senate Bill S5385

Signed By Governor
2011-2012 Legislative Session

Relates to the requirement to lock voting machines

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Sponsored By

Archive: Last Bill Status Via A7453 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.169
Jul 08, 2011 delivered to governor
Jun 14, 2011 returned to assembly
passed senate
3rd reading cal.1031
substituted for s5385
Jun 14, 2011 substituted by a7453a
Jun 13, 2011 advanced to third reading
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.1031
May 16, 2011 referred to elections

Votes

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S5385 - Bill Details

See Assembly Version of this Bill:
A7453A
Law Section:
Election Law
Laws Affected:
Amd ยง3-222, El L

S5385 - Bill Texts

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Relates to the requirement to lock voting machines; requires sealing of removable memory cards or other similar electronic media.

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BILL NUMBER:S5385

TITLE OF BILL:
An act
to amend the election law, in relation to the requirement to lock voting
machines

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
further conform and clarify the election law in response to the
adoption and technical characteristics of the new HAVA compliant
voting machines

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill updates and
clarifies the election law regarding the security of removable memory
cards or other similar electronic media used by the new HAVA
compliant voting systems must be securely kept until such time as the
information on the media has been preserved in a manner statutorily
prescribed manner.

Section 2 of the bill is the effective date.

JUSTIFICATION:
The logistical transition to the new HAVA compliant
voting system in New York State and hence to a paper-based system
with a large electronic storage component mandates that selected
provisions of the election law be amended to reflect these changes in
the voting system. Section 3-222(1) is one such provision. As
presently constituted, this section currently speaks to locking
voting machines used in elections and sets out the conditions under
which such machines May be unlocked and the results examined. In
recognition that the results of elections administered with the new
HAVA compliant machines are stored on portable memory devices, rather
than.on the machines themselves, this bill applies similar security
and disclosure procedures in place for lever machines and applies
them to the new HAVA compliant machines.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This bill would take effect immediately.

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

                                  5385

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 16, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to the requirement to lock
  voting machines

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

  Section  1.    Subdivision  1  of section 3-222 of the election law is
amended to read as follows:
  1. Except as hereinafter provided, [voting machines] REMOVABLE  MEMORY
CARDS  OR  OTHER  SIMILAR  ELECTRONIC MEDIA shall remain [locked] SEALED
against [voting for a period of thirty days  or]  REUSE  until  [fifteen
days  before  the  next election, if such machines are needed for use at
such next election] SUCH TIME AS THE INFORMATION STORED  ON  SUCH  MEDIA
HAS  BEEN PRESERVED IN A MANNER CONSISTENT WITH PROCEDURES DEVELOPED AND
DISTRIBUTED BY THE STATE BOARD OF ELECTIONS.  Provided,   however,  that
[a  machine may be unlocked if a discrepancy discovered in the recanvass
of voting machines required by this chapter makes it necessary to  exam-
ine  the  machine  to  determine  if  it  has malfunctioned and provided
further that a machine may be opened] THE  INFORMATION  STORED  ON  SUCH
ELECTRONIC  MEDIA  and  all the data and figures therein MAY BE examined
upon the order of any court or judge of competent jurisdiction or may be
[opened by] EXAMINED AT THE direction of a committee of  the  senate  or
assembly  to  investigate and report upon contested elections of members
of the legislature voted  for  by  the  use  of  [such  machine]  VOTING
MACHINES  UTILIZING SUCH ELECTRONIC MEDIA and such data and such figures
examined by such committee in the presence of  the  officer  having  the
custody of [such machine] VOTING MACHINES AND ELECTRONIC MEDIA.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11346-03-1

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