S T A T E O F N E W Y O R K
________________________________________________________________________
7954
2013-2014 Regular Sessions
I N A S S E M B L Y
June 12, 2013
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend chapter 3 of the laws of 2011 amending the election law
relating to the number and use of voting machines in village
elections, chapter 170 of the laws of 2011 amending the town law
relating to the types of voting machines used in certain elections and
chapter 359 of the laws of 2010 amending the education law relating to
use of lever voting machines, in relation to making the provisions of
such chapters permanent; to amend the election law, the town law, and
the education law, in relation to the use of voting machines in
certain elections and to repeal sections 3 and 6 of chapter 170 of the
laws of 2011 amending the town law relating to the types of voting
machines used in certain elections relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 3 of the laws of 2011 amending the
election law relating to the number and use of voting machines in
village elections, as amended by chapter 482 of the laws of 2012, is
amended to read as follows:
S 2. This act shall take effect immediately [and shall expire and be
deemed repealed December 31, 2014].
S 2. Section 7 of chapter 170 of the laws of 2011 amending the town
law relating to the types of voting machines used in certain elections,
as amended by chapter 482 of the laws of 2012, is amended to read as
follows:
S 7. This act shall take effect immediately [provided, however, that
sections one, two, four and five of this act shall expire and be deemed
repealed December 31, 2014, when upon such date the provisions of
sections three and six of this act shall take effect].
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11403-01-3
A. 7954 2
S 3. Sections 3 and 6 of chapter 170 of the laws of 2011 amending the
town law relating to the types of voting machines used in certain
elections are REPEALED.
S 4. Section 8 of chapter 359 of the laws of 2010 amending the educa-
tion law relating to the use of lever voting machines, as amended by
chapter 482 of the laws of 2012, is amended to read as follows:
S 8. This act shall take effect immediately [and shall expire and be
deemed repealed December 31, 2014].
S 5. Section 15-114 of the election law is amended by adding a new
subdivision 3 to read as follows:
3. SHOULD THE VILLAGE UTILIZE SUCH MECHANICAL LEVER VOTING MACHINES IN
ANY ELECTION, THE VILLAGE MUST ALSO PROVIDE AT LEAST ONE VOTING SYSTEM
THAT MEETS THE REQUIREMENTS OF PARAGRAPHS A, B, AND C OF SUBDIVISION TWO
OF SECTION 7-202 OF THIS CHAPTER. THE VILLAGE NEED ONLY MAKE SUCH VOTING
SYSTEM AVAILABLE IN ONE POLLING PLACE; HOWEVER, IT MUST BE ACCESSIBLE TO
ALL VOTERS WITHIN THE VILLAGE THAT REQUIRE THE USE OF SUCH SYSTEM.
S 6. Section 212 of the town law, as amended by chapter 170 of the
laws of 2011, is amended to read as follows:
S 212. Annual election and notice thereof. The district commissioners
of such improvement district shall publish at the expense of the
district the notice of each election of improvement district commission-
ers held pursuant to this article. Such notice shall be published at
least once in one or more newspapers having general circulation in the
district and the first publication thereof shall be at least twenty days
before the day of such election. The notice of annual election shall
specify the time when and the place or places where such election shall
be held and the hours during which the polls will be open for the
receipt of ballots. Notice of such election shall also be posted on the
websites of the district and the town in which the district is located,
if such websites are maintained, on the signboard of the town, and
conspicuously posted in three or more designated public locations within
the district, on or about the day on which such notice is published.
Such election shall be held at a suitable place or places within the
district designated by the district commissioners and the polls shall
remain open from six o'clock in the evening until nine o'clock in the
evening and such additional consecutive hours prior thereto as the
district commissioners may determine and specify in the notice of such
election. The board of commissioners of such district shall designate
for each district election not less than two nor more than four resident
taxpayers to act as election inspectors and ballot clerks for each
designated polling place. The board of commissioners shall fix the
compensation of such election inspectors and ballot clerks in an amount
not to exceed ten dollars per hour each for every hour or part thereof
of such service and such compensation shall be a charge against the
district. The board of commissioners shall cause to be prepared the
ballots for all elections, and may authorize the use of voting machines,
including lever voting machines, at any annual or special election of
the district. When using voting machines as described in article seven
of the election law, such voting machines shall be used in accordance
with the provisions contained in article nine of the election law.
SHOULD THE BOARD OF COMMISSIONERS UTILIZE SUCH MECHANICAL LEVER VOTING
MACHINES IN ANY ELECTION, THE BOARD OF COMMISSIONERS MUST ALSO PROVIDE
AT LEAST ONE VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF PARAGRAPHS A,
B, AND C OF SUBDIVISION TWO OF SECTION 7-202 OF THE ELECTION LAW. THE
BOARD OF COMMISSIONERS NEED ONLY MAKE SUCH VOTING SYSTEM AVAILABLE IN
ONE POLLING PLACE; HOWEVER, IT MUST BE ACCESSIBLE TO ALL VOTERS WITHIN
A. 7954 3
THE IMPROVEMENT DISTRICT THAT REQUIRE THE USE OF SUCH SYSTEM. Provided,
however, that nothing in this section shall be construed to require the
board of elections to maintain the care, custody or control of lever
voting machines. After the polls shall have been closed at any election,
the election inspectors and ballot clerks at each polling place shall
immediately canvass the ballots cast and shall publicly announce the
result of the vote at that polling place. Within twenty-four hours the
chairman of the board of commissioners, election inspectors and ballot
clerks shall execute and file a certificate of the result of the canvass
with the board of commissioners of the improvement district and with the
clerk of the town in which said district is located.
S 7. Subdivision 29 of section 176 of the town law, as amended by
chapter 170 of the laws of 2011, is amended to read as follows:
29. May authorize the use of voting machines, including lever voting
machines, at any annual or special election held within the fire
district. When using voting machines as described in article seven of
the election law, such voting machines shall be used in accordance with
the provisions contained in article nine of the election law. SHOULD
THE BOARD OF FIRE COMMISSIONERS UTILIZE SUCH MECHANICAL LEVER VOTING
MACHINES IN ANY ELECTION, THE BOARD OF FIRE COMMISSIONERS MUST ALSO
PROVIDE AT LEAST ONE VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF PARA-
GRAPHS A, B, AND C OF SUBDIVISION TWO OF SECTION 7-202 OF THE ELECTION
LAW. THE BOARD OF FIRE COMMISSIONERS NEED ONLY MAKE SUCH VOTING SYSTEM
AVAILABLE IN ONE POLLING PLACE; HOWEVER, IT MUST BE ACCESSIBLE TO ALL
VOTERS WITHIN THE FIRE, FIRE ALARM AND FIRE PROTECTION DISTRICTS THAT
REQUIRE THE USE OF SUCH SYSTEM. Provided, however, that 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 8. Paragraph g of subdivision 2 of section 1951 of the education
law, as amended by chapter 359 of the laws of 2010, is amended to read
as follows:
g. If the board of cooperative educational services shall so deter-
mine, voting machines, including lever voting machines, may be used for
recording the vote at such meeting. Before any such machine is used at
any such meeting, the inspectors of election shall examine it and see
that all the counters are set at zero (000) and that the ballot labels
are properly placed, and that the machine is in all respects in proper
condition for use. The use of such machine shall be deemed a compliance
with any provision of law requiring the vote to be by ballot. The board
of cooperative educational services may purchase the necessary voting
machine or machines; or if the county board of elections shall consent
thereto, such machines belonging to the county or belonging to the town
in which any part of said board of cooperative educational services
shall be located may be used at any such meeting, the expense of deliv-
ery and returning and setting up, and any other expense connected there-
with shall be defrayed by the board of cooperative educational services;
but such machines belonging to the county shall not be so used at the
time or times when they may be required under the election law. SHOULD
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES UTILIZE SUCH MECHANICAL
LEVER VOTING MACHINES IN ANY ELECTION, SUCH BOARD MUST ALSO PROVIDE AT
LEAST ONE VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF PARAGRAPHS A, B,
AND C OF SUBDIVISION TWO OF SECTION 7-202 OF THE ELECTION LAW. THE BOARD
OF COOPERATIVE EDUCATIONAL SERVICES NEED ONLY MAKE SUCH VOTING SYSTEM
AVAILABLE IN ONE POLLING PLACE; HOWEVER, IT MUST BE ACCESSIBLE TO ALL
VOTERS WITHIN THE SCHOOL DISTRICT THAT REQUIRE THE USE OF SUCH SYSTEM.
Nothing in this subdivision shall be construed to require the board of
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elections to maintain the care, custody or control of lever voting
machines.
S 9. Subdivision 1 of section 2035 of the education law, as amended by
chapter 359 of the laws of 2010, is amended to read as follows:
1. If the trustees or board of education of any school district shall
so determine, voting machines, including lever voting machines, may be
used for recording the vote on elections and questions, or either, at
the school district meetings or elections, annual and special, or
either, in such district. Before any such machine is used at any such
meeting or election, the inspectors of election shall examine it and see
that all the counters are set at zero (000) and that the ballot labels
are properly placed, and that the machine is in all respects in proper
condition for use. The use of such machine shall be deemed a compliance
with any provision of law requiring the vote to be by ballot. Such trus-
tees or board of education, with district funds available, may purchase
the necessary voting machine or machines; or, if the county board of
elections shall consent thereto, such machines belonging to the county
or belonging to the town in which any part of said school district shall
be located, may be used at any such meeting, the expense of delivery and
returning and setting up, and any other expense connected therewith, to
be defrayed by the school district; but such machines belonging to the
county shall not be so used at the time or times when they may be
required under the election law. SHOULD THE TRUSTEES OR BOARD OF EDUCA-
TION UTILIZE SUCH MECHANICAL LEVER VOTING MACHINES IN ANY ELECTION, SUCH
TRUSTEES OR BOARD MUST ALSO PROVIDE AT LEAST ONE VOTING SYSTEM THAT
MEETS THE REQUIREMENTS OF PARAGRAPHS A, B, AND C OF SUBDIVISION TWO OF
SECTION 7-202 OF TH ELECTION LAW. THE TRUSTEES OR BOARD OF EDUCATION
NEED ONLY MAKE SUCH VOTING SYSTEM AVAILABLE IN ONE POLLING PLACE; HOWEV-
ER, IT MUST BE ACCESSIBLE TO ALL VOTERS WITHIN THE SCHOOL DISTRICT THAT
REQUIRES THE USE OF SUCH SYSTEM. Nothing in this subdivision shall be
construed to require the board of elections to maintain the care, custo-
dy or control of lever voting machines.
S 10. This act shall take effect immediately.