S T A T E O F N E W Y O R K
________________________________________________________________________
3465
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Election Law
AN ACT to create a temporary state commission on the electoral process
and to provide for the making of grants by the state board of
elections to local boards of election for the improvement of the elec-
toral process and making an appropriation therefor; and providing for
the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. A temporary state commission on the electoral process is
hereby created to examine, evaluate, and make recommendations pertaining
to the electoral process, with particular focus on the procedures
involved in the conduct of the process of voting at polling places. The
commission shall direct its attention to the availability, feasibility,
and reliability of new technologies for the conduct of voting.
S 2. The commission shall consist of 13 members, each to serve for a
term of 2 years, to be forthwith appointed as follows: 2 shall be
appointed by the temporary president of the senate and 1 by the minority
leader of the senate; 2 shall be appointed by the speaker of the assem-
bly and 1 by the minority leader of the assembly; 7 shall be appointed
by the governor. The appointees shall be broadly representative of the
geographic areas of the state. No more than 4 appointees shall be legis-
lators. The governor shall designate the chair and vice chair from among
his or her appointees. Vacancies in the membership of the commission and
among its officers shall be filled in the manner provided for original
appointments.
S 3. The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of its functions and fix
their compensation within the amounts made available therefor.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06863-01-9
A. 3465 2
S 4. The commission may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative commit-
tee pursuant to the legislative law.
S 5. The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
S 6. To the maximum extent feasible, the commission shall be entitled
to request and receive and shall utilize and be provided with such
facilities, resources, and data of any court, department, division,
board, bureau, commission, or agency of the state or any political
subdivision thereof as it may reasonably request to carry out properly
its powers and duties hereunder.
S 7. The commission shall make a preliminary report to the governor
and the legislature of its findings, conclusions, and recommendations
not later than July 1, 2010 and a final report of its findings, conclu-
sions, and recommendations not later than January 1, 2011, and shall
submit with its reports such legislative proposals as it deems necessary
to implement its recommendations.
S 8. Within the amounts appropriated therefor, the state board of
elections shall make grants to local boards of elections for the follow-
ing purposes:
a. To increase the numbers and improve the training of election
inspectors and other poll workers;
b. To improve procedures for the testing, maintenance, and repair of
voting machines;
c. To enhance the implementation of the National Voter Registration
Act of 1993;
d. To improve compliance with the Americans with Disabilities Act
insofar as such act applies to voting; and
e. To improve the application and enforcement of laws pertaining to
eligibility of students to register and vote in the jurisdictions in
which they attend an institution of higher education.
In making such grants the state board of elections shall give priority
to jurisdictions according to the volume of complaints and known prob-
lems.
S 9. The sum of twenty-five million dollars ($25,000,000), or so much
thereof as may be necessary, is hereby appropriated to the state board
of elections from any moneys in the state treasury in the general fund
to the credit of the local assistance account, not otherwise appropri-
ated, for the purposes of carrying out the provisions of section eight
of this act. Such sum shall be payable on the audit and warrant of the
state comptroller on vouchers certified or approved by the state board
of elections, or its duly designated representative in the manner
provided by law. No expenditure shall be made from this appropriation
until a certificate of approval of availability shall have been issued
by the director of the budget and filed with the state comptroller and a
copy filed with the chair of the senate finance committee and the chair
of the assembly ways and means committee. Such certificate may be
amended from time to time by the director of the budget and a copy of
each such amendment shall be filed with the state comptroller, the chair
of the senate finance committee and the chair of the assembly ways and
means committee.
S 10. This act shall take effect immediately; provided that sections
one through seven of this act shall remain in effect until January 1,
2011, when upon such date such sections shall expire and shall be deemed
repealed.