Assembly Bill A8692C

Signed By Governor

2009-2010 Legislative Session

Relates to the creation of election districts and deployment of voting systems; repealer

download bill text pdf

Archive: Last Bill Status Via S5447 - Signed by Governor

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 17, 2010	signed chap.512
Sep 07, 2010	delivered to governor
Jun 28, 2010	returned to senate passed assembly ordered to third reading cal.765 substituted for a8692c
Jun 28, 2010	substituted by s5447c
May 10, 2010	amended on third reading 8692c
Apr 08, 2010	advanced to third reading cal.765 reported
Mar 29, 2010	print number 8692b
Mar 29, 2010	amend (t) and recommit to election law
Mar 25, 2010	print number 8692a
Mar 25, 2010	amend (t) and recommit to election law
Jan 06, 2010	referred to election law
Jun 15, 2009	ordered to third reading rules cal.263 rules report cal.263 reported
Jun 10, 2009	reported referred to rules
Jun 03, 2009	referred to election law

Votes

- Jun 1, 2010 - Floor Vote
  S5447
  
  Aye
  
  32
  
  Nay
  
  29
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 1, 2010
      
      aye (32)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (29)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Apr 13, 2010 - Elections Committee Vote
  S5447
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Elections Committee Vote: Apr 13, 2010
      
      aye (4)
      
      Addabbo Jr.
      
      Dilan
      
      Foley
      
      Serrano
      
      nay (1)
      
      Libous
      
      aye wr (1)
      
      Griffo
      
      excused (1)
      
      Morahan

Bill Amendments

co-Sponsors

2009-A8692 - Details

See Senate Version of this Bill:: S5447
Law Section:: Election Law
Laws Affected:: Amd §§4-100 & 4-104, rpld §4-100 sub 6, El L

2009-A8692 - Summary

Relates to consolidation of election districts; provides that deployment of voting systems, election workers and election resources shall be in sufficient number to accommodate the numbers of voters eligible to vote in such polling place.

2009-A8692 - Sponsor Memo

                                BILL NUMBER:A8692

TITLE  OF  BILL:    An act to amend the election law, in relation to the
alteration of election districts by  the  board  of  elections;  and  to
repeal certain provisions of such law relating thereto

PURPOSE  OR  GENERAL  IDEA  OF BILL: The bill is intended to provide the
boards of elections flexibility regarding election districts to capital-
ize on the features and capabilities of the new  voting  machines  which
will  replace the existing voting machines and to ensure that poll sites
have adequate space.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 of the bill repeals  election
law  §  4-100(6)  which  allows  a  board of elections to alter election
district lines when a legislative body of a town or city fails to do  so
and grants the boards of elections the authority to create, consolidate,
divide or alter election districts.

Section  2  of the bill provides a one time waiver of the prohibition on
consolidating election districts between February twentieth of a  calen-
dar year ending in seven and December first of a calendar year ending in
zero,  provided that the outer boundary or perimeter of the consolidated
districts is not altered.

Section 3 of the bill provides that  polling  places  using  new  voting
machines  or  systems may contain more than 1 election district provided

that such voting machine or system produces separate and  distinct  vote
totals for each election district.

Section  4  of  the bill provides that a poll site must be of sufficient
size to accommodate voting machines and privacy booths  as  required  by
state  board  of  elections rules and regulations. It also provides that
the number of voting machines, election workers and  election  resources
must  be sufficient to accommodate the number of voters eligible to vote
in such poll site.

Section 5 of the bill is the effective date.

JUSTIFICATION:  In 2005, the election law was amended  to  provide  that
the  boards  of  elections  throughout  the  state assume possession and
ownership of all voting machines and that  such  boards  designate  poll
site  locations.  In 2009 and 2010, New York State will be replacing the
existing mechanical voting machines with electronic voting machines that
comply with the Help America Vote Act and recently  enacted  state  law.
This  bill is intended to balance the desire to keep costs down with the
efficient and orderly administration of elections.

The new machines have features and capabilities, such as the ability  to
tabulate multiple official ballots that the current machines do not. The
bill  allows  the use of one machine for more than one election district
provided it produces separate and  distinct  totals  for  each  election
district.  The  boards  of  elections  should  be given the authority to

create, consolidate, divide or alter election districts, in addition  to
picking  the  poll  sites,  to  best utilize the new machines. The other
provision in the bill, the I time waiver, is also  intended  to  reflect
the capabilities of the new machines and provide flexibility as New York
makes  the  transition  to  new  voting  machines.  Finally, in order to
prevent drastic cost cutting measures that could render elections chaot-
ic or slow, the bill requires that sufficient  space,  voting  machines,
election  workers  and resources be provided to accommodate those voters
that are eligible to vote at a poll site.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATION:  This bill would allow the boards  of  elections  to
better  utilize  their  voting  machines  and reduce the cost of running
elections.

EFFECTIVE DATE:  This act shall take effect immediately.

2009-A8692 - Bill Text download pdf

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

                                  8692

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Election Law

AN ACT to amend the election law,  in  relation  to  the  alteration  of
  election  districts  by  the board of elections; and to repeal certain
  provisions of such law relating thereto

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

  Section  1.  Subdivision  6  of  section  4-100 of the election law is
REPEALED and subdivision 2 of section 4-100  of  the  election  law,  is
amended to read as follows:
  2.  The  creation,  consolidation,  division or alteration of election
districts shall be done by the [legislative body of  the  city  or  town
within  which the election district is contained except in the cities of
Buffalo and New York and the counties of Monroe, Nassau, and Suffolk. In
the cities of Buffalo and New York, and the counties of  Monroe,  Nassau
and  Suffolk,  and  for  any other town or city, upon the request of its
legislative body, the creation, consolidation, division or alteration of
election districts shall be done by the] board of elections.
  S  2.  Notwithstanding  the  prohibition  on  consolidating   election
districts  between  February 20th of a calendar year ending in seven and
December 1st of a calendar year ending in zero, as provided in  subdivi-
sion  5  of  section  4-100  of  the  election law, two or more election
districts may be consolidated one time on or before February  15,  2010,
provided  however,  that  the outer boundary or perimeter of the consol-
idated election districts shall not be altered.
  S 3. Subdivision 5 of section 4-104 of the election law is amended  by
adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, POLLING PLAC-
ES  DESIGNATED FOR ANY ONE SUCH ELECTION DISTRICT THAT WILL BE UTILIZING
ANY VOTING MACHINE OR SYSTEM AUTHORIZED PURSUANT TO SUBDIVISION FOUR  OF
SECTION  7-201 OF THIS CHAPTER OR CERTIFIED AFTER APRIL FIRST, TWO THOU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09410-05-9

A. 8692                             2

SAND NINE, FOR USE IN NEW YORK STATE PURSUANT  TO  CHAPTER  ONE  HUNDRED
EIGHTY-ONE OF THE LAWS OF TWO THOUSAND FIVE, MAY BE THE POLLING PLACE OF
ANY OTHER DISTRICT OR DISTRICTS, PROVIDED THE VOTING SYSTEM USED IN SUCH
POLLING  PLACE  PRODUCES  SEPARATE  AND  DISTINCT  VOTE  TOTALS FOR EACH
ELECTION DISTRICT VOTING IN SUCH POLLING PLACE ON SUCH VOTING MACHINE OR
SYSTEM.
  S 4. Subdivision 6 of section 4-104 of the election law is amended  to
read as follows:
  6. Each polling place designated, whenever practicable, shall be situ-
ated  on  the main or ground floor of the premises selected. It shall be
of sufficient area to admit and comfortably accommodate [at  least  ten]
voters  [at  one  time  and  to  allow for the placement in such meeting
place, of booths, furniture  and  equipment,  as  provided  by  law]  IN
NUMBERS  CONSISTENT  WITH  THE  DEPLOYMENT OF VOTING SYSTEMS AND PRIVACY
BOOTHS, PURSUANT TO NYCRR TITLE 9,  SUBTITLE  V,  PART  6210.19.    SUCH
DEPLOYMENT  OF  VOTING  SYSTEMS, ELECTION WORKERS AND ELECTION RESOURCES
SHALL BE IN A SUFFICIENT NUMBER TO ACCOMMODATE  THE  NUMBERS  OF  VOTERS
ELIGIBLE TO VOTE IN SUCH POLLING PLACE.
  S 5. This act shall take effect immediately.

co-Sponsors

2009-A8692A - Details

See Senate Version of this Bill:: S5447
Law Section:: Election Law
Laws Affected:: Amd §§4-100 & 4-104, rpld §4-100 sub 6, El L

2009-A8692A - Summary

2009-A8692A - Sponsor Memo

                                BILL NUMBER:A8692A

TITLE  OF  BILL:    An act to amend the election law, in relation to the
alteration of election districts by the board of elections

PURPOSE OR GENERAL IDEA OF BILL: The bill is  intended  to  provide  the
boards of elections flexibility regarding election districts to capital-
ize  on  the  features and capabilities of the new voting machines which
will replace the existing voting machines and to ensure that poll  sites
have, adequate space.

SUMMARY  OF  SPECIFIC PROVISIONS: Section 1 of the bill repeals election
law § 4-100(6) which allows a  board  of  elections  to  alter  election
district  lines when a legislative body of a town or city fails to do so
and grants the boards of elections the authority to create, consolidate,
divide or alter election districts.

Section 2 of the bill provides that  polling  places  using  new  voting
machines  or  systems may contain more than 1 election district provided
that such voting machine or system produces separate and  distinct  vote
totals for each election district.

Section  3  of  the bill provides that a poll site must be of sufficient
size to accommodate voting machines and privacy booths  as  required  by
state  board  of  elections rules and regulations. It also provides that
the number of voting machines, election workers and  election  resources

must  be sufficient to accommodate the number of voters eligible to vote
in such poll site.

Section 4 of the bill is the effective date.

JUSTIFICATION: In 2005, the election law was amended to provide that the
boards of elections throughout the state assume possession and ownership
of all  voting  machines  and  that  such  boards  designate  poll  site
locations.  -In  2009  and  2010,  New  York State will be replacing the
existing mechanical voting machines with electronic voting machines that
comply with the Help America Vote Act and recently  enacted  state  law.
This  bill is intended to balance the desire to keep costs down with the
efficient and orderly administration of elections.

The new machines have features and capabilities, such as the ability  to
tabulate multiple official ballots that the current machines do not. The
bill  allows  the use of one machine for more than one election district
provided it produces separate and  distinct  totals  for  each  election
district.  The  boards  of  elections  should  be given the authority to
create, consolidate, divide or alter election districts, in addition  to
picking  the  poll  sites, to best utilize the new machines. However, in
order to  prevent  drastic  cost  cutting  measures  that  could  render
elections  chaotic  or  slow,  the  bill requires that sufficient space,
voting machines, election workers and resources be provided to  accommo-
date those voters that are eligible to vote at a poll site.

PRIOR LEGISLATIVE HISTORY: None

FISCAL  IMPLICATION:  This  bill  would allow the boards of elections to
better utilize their voting machines and  reduce  the  cost  of  running
elections.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A8692A - Bill Text download pdf

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

                                 8692--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by  M.  of  A.  MILLMAN, BENJAMIN, MOLINARO -- read once and
  referred to the Committee  on  Election  Law  --  recommitted  to  the
  Committee  on  Election Law in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  election  law, in relation to the alteration of
  election districts by the board of elections

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

  Section  1.  Subdivision  2  of  section  4-100 of the election law is
amended to read as follows:
  2. The creation, consolidation, division  or  alteration  of  election
districts  shall  be  done  by the [legislative body of the city or town
within which the election district is contained except in the cities  of
Buffalo and New York and the counties of Monroe, Nassau, and Suffolk. In
the  cities  of Buffalo and New York, and the counties of Monroe, Nassau
and Suffolk, and for any other town or city, upon  the  request  of  its
legislative body, the creation, consolidation, division or alteration of
election districts shall be done by the] board of elections.
  S  2. Subdivision 5 of section 4-104 of the election law is amended by
adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, POLLING PLAC-
ES DESIGNATED FOR ANY ONE SUCH ELECTION DISTRICT THAT WILL BE  UTILIZING
ANY  VOTING MACHINE OR SYSTEM CERTIFIED FOR USE IN NEW YORK STATE PURSU-
ANT TO CHAPTER ONE HUNDRED EIGHTY-ONE OF THE LAWS OF TWO THOUSAND  FIVE,
MAY  BE  THE  POLLING PLACE OF ANY OTHER DISTRICT OR DISTRICTS, PROVIDED
THE VOTING SYSTEM USED IN  SUCH  POLLING  PLACE  PRODUCES  SEPARATE  AND
DISTINCT  VOTE  TOTALS FOR EACH ELECTION DISTRICT VOTING IN SUCH POLLING
PLACE ON SUCH VOTING MACHINE OR SYSTEM.
  S 3. Subdivision 6 of section 4-104 of the election law is amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09410-09-0

A. 8692--A                          2

  6. Each polling place designated, whenever practicable, shall be situ-
ated  on  the main or ground floor of the premises selected. It shall be
of sufficient area to admit and comfortably accommodate [at  least  ten]
voters  [at  one  time  and  to  allow for the placement in such meeting
place,  of  booths,  furniture  and  equipment,  as  provided by law] IN
NUMBERS CONSISTENT WITH THE DEPLOYMENT OF  VOTING  SYSTEMS  AND  PRIVACY
BOOTHS, PURSUANT TO 9 NYCRR 6210.19.  SUCH DEPLOYMENT OF VOTING SYSTEMS,
ELECTION  WORKERS AND ELECTION RESOURCES SHALL BE IN A SUFFICIENT NUMBER
TO ACCOMMODATE THE NUMBERS OF VOTERS ELIGIBLE TO VOTE  IN  SUCH  POLLING
PLACE.
  S 4. This act shall take effect immediately.

co-Sponsors

2009-A8692B - Details

See Senate Version of this Bill:: S5447
Law Section:: Election Law
Laws Affected:: Amd §§4-100 & 4-104, rpld §4-100 sub 6, El L

2009-A8692B - Summary

2009-A8692B - Sponsor Memo

                                BILL NUMBER:A8692B

TITLE  OF  BILL:    An act to amend the election law, in relation to the
alteration of election districts by  the  board  of  elections;  and  to
repeal certain provisions of such law relating thereto

PURPOSE  OR  GENERAL  IDEA  OF BILL: The bill is intended to provide the
boards of elections flexibility regarding election districts to capital-
ize on the features and capabilities of the new  voting  machines  which
will  replace the existing voting machines and to ensure that poll sites
have adequate space.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill  repeals  election
law  §  4-100(6)  which  allows  a  board of elections to alter election
district lines when a legislative body of a town or city fails to do  so
and grants the boards of elections the authority to create, consolidate,
divide or alter election districts.

Section  2  of  the  bill  provides that polling places using new voting
machines or systems may contain more than 1 election  district  provided
that  such  voting machine or system produces separate and distinct vote
totals for each election district.

Section 3 of the bill provides that a poll site must  be  of  sufficient
size  to  accommodate  voting machines and privacy booths as required by
state board of elections rules and regulations. It  also  provides  that

the  number  of voting machines, election workers and election resources
must be sufficient to accommodate the number of voters eligible to  vote
in such poll site.

Section 4 of the bill is the effective date.

JUSTIFICATION: In 2005, the election law was amended to provide that the
boards of elections throughout the state assume possession and ownership
of  all  voting  machines  and  that  such  boards  designate  poll site
locations. In 2009 and 2010, New York State will be replacing the exist-
ing mechanical voting machines  with  electronic  voting  machines  that
comply  with  the  Help America Vote Act and recently enacted state law.
This bill is intended to balance the desire to keep costs down with  the
efficient and orderly administration of elections.

The  new machines have features and capabilities, such as the ability to
tabulate multiple official ballots that the current machines do not. The
bill allows the use of one machine for more than one  election  district
provided  it  produces  separate  and  distinct totals for each election
district. The boards of elections  should  be  given  the  authority  to
create,  consolidate, divide or alter election districts, in addition to
picking the poll sites, to best utilize the.new  machines.  However,  in
order  to  prevent  drastic  cost  cutting  measures  that  could render
elections chaotic or slow, the  bill  requires  that  sufficient  space,
voting  machines, election workers and resources be provided to accommo-
date those voters that are eligible to vote at a poll site.

PRIOR LEGISLATIVE HISTORY: None

FISCAL  IMPLICATION:  This  bill  would allow the boards of elections to
better utilize their voting machines and  reduce  the  cost  of  running
elections.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A8692B - Bill Text download pdf

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

                                 8692--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by  M.  of  A.  MILLMAN, BENJAMIN, MOLINARO -- read once and
  referred to the Committee  on  Election  Law  --  recommitted  to  the
  Committee  on  Election Law in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

AN  ACT  to  amend  the  election  law, in relation to the alteration of
  election districts by the board of elections; and  to  repeal  certain
  provisions of such law relating thereto

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

  Section 1. Subdivision 2 of section  4-100  of  the  election  law  is
amended to read as follows:
  2.  The  creation,  consolidation,  division or alteration of election
districts shall be done by the [legislative body of  the  city  or  town
within  which the election district is contained except in the cities of
Buffalo and New York and the counties of Monroe, Nassau, and Suffolk. In
the cities of Buffalo and New York, and the counties of  Monroe,  Nassau
and  Suffolk,  and  for  any other town or city, upon the request of its
legislative body, the creation, consolidation, division or alteration of
election districts shall be done by the] board of elections.
  S 2. Subdivision 5 of section 4-104 of the election law is amended  by
adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, POLLING PLAC-
ES  DESIGNATED FOR ANY ONE SUCH ELECTION DISTRICT THAT WILL BE UTILIZING
ANY VOTING MACHINE OR SYSTEM CERTIFIED FOR USE IN NEW YORK STATE  PURSU-
ANT  TO CHAPTER ONE HUNDRED EIGHTY-ONE OF THE LAWS OF TWO THOUSAND FIVE,
MAY BE THE POLLING PLACE OF ANY OTHER DISTRICT  OR  DISTRICTS,  PROVIDED
THE  VOTING  SYSTEM  USED  IN  SUCH  POLLING PLACE PRODUCES SEPARATE AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09410-11-0

A. 8692--B                          2

DISTINCT VOTE TOTALS FOR EACH ELECTION DISTRICT VOTING IN  SUCH  POLLING
PLACE ON SUCH VOTING MACHINE OR SYSTEM.
  S  3. Subdivision 6 of section 4-104 of the election law is amended to
read as follows:
  6. Each polling place designated, whenever practicable, shall be situ-
ated on the main or ground floor of the premises selected. It  shall  be
of  sufficient  area to admit and comfortably accommodate [at least ten]
voters [at one time and to allow  for  the  placement  in  such  meeting
place,  of  booths,  furniture  and  equipment,  as  provided by law] IN
NUMBERS CONSISTENT WITH THE DEPLOYMENT OF  VOTING  SYSTEMS  AND  PRIVACY
BOOTHS, PURSUANT TO 9 NYCRR 6210.19.  SUCH DEPLOYMENT OF VOTING SYSTEMS,
ELECTION  WORKERS AND ELECTION RESOURCES SHALL BE IN A SUFFICIENT NUMBER
TO ACCOMMODATE THE NUMBERS OF VOTERS ELIGIBLE TO VOTE  IN  SUCH  POLLING
PLACE.
  S 4. Subdivision 6 of section 4-100 of the election law is REPEALED.
  S 5. This act shall take effect immediately.

co-Sponsors

2009-A8692C (ACTIVE) - Details

See Senate Version of this Bill:: S5447
Law Section:: Election Law
Laws Affected:: Amd §§4-100 & 4-104, rpld §4-100 sub 6, El L

2009-A8692C (ACTIVE) - Summary

2009-A8692C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8692C

TITLE  OF  BILL:    An act to amend the election law, in relation to the
alteration of election districts by  the  board  of  elections;  and  to
repeal certain provisions of such law relating thereto

PURPOSE  OR  GENERAL  IDEA  OF BILL: The bill is intended to provide the
boards of elections flexibility regarding election districts to capital-
ize on the features and capabilities of the new  voting  machines  which
will  replace the existing voting machines and to ensure that poll sites
have adequate space.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill  repeals  election
law  §  4-100(6)  which  allows  a  board of elections to alter election
district lines when a legislative body of a town or city fails to do  so
and grants the boards of elections the authority to create, consolidate,
divide or alter election districts.

Section  2  of  the  bill  provides that polling places using new voting
machines or systems may contain more than 1 election  district  provided
that  such  voting machine or system produces separate and distinct vote
totals for each election district.

Section 3 of the bill provides that a poll site must  be  of  sufficient
size  to  accommodate  voting machines and privacy booths as required by
state board of elections rules and regulations. It also  provides  that.

the  number  of voting machines, election workers and election resources
must be sufficient to accommodate the number of voters eligible to  vote
in such poll site.

Section 4 of the bill is the effective date.

JUSTIFICATION: In 2005, the election law was amended to provide that the
boards of elections throughout the state assume possession and ownership
of  all  voting  machines  and  that  such  boards  designate  poll site
locations. In 2009 and 2010, New York State will be replacing the exist-
ing mechanical voting machines  with  electronic  voting  machines  that
comply  with  the  Help America Vote Act and recently enacted state law.
This bill is intended to balance the desire to keep costs down with  the
efficient and orderly administration of elections.

The  new machines have features and capabilities, such as the ability to
tabulate multiple official ballots that the current machines do not. The
bill allows the use of one machine for more than one  election  district
provided  it  produces  separate  and  distinct totals for each election
district. The boards of elections  should  be  given  the  authority  to
create,  consolidate, divide or alter election districts, in addition to
picking the poll sites, to best utilize the.new  machines.  However,  in
order  to  prevent  drastic  cost  cutting  measures  that  could render
elections chaotic or slow, the  bill  requires  that  sufficient  space,
voting  machines, election workers and resources be provided to accommo-
date those voters that are eligible to vote at a poll site.

PRIOR LEGISLATIVE HISTORY: None

FISCAL  IMPLICATION:  This  bill  would allow the boards of elections to
better utilize their voting machines and  reduce  the  cost  of  running
elections.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A8692C (ACTIVE) - Bill Text download pdf

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

                                 8692--C
                                                        Cal. No. 765

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by  M.  of A. MILLMAN, BENJAMIN -- read once and referred to
  the Committee on Election Law  --  recommitted  to  the  Committee  on
  Election  Law  in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- reported from committee, advanced to a third reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the  election  law, in relation to the alteration of
  election districts by the board of elections; and  to  repeal  certain
  provisions of such law relating thereto

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

  Section 1. Subdivision 2 of section  4-100  of  the  election  law  is
amended to read as follows:
  2.  The  creation,  consolidation,  division or alteration of election
districts shall be done by the [legislative body of  the  city  or  town
within  which the election district is contained except in the cities of
Buffalo and New York and the counties of Monroe, Nassau, and Suffolk. In
the cities of Buffalo and New York, and the counties of  Monroe,  Nassau
and  Suffolk,  and  for  any other town or city, upon the request of its
legislative body, the creation, consolidation, division or alteration of
election districts shall be done by the] board of elections.
  S 2. Subdivision 5 of section 4-104 of the election law is amended  by
adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, POLLING PLAC-
ES  DESIGNATED FOR ANY ONE SUCH ELECTION DISTRICT THAT WILL BE UTILIZING
ANY VOTING MACHINE OR SYSTEM CERTIFIED FOR USE IN NEW YORK STATE  PURSU-
ANT  TO CHAPTER ONE HUNDRED EIGHTY-ONE OF THE LAWS OF TWO THOUSAND FIVE,
MAY BE THE POLLING PLACE OF ANY OTHER CONTIGUOUS DISTRICT OR  DISTRICTS,
PROVIDED  THE VOTING SYSTEM USED IN SUCH POLLING PLACE PRODUCES SEPARATE

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

                                                           LBD09410-12-0

A. 8692--C                          2

AND DISTINCT VOTE TOTALS FOR EACH ELECTION DISTRICT VOTING IN SUCH POLL-
ING PLACE ON SUCH VOTING MACHINE OR SYSTEM.
  S  3. Subdivision 6 of section 4-104 of the election law is amended to
read as follows:
  6. Each polling place designated, whenever practicable, shall be situ-
ated on the main or ground floor of the premises selected. It  shall  be
of  sufficient  area to admit and comfortably accommodate [at least ten]
voters [at one time and to allow  for  the  placement  in  such  meeting
place,  of  booths,  furniture  and  equipment,  as  provided by law] IN
NUMBERS CONSISTENT WITH THE DEPLOYMENT OF  VOTING  SYSTEMS  AND  PRIVACY
BOOTHS, PURSUANT TO 9 NYCRR 6210.19.  SUCH DEPLOYMENT OF VOTING SYSTEMS,
ELECTION  WORKERS AND ELECTION RESOURCES SHALL BE IN A SUFFICIENT NUMBER
TO ACCOMMODATE THE NUMBERS OF VOTERS ELIGIBLE TO VOTE  IN  SUCH  POLLING
PLACE.
  S 4. Subdivision 6 of section 4-100 of the election law is REPEALED.
  S 5. This act shall take effect immediately.

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MILLMAN

Archive: Last Bill Status Via S5447 - Signed by Governor

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2009-A8692C (ACTIVE) - Bill Text download pdf

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