Senate Bill S5989

2009-2010 Legislative Session

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

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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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to elections
Jun 19, 2009	referred to rules

2009-S5989 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Rpld §4-100 sub 6, amd §§4-100 & 4-104, El L

2009-S5989 (ACTIVE) - 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; repeals certain provisions of the election law.

2009-S5989 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5989

 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 capitalize 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
calendar 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 chaotic 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-S5989 (ACTIVE) - Bill Text download pdf

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

                                  5989

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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

S. 5989                             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.

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Senate Bill S5989

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Archive: Last Bill Status - In Senate Committee Elections Committee

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2009-S5989 (ACTIVE) - Details

2009-S5989 (ACTIVE) - Summary

2009-S5989 (ACTIVE) - Sponsor Memo

2009-S5989 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2009-S5989 (ACTIVE) - Details

2009-S5989 (ACTIVE) - Summary

2009-S5989 (ACTIVE) - Sponsor Memo

2009-S5989 (ACTIVE) - Bill Text download pdf

Comments