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

                                 3093--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by  M. of A. SCHIMEL, LATIMER, GALEF, ENGLEBRIGHT, ABINANTI,
  SWEENEY, THIELE, PAULIN, STEVENSON, CROUCH, MURRAY, MONTESANO,  GIGLIO
  --  Multi-Sponsored by -- M. of A. KATZ, McLAUGHLIN, P. RIVERA -- read
  once and referred to  the  Committee  on  Election  Law  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the election law, in relation to authorizing village,
  special district, improvement district and library district  elections
  to  be conducted on mechanical lever voting machines or paper ballots;
  and to amend the town law, in  relation  to  authorizing  the  use  of
  mechanical  lever  voting  machines  or paper ballots at fire district
  elections; and providing for the repeal of such provisions upon  expi-
  ration thereof

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

  Section 1. The election law is amended by adding a new  section  7-132
to read as follows:
  S   7-132.  PAPER  BALLOTS;  VILLAGE,  SPECIAL  DISTRICT,  IMPROVEMENT
DISTRICT, LIBRARY DISTRICT AND  FIRE  DISTRICT  ELECTIONS.  1.  FOR  ANY
VILLAGE,  SPECIAL  DISTRICT,  IMPROVEMENT  DISTRICT, LIBRARY DISTRICT OR
FIRE DISTRICT CONDUCTING AN ELECTION IN WHICH PAPER BALLOTS  ARE  TO  BE
COUNTED  BY  HAND, THE FORMAT OF SUCH PAPER BALLOTS SHALL CONFORM TO THE
PROVISIONS OF THIS SECTION.
  2. ALL PAPER BALLOTS SHALL BE PRINTED ON PAPER  OF  A  QUALITY,  SIZE,
COLOR  AND WEIGHT AS SHALL BE DETERMINED BY THE STATE BOARD OF ELECTIONS
ON OR BEFORE JULY SEVENTH, TWO THOUSAND ELEVEN.
  3. ALL PAPER BALLOTS OF THE SAME KIND AT THE SAME POLLING PLACE  SHALL
BE  IDENTICAL  IN  APPEARANCE  AND  FORM.  A DIFFERENT, BUT IN EACH CASE
UNIFORM STYLE AND SIZE OF TYPE, SHALL BE USED FOR THE  PRINTING  OF  THE
NAMES  OF  CANDIDATES,  THE TITLES OF OFFICES, POLITICAL DESIGNATION AND
THE READING FORM OF ALL PROPOSALS AND QUESTIONS PRESENTED. THE NAMES  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04799-06-1
              

A. 3093--A                          2

ALL  CANDIDATES  SHALL  BE PRINTED IN UPPER-CASE LETTERS, IN BLACK-FACED
TYPE.
  4.  EACH PAPER BALLOT SHALL BE PRINTED ON A SINGLE SHEET OF PAPER WITH
A DETACHABLE STUB WHICH MAY BE SEPARATED THEREFROM  ALONG  A  PERFORATED
HORIZONTAL LINE ACROSS THE ENTIRE BALLOT. ON THE FACE OF SUCH STUB SHALL
BE PRINTED THE INSTRUCTIONS TO THE VOTER, AND ON THE BACK THEREOF, IMME-
DIATELY  ABOVE  THE CENTER OF THE ENDORSEMENT ON THE REAR OF THE BALLOT,
SHALL BE PRINTED "#" WITH THE BLANK  SPACE  FILLED  IN  BY  AN  ELECTION
INSPECTOR  WITH  THE  CONSECUTIVE NUMBER OF BALLOTS CAST AT THE ELECTION
BEGINNING WITH #1, AND INCREASING IN REGULAR NUMERICAL ORDER.
  5. ON THE REAR OF THE BALLOT, BELOW THE LINE OF PERFORATIONS, JUST  TO
THE  RIGHT  OF  CENTER  AND  APPEARING ON THE OUTSIDE OF THE BALLOT WHEN
FOLDED, AND ALSO ON THE FRONT OF THE BALLOT, DIRECTLY BELOW THE LINE  OF
PERFORATIONS, SHALL BE PRINTED THE FOLLOWING INFORMATION:
  "OFFICIAL BALLOT FOR (VILLAGE, SPECIAL DISTRICT, IMPROVEMENT DISTRICT,
LIBRARY DISTRICT OR FIRE DISTRICT) OFFICERS AND PROPOSITIONS
  (THE DATE OF THE ELECTION)
  (A  FACSIMILE  SIGNATURE  OF  THE  OFFICER  OR OFFICERS PROVIDING SUCH
BALLOT)".
  6. ON THE TOP OF THE DETACHABLE STUB OR ON THE EDGE OF THE BALLOT, THE
FOLLOWING INSTRUCTIONS SHALL BE PRINTED IN HEAVY BLACK TYPE:
                              "INSTRUCTIONS
  (A) MARK ONLY WITH A PEN HAVING BLUE OR BLACK INK  OR  WITH  A  PENCIL
HAVING BLACK LEAD.
  (B)  TO VOTE FOR A CANDIDATE WHOSE NAME IS PRINTED ON THIS BALLOT MAKE
A SINGLE CROSS X MARK OR A CHECK V MARK IN ONE OF  THE  SQUARES  TO  THE
RIGHT OF AN EMBLEM OPPOSITE HIS OR HER NAME.
  (C)  TO  VOTE  FOR  A  PERSON WHOSE NAME IS NOT PRINTED ON THIS BALLOT
WRITE OR STAMP HIS OR HER NAME ON A BLANK LINE UNDER THE  NAMES  OF  THE
CANDIDATES FOR THAT OFFICE.
  (D)  TO  VOTE YES OR NO ON A PROPOSAL MAKE A SINGLE X OR V MARK IN THE
SQUARE OPPOSITE YOUR VOTE.
  (E) ANY OTHER MARK OR WRITING, OR ANY  ERASURE  MADE  ON  THIS  BALLOT
OUTSIDE THE VOTING SQUARES OR BLANK SPACES PROVIDED FOR VOTING WILL VOID
THIS ENTIRE BALLOT.
  (F) DO NOT OVERVOTE. IF YOU SELECT A GREATER NUMBER OF CANDIDATES THAN
THERE  ARE  VACANCIES  TO  BE  FILLED, YOUR BALLOT WILL BE VOID FOR THAT
PUBLIC OFFICE OR PARTY POSITION.
  (G) IF YOU TEAR, DEFACE OR WRONGLY MARK THIS  BALLOT,  RETURN  IT  AND
OBTAIN  ANOTHER.  DO  NOT  ATTEMPT  TO CORRECT MISTAKES ON THE BALLOT BY
MAKING ERASURES OR CROSS OUTS. ERASURES OR CROSS OUTS MAY INVALIDATE ALL
OR PART OF YOUR BALLOT. PRIOR TO SUBMITTING YOUR BALLOT, IF YOU  MAKE  A
MISTAKE  IN COMPLETING THE BALLOT OR WISH TO CHANGE YOUR BALLOT CHOICES,
YOU MAY OBTAIN AND COMPLETE A NEW BALLOT. YOU HAVE A RIGHT TO A REPLACE-
MENT BALLOT UPON RETURN OF THE ORIGINAL BALLOT."
  7. EACH BALLOT SHALL BE PRINTED IN SECTIONS IN WHICH  THE  CANDIDATES'
NAMES,  EMBLEMS  AND  POLITICAL  DESIGNATIONS,  THE BALLOT PROPOSALS AND
OTHER REQUISITE MATTER SHALL EACH BE BOXED IN BY HEAVY BLACK LINES.
  ON THE BALLOT SHALL BE VOTING SQUARES IN WHICH VOTERS MAY  MAKE  THEIR
VOTING  MARKS. ALL VOTING SQUARES SHALL BE BOUNDED BY HEAVY BLACK LINES,
THE PERPENDICULAR LINES TO BE NOT LESS THAN ONE-SIXTEENTH  OF  ONE  INCH
WIDE.    THE  VOTING SQUARES AND THE SPACES OCCUPIED BY THE EMBLEM SHALL
HAVE A DEPTH AND WIDTH OF FIVE-SIXTEENTHS OF ONE INCH. NO VOTING  SQUARE
SHALL  BE  PROVIDED IN FRONT OF THE BLANK SPACES PROVIDED FOR A VOTER TO
WRITE IN A NAME.

A. 3093--A                          3

  8. THE SPACE FOR THE TITLE OF AN OFFICE SHALL BE THREE-EIGHTHS OF  ONE
INCH,  AND  THE NAME OF A CANDIDATE OR FOR WRITING IN A NAME, ONE-FOURTH
OF ONE INCH, IN DEPTH. AT THE LEFT OF THE NAME OF EACH DESIGNATED CANDI-
DATE SHALL BE AN ENCLOSED VOTING SPACE, THREE-EIGHTHS  OF  ONE  INCH  IN
WIDTH  AND APPROXIMATELY ONE-FOURTH OF ONE INCH IN DEPTH, BOUNDED ABOVE,
BELOW AND TO THE RIGHT BY BLACK LINES, HEAVIER THAN THOSE WHICH SEPARATE
THE SPACES CONTAINING THE NAMES OF CANDIDATES. TO  THE  LEFT  OF  VOTING
SPACES  WHICH  DO  NOT  ADJOIN A VERTICAL LINE DIVIDING TWO PARTS, THERE
SHALL BE A HEAVY BLACK VERTICAL LINE  APPROXIMATELY  ONE-EIGHTH  OF  ONE
INCH  IN WIDTH. NO VOTING SPACE SHALL BE PROVIDED IN THE SPACE FOR WRIT-
ING IN NAMES. IN SUCH CASE, THE SPACE CORRESPONDING TO  A  VOTING  SPACE
SHALL BE ALL BLACK.
  9. BELOW THE NAMES OF THE CANDIDATES FOR EACH OFFICE OR POSITION THERE
SHALL  BE  PRINTED AS MANY BLANK SPACES, FOR WRITING IN NAMES OF PERSONS
FOR WHOM THE VOTER DESIRES TO VOTE, AS THERE ARE PERSONS TO BE NOMINATED
OR ELECTED.
  10. IN CASE THE SECTIONS SHALL BE SO NUMEROUS AS TO  MAKE  THE  BALLOT
UNWIELDY  IF  THEY  ARE PRINTED IN ONE COLUMN, THEY MAY BE PRINTED IN AS
MANY COLUMNS AS SHALL BE NECESSARY,  AND  IN  THAT  CASE,  IN  ORDER  TO
PRODUCE A RECTANGULAR BALLOT, BLANK SECTIONS MAY BE USED.
  11. THE NAMES OF PARTIES OR INDEPENDENT BODIES WHICH CONTAIN MORE THAN
FIFTEEN LETTERS MAY, WHENEVER LIMITATIONS OF SPACE SO REQUIRE, BE PRINT-
ED ON THE BALLOT IN AN ABBREVIATED FORM. IN PRINTING THE NAMES OF CANDI-
DATES  WHOSE  FULL  NAMES  CONTAIN  MORE  THAN FIFTEEN LETTERS, ONLY THE
SURNAME MUST BE PRINTED IN FULL. THE OFFICER OR BOARD CHARGED  WITH  THE
DUTY OF PREPARING THE BALLOTS SHALL REQUEST EACH SUCH CANDIDATE TO INDI-
CATE,   IN  WRITING,  THE  SHORTENED  FORM  IN  WHICH,  SUBJECT  TO  THE
RESTRICTION, HIS NAME  SHALL  BE  PRINTED.  IF  NO  SUCH  INDICATION  IS
RECEIVED  FROM  SUCH CANDIDATE WITHIN THE TIME SPECIFIED IN THE REQUEST,
SUCH OFFICER OR BOARD SHALL MAKE THE NECESSARY DETERMINATION. NO  EMBLEM
SHALL  OCCUPY  A SPACE LONGER IN ANY DIRECTION THAN THE VOTING SQUARE TO
WHICH IT RELATES.
  S 2. Subdivision 1 of section 7-200 of the election law, as amended by
chapter 181 of the laws of 2005, is amended to read as follows:
  1. The board of elections of the city of New  York  and  other  county
boards  of  elections  may  adopt  any  kind of voting machine or system
approved by the state board of elections, or the use of which  has  been
specifically  authorized  by  law;  and thereupon such voting machine or
system may be used at any or all elections and  shall  be  used  at  all
general  or  special elections held by such boards in such city, town or
village and in every contested primary election in the city of New  York
and  in every contested primary election outside the city of New York in
which there are one thousand or more enrolled voters qualified to  vote;
PROVIDED,  HOWEVER, THAT SUCH MACHINES AND SYSTEMS SHALL NOT BE REQUIRED
TO BE USED IN ANY VILLAGE, SPECIAL  DISTRICT,  IMPROVEMENT  DISTRICT  OR
LIBRARY  DISTRICT  ELECTION  AND  THE  USE  OF  MECHANICAL  LEVER VOTING
MACHINES SHALL BE AUTHORIZED FOR VILLAGE ELECTIONS.   No more  than  two
types  of  voting  machines or systems may be used by any local board of
elections at a single election. Notwithstanding the other provisions  of
this  subdivision,  any local board of elections may borrow or lease for
use on an experimental basis for a period of  not  more  than  one  year
each, voting machines or systems of any type approved by the state board
of elections.
  S 3. Subdivision 1 of section 7-203 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:

A. 3093--A                          4

  1.  The board of elections shall provide a sufficient number of voting
machines to fully equip all election districts within its  jurisdiction.
Such  voting  machines shall be used at all general, special and primary
elections conducted pursuant to this chapter;  PROVIDED,  HOWEVER,  THAT
THE  USE  OF  SUCH VOTING MACHINES SHALL NOT BE REQUIRED DURING VILLAGE,
SPECIAL DISTRICT, IMPROVEMENT DISTRICT OR LIBRARY DISTRICT ELECTIONS AND
THE USE OF MECHANICAL LEVER VOTING MACHINES OR PAPER  BALLOTS  SHALL  BE
AUTHORIZED AT SUCH ELECTIONS.
  S  4. Subdivision 29 of section 176 of the town law, as added by chap-
ter 568 of the laws of 1949, is amended to read as follows:
  29. May authorize the use of voting machines at any annual or  special
election  held within the fire district and such voting machine shall be
used in accordance with the provisions contained in article nine of  the
election  law,  PROVIDED  THAT  NO  PROVISION  OF LAW SHALL BE DEEMED TO
PROHIBIT THE USE OF MECHANICAL LEVER VOTING MACHINES OR PAPER BALLOTS AT
ANY SUCH ELECTION.
  S 5. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2012.

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

                                 3093--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by  M. of A. SCHIMEL, LATIMER, GALEF, ENGLEBRIGHT, ABINANTI,
  SWEENEY, THIELE, PAULIN, STEVENSON, CROUCH, MURRAY, MONTESANO, GIGLIO,
  McENENY, LAVINE, WEISENBERG, JAFFEE, MAGEE -- Multi-Sponsored by -- M.
  of A.   BLANKENBUSH, CALHOUN,  CERETTO,  CORWIN,  FINCH,  FITZPATRICK,
  GOODELL, GUNTHER, KATZ, P. LOPEZ, McLAUGHLIN, MOLINARO, OAKS, RABBITT,
  RAIA, P. RIVERA, SAYWARD -- read once and referred to the Committee on
  Election  Law -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee

AN ACT to amend the election law, in relation to the number and  use  of
  voting  machines  in village elections 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.  Section 15-114 of the election law, as amended by chapter
373 of the laws of 1978, is amended to read as follows:
  S 15-114. Number AND USE of voting machines. 1. Any village  that  HAS
NOT  ADOPTED  A RESOLUTION PURSUANT TO PARAGRAPH C OF SUBDIVISION ONE OF
SECTION 15-104 OF THIS ARTICLE AND uses voting machines, INCLUDING LEVER
VOTING MACHINES, for village elections shall provide one voting  machine
for  each  eight hundred or fraction thereof of qualified voters in each
election district, as such voters are defined in section 15-110 of  this
article.
  2.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE BOARD OF
ELECTIONS TO MAINTAIN THE CARE,  CUSTODY  OR  CONTROL  OF  LEVER  VOTING
MACHINES.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2012.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04799-07-1