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

                                  7641

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced by M. of A. P. RIVERA, GALEF, ORTIZ, J. RIVERA -- Multi-Spon-
  sored  by  --  M. of A.  DelMONTE, DIAZ, PERALTA, TOWNS, WEISENBERG --
  read once and referred to the Committee on Election Law

AN ACT to amend the election law, in relation  to  voting  machines  and
  voter  information; to amend the New York city charter, in relation to
  the voters guide; to establish  a  temporary  advisory  commission  on
  voting  by  persons with disabilities; and providing for the repeal of
  certain provisions upon expiration thereof

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

  Section  1.    Section  7-202 of the election law is amended by adding
three new subdivisions 5, 6 and 7 to read as follows:
  5. VOTING MACHINES SHALL PRODUCE AND RETAIN A VOTER VERIFIED PERMANENT
PAPER RECORD WITH A MANUAL AUDIT CAPACITY WHICH SHALL RECORD  EACH  VOTE
TO  BE  CAST  AND  WHICH  SHALL  BE PRESENTED TO THE VOTER FROM BEHIND A
WINDOW OR OTHER DEVICE BEFORE THE BALLOT IS CAST.
  6. ALL VOTING MACHINES SHALL BE EQUIPPED WITH OPTICAL MARK-SENSE SCAN-
NERS.
  7. ALL VOTING MACHINES APPROVED AND PROCURED AFTER THE EFFECTIVE  DATE
OF  THIS SUBDIVISION SHALL BE MANUFACTURED AND CONSTRUCTED AT A MANUFAC-
TURING FACILITY LOCATED IN THIS STATE.
  S 2. Subdivision 1-a of section 8-104 of the election law, as added by
chapter 263 of the laws of 2003, is amended to read as follows:
  1-a. The election inspectors shall conspicuously post in  the  polling
place  before  the  opening  of  the polls, a voter information posting,
which shall include: (a) the sample ballot and instructions for the  use
of  voting  machines required pursuant to section 7-118 of this chapter;
(b) information regarding the date of the election and the hours  during
which  polling  places  will be open; (c) instructions on how to cast an
affidavit ballot and a concise statement of a voter's right  to  such  a
ballot;  (d)  instructions relating to requirements for voting on voting

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10770-01-9
              

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machines by those registrants who must provide  identification  pursuant
to  the  federal  Help  America  Vote  Act of 2002; (e) instructions for
first-time voters; (f) a  voter's  bill  of  rights  describing  voter's
rights  under  applicable  federal and state law, including the right of
accessibility and  alternate  language  accessibility;  (g)  information
pertaining  to  voting  by paper ballot, including information about the
consequence of casting  an  overvote,  steps  to  prevent  unintentional
undervoting  and spoiled ballots; (h) instructions on how to contact the
appropriate officials if a voter's right to vote or right  to  otherwise
participate  in the electoral process has been violated; and (i) general
information on federal and state laws regarding prohibitions on acts  of
fraud   and  misrepresentation.  The  state  board  of  elections  shall
prescribe the form and content of the voter information  posting,  which
may be comprised of one or more pages, provided each page shall be post-
ed  separately. The state board of elections shall prescribe an official
version of such voter  information  posting  for  every  language  which
appears  on  any  general,  primary  or  special  election ballot in any
election district in the state, and for such  other  languages  as  such
board,  in  its  opinion,  determines is appropriate; PROVIDED, HOWEVER,
THAT FOR CITIES HAVING A POPULATION OF ONE MILLION OR  MORE,  THE  STATE
BOARD  OF  ELECTIONS  SHALL  PRESCRIBE  AN OFFICIAL VERSION OF THE VOTER
INFORMATION POSTING IN SPANISH,  KOREAN,  CANTONESE,  MANDARIN,  TOISAN,
CREOLE,  TAGALOG  AND RUSSIAN.  Such posting shall be used in all juris-
dictions, and a separate posting shall be made  by  election  inspectors
for  each  language  appearing  on  the  ballot  and for such additional
languages as the board of elections may require. A  board  of  elections
may  modify  or  supplement  the  voter  information posting used in its
jurisdiction to  provide  additional  or  local  information;  provided,
however,  any such modification or supplementation shall be submitted to
the state board of elections for prior approval.
  S 3. Section 1053 of the New York city charter, as added by a vote  of
the  people  of  the  city  of  New York at the general election held in
November of 1988, is amended to read as follows:
  S 1053. Voters guide. Each voters guide published by the  board  shall
contain:  (a)  material  explaining  the date and hours during which the
polls will be open for that election; when, where, and how  to  register
to  vote; when a citizen is required to reregister; when, where, and how
absentee ballots are obtained and used; instructions  on  how  to  vote;
maps  showing the boundaries of council districts; and any other general
information on voting deemed by the board to be necessary or  useful  to
the  electorate  or otherwise consistent with the goals of this chapter;
(b) such tables of contents, graphics, and  other  materials  which  the
board determines will make the voters guide easier to understand or more
useful  for  the  average  voter;  (c)  biographical information on each
candidate, including but not limited to name, party affiliation, present
and previous public offices held, present occupation and employer, prior
employment and other public service experience, educational  background,
and a listing of major organizational affiliations and endorsements; (d)
concise  statements by each candidate of his or her principles, platform
or views; and (e) where  there  is  a  ballot  proposal  or  referendum,
concise  statements  explaining  such  proposal  or  referendum  and  an
abstract of each  such  proposal  or  referendum.  The  guide  shall  be
prepared  in  plain  language using words with common and everyday mean-
ings. No later than the first day of January of nineteen hundred  eight-
y-nine,  the board shall promulgate such rules as it deems necessary for
the preparation and  publication  of  the  guide  in  English,  Spanish,

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CREOLE,  KOREAN,  CANTONESE,  MANDARIN, TOISAN, TAGALOG, RUSSIAN and any
other languages the board determines to be  necessary  and  appropriate,
and  for  the distribution of the guide. The purpose of such rules shall
be  to  ensure  that the guide and its distribution will serve to fully,
fairly and impartially inform the public about the issues and candidates
appearing on the ballot.
  S 4. Temporary advisory commission on voting by persons with disabili-
ties. (a) A temporary advisory commission  on  voting  by  persons  with
disabilities  shall  be  established  by the state board of elections to
examine, evaluate  and  make  recommendations  concerning  existing  and
evolving  technologies that will provide greater or facilitate access of
persons with disabilities to  voting  and  the  election  process.  Such
commission shall be composed of 15 members, all of whom are persons with
disabilities.  All  members  of the commission shall be appointed by the
state board of elections and shall  be  broadly  representative  of  the
geographic  areas  of  the  state.  A  chair  of the commission shall be
elected by a majority of the members from amongst such members.   Vacan-
cies  in the membership of such commission shall be filled in the manner
provided for original appointments.
  (b) 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.
  (c) 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 pursuant to this section.
  (d)  The commission shall annually, on or before April first, submit a
report to the legislature, governor and state board of elections of  its
findings,  conclusions  and  recommendations. Such reports shall include
such regulatory and legislative proposals as the commission deems neces-
sary to implement its recommendations.
  S 5. This act shall take effect  immediately;  provided  that  section
four of this act shall expire and be deemed repealed April 2, 2015.