL PRIMARY ELECTION WAS HELD.
  S 3. This act shall take effect immediately; provided that section two
of this act shall expire and be deemed repealed January 1, 2014.

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.