Senate Bill S1059

2009-2010 Legislative Session

Provides for the implementation of paper ballot only technology including optical scanners and accessible ballot marking devices; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee


  • 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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2009-S1059 (ACTIVE) - Details

Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§7-106, 7-110, 7-118, 7-121, 8-310 & 8-312, rpld §§7-120, 7-130, 8-308 & Art 7 title 2, rpld & add §7-104, El L

2009-S1059 (ACTIVE) - Summary

Provides for the implementation of paper ballot only technology including optical scanners and accessible ballot marking devices; repeals provisions relating to voting machines.

2009-S1059 (ACTIVE) - Sponsor Memo

2009-S1059 (ACTIVE) - Bill Text download pdf

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

                                  1059

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- 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 implementing  a  state-
  wide  voting  system using paper ballots, precinct-based optical scan-
  ners and ballot marking devices for voters with special needs; and  to
  repeal certain provisions of such law relating to voting machines

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

  Section 1. Subdivision 1 of section  7-106  of  the  election  law  is
amended to read as follows:
  1.  Paper ballots shall be printed on paper of a quality, size, color,
and weight approved by the state board of elections UNDER  THE  REQUIRE-
MENTS OF THE HELP AMERICA VOTE ACT OF 2002 (HAVA) P.L. 107-252.
  S  2.  Section 7-104 of the election law is REPEALED and a new section
7-104 is added to read as follows:
  S 7-104. OPTICAL  SCANNERS;  ACCESSIBLE  BALLOT  MARKING  DEVICES.  1.
EVERY  ELECTION  DISTRICT  SHALL PROVIDE FOR AN OPTICAL BASED SCANNER TO
PROVIDE PROTECTION AGAINST OVERVOTES AND UNDERVOTES. AFTER A  VOTER  HAS
COMPLETED MARKING HIS OR HER BALLOT IN ACCORDANCE WITH THE PROVISIONS OF
THIS CHAPTER THE PAPER BALLOT SHALL BE INSERTED INTO THE OPTICAL SCANNER
TO  EITHER  ACCEPT  OR  REJECT THE BALLOT. WHERE A BALLOT IS ACCEPTED IT
SHALL BE SECURED IN A LOCKED STORAGE BOX AND HELD BY  ELECTION  DISTRICT
OFFICIALS  AS  SET  FORTH IN THIS CHAPTER. WHERE A BALLOT IS REJECTED BY
THE OPTICAL SCANNER THE VOTER SHALL BE GIVEN THE OPPORTUNITY TO  CORRECT
THE  BALLOT.  IN  THE  CASE OF AN OVERVOTE THE VOTER SHALL RECEIVE A NEW
BALLOT AND IN THE CASE OF AN UNDERVOTE THE VOTER MAY CORRECT HIS OR  HER
BALLOT.  IF A VOTER SHALL DECLINE TO CORRECT ANY UNDERVOTE ERRORS ON HIS
OR HER BALLOT IT SHALL BE SECURED AS OTHERWISE PROVIDED IN THIS SECTION.
  2. EVERY ELECTION DISTRICT SHALL  PROVIDE  ACCESSIBLE  BALLOT  MARKING
DEVICES  FOR  USE  BY  DISABLED  VOTERS. SUCH DEVICES SHALL INCLUDE FULL
ACCESSIBILITY FEATURES INCLUDING AUDIO INTERFACE, SIP/PUFF INPUT, MULTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06334-01-9
              

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