senate Bill S4088B

Signed By Governor
2013-2014 Legislative Session

Relates to run-off elections in the city of New York

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Sponsored By

Archive: Last Bill Status Via A7832 - 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 08, 2013 approval memo.1
signed chap.99
Jul 02, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.371
substituted for s4088c
Jun 20, 2013 substituted by a7832b
Jun 17, 2013 amended on third reading (t) 4088c
vote reconsidered - restored to third reading
Jun 17, 2013 returned to senate
recalled from assembly
May 06, 2013 referred to election law
delivered to assembly
passed senate
May 01, 2013 amended on third reading (t) 4088b
Apr 24, 2013 advanced to third reading
Apr 23, 2013 2nd report cal.
amended 4088a
Apr 22, 2013 1st report cal.371
Mar 07, 2013 referred to elections

Votes

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Apr 22, 2013 - Elections committee Vote

S4088
8
0
committee
8
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 22, 2013

aye wr (1)

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S4088 - Bill Details

Law Section:
Election Law
Laws Affected:
Amd §7-200 & 8-100, El L

S4088 - Bill Texts

view summary

Relates to run-off elections in the city of New York.

view sponsor memo
BILL NUMBER:S4088

TITLE OF BILL: An act to amend the election law, in relation to
authorizing the use of mechanical voting machines for non-federal
elections in the city of New York

PURPOSE: This bill would authorize the New York City Board of
Elections to conduct its non-federal elections using the lever voting
machines.

SUMMARY OF PROVISIONS:

Section one amends subdivision 1 of section 7-200 of the Election Law
to authorize the New York City Board of Elections to prepare, deploy,
and utilize mechanical lever voting machines in and for any
non-Federal elections. If such machines are used, the Board of
Elections must also provide a voting system that meets the
requirements of Election Law section 7-202(2).

Section two provides that this act shall take effect immediately.

EXISTING LAW: Current law restricts the use of mechanical lever
operated machines.

JUSTIFICATION: The bill authorizes the New York City board of
elections to conduct its nonfederal elections using the lever voting
machines.

Since 2010, the board of elections of the City of New York has
conducted its elections on new electronic voting machines. These
machines were purchased under a mandate from the federal government
requiring New York to replace its lever voting machines for federal
elections.

The lever voting machines had been successfully used in New York for
over one hundred years. The lever machines have proven reliable and
easy for voters to use.

This year, the City of New York faces the prospect of three elections
over a two month period, the primary, a run-off primary, and the
general election. The offices up for election this year include the
Mayors City Comptroller, Public Advocate, Borough President and all of
the city Council seats. The experience that the City has endured since
the introduction of the electronic voting systems indicates that the
new system will not allow for the orderly conduct of the election
particularly if there needs to be run-off primary pursuant to election
law section 6-162. The time required to properly test the electronic
machines makes the two-week window between these two primaries almost
impossible to comply with. This is particularly true in the event the
run-off candidates are not readily discernible on the day after the
primary election, a scenario that is likely to occur. The use of the
lever voting machines will expedite the canvass of the votes cast at
the primary election and will markedly reduce the number of paper
ballots that would need to be hand canvassed. It is a very real
possibility that the use of the paper ballots with the scanners could


result in a hand count of one or more of the contests, a scenario that
would make the run-off impossible to hold in the required time frame.

In addition, the ballots on the new voting systems are creating many
readability problems for voters. The names of the candidates and the
other information on the ballots are in such small print that the
voters are not able to read the ballot or understand where they need
to mark the ballot.

The voters' familiarity with the lever voting machines, their ease of
use, and their reliability all dictate the need to allow the City
board of elections the ability to use these machines for this most
important election this fall. The City simply cannot risk the
possibility that the new voting systems will fail to provide a full
and fair election. This bill gives the City the necessary authority to
use a voting process that has proven to work in the past and alleviate
what could be an unnecessarily chaotic election.

In order to accommodate the disabled voters, the bill mandates that if
the board of elections chooses to use the lever voting machines, they
must also have each polling pace outfitted with a voting machine
designed to allow voting by disabled voters. These voting systems,
already owned and used by the board of elections, will ensure that our
disabled community is provided with accessible voting machines.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: It is the sponsors understanding that the use of
the mechanical lever voting machines will save the City of New York a
significant amount of money.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  4088

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  LANZA,  FELDER -- 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 authorizing the use of
  mechanical voting machines for non-federal elections in  the  city  of
  New York

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

  Section 1. 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.
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.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW,
THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK IS HEREBY  AUTHORIZED  TO
PREPARE,  DEPLOY AND UTILIZE MECHANICAL LEVER VOTING MACHINES IN AND FOR
ANY NON-FEDERAL ELECTIONS CONDUCTED PURSUANT TO SECTION  8-100  OF  THIS
CHAPTER.  SHOULD  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK UTILIZE
SUCH MECHANICAL LEVER VOTING MACHINES IN ANY SUCH  ELECTION,  THE  BOARD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09741-01-3

S. 4088                             2

MUST  ALSO PROVIDE A VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF SUBDI-
VISION TWO OF SECTION 7-202 OF THIS TITLE IN EACH POLLING SITE.
  S 2. This act shall take effect immediately.

Co-Sponsors

S4088A - Bill Details

Law Section:
Election Law
Laws Affected:
Amd §7-200 & 8-100, El L

S4088A - Bill Texts

view summary

Relates to run-off elections in the city of New York.

view sponsor memo
BILL NUMBER:S4088A

TITLE OF BILL: An act to amend the election law, in relation to
authorizing the use of mechanical voting machines for non-federal
elections in the city of New York

PURPOSE: This bill would authorize the New York City Board of
Elections to conduct its non-federal elections using the lever voting
machines.

SUMMARY OF PROVISIONS:

Section one amends subdivision 1 of section 7-200 of the Election Law
to authorize the New York City Board of Elections to prepare, deploy,
and utilize mechanical lever voting machines in and for any
non-Federal elections. If such machines are used, the Board of
Elections must also provide a voting system that meets the
requirements of Election Law section 7-202(2).

Section two provides that this act shall take effect immediately.

EXISTING LAW: Current law restricts the use of mechanical lever
operated machines.

JUSTIFICATION: The bill authorizes the New York City board of
elections to conduct its nonfederal elections using the lever voting
machines.

Since 2010, the board of elections of the City of New York has
conducted its elections on new electronic voting machines These
machines were purchased under a mandate from the federal government
requiring New York to replace its lever voting machines for federal
elections.

The lever voting machines had been successfully used in New York for
over one hundred years. The lever machines have proven reliable and
easy for voters to use.

This year, the City of New York faces the prospect of three elections
over a two month period, the primary, a run-off primary, and the
general election. The offices up for election this year include the
Mayors City Comptroller, Public Advocate, Borough President and all of
the city Council seats. The experience that the City has endured since
the introduction of the electronic voting systems indicates that the
new system will not allow for the orderly conduct of the election
particularly if there needs to be run-off primary pursuant to election
law section 6-162. The time required to properly test the electronic
machines makes the two-week window between these two primaries almost
impossible to comply with. This is particularly true in the event the
run-off candidates are not readily discernible on the day after the
primary election, a scenario that is likely to occur. The use of the
lever voting machines will expedite the canvass of the votes cast at
the primary election and will markedly reduce the number of paper
ballots that would need to be hand canvassed. It is a very real
possibility that the use of the paper ballots with the scanners could
result in a hand count of one or more of the contests, a scenario that
would make the run-off impossible to hold in the required time frame.


In addition, the ballots on the new voting systems are creating many
readability problems for voters. The names of the candidates and the
other information on the ballots are in such small print that the
voters are not able to read the ballot or understand where they need
to mark the ballot.

The voters' familiarity with the lever voting machines, their ease of
use, and their reliability all dictate the need to allow the City
board of elections the ability to use these machines for this most
important election this fall. The City simply cannot risk the
possibility that the new voting systems will fail to provide a full
and fair election. This bill gives the City the necessary authority to
use a voting process that has proven to work in the past and alleviate
what could be an unnecessarily chaotic election.

In order to accommodate the disabled voters, the bill mandates that if
the board of elections chooses to use the lever voting machines, they
must also have each polling pace outfitted with a voting machine
designed to allow voting by disabled voters. These voting systems,
already owned and used by the board of elections, will ensure that our
disabled community is provided with accessible voting machines.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: The use of the mechanical lever voting machines
will save the City of New York a significant amount of money.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4088--A
    Cal. No. 371

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  LANZA,  FELDER -- read twice and ordered
  printed, and  when  printed  to  be  committed  to  the  Committee  on
  Elections  -- reported favorably from said committee, ordered to first
  report, amended on first  report,  ordered  to  a  second  report  and
  ordered reprinted, retaining its place in the order of second report

AN  ACT to amend the election law, in relation to authorizing the use of
  mechanical voting machines for non-federal elections in  the  city  of
  New York

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

  Section 1. 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.
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.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW,
INCLUDING BUT NOT LIMITED TO ANY PROVISIONS OF THIS CHAPTER  THAT  WOULD
RENDER IMPLEMENTATION OF THE AUTHORITY CONFERRED BY THIS SENTENCE INFEA-
SIBLE  OR  IMPRACTICABLE, THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09741-02-3

S. 4088--A                          2

IS HEREBY AUTHORIZED TO PREPARE, DEPLOY  AND  UTILIZE  MECHANICAL  LEVER
VOTING  MACHINES IN AND FOR ANY NON-FEDERAL ELECTIONS CONDUCTED PURSUANT
TO SECTION 8-100 OF THIS CHAPTER. SHOULD THE BOARD OF ELECTIONS  OF  THE
CITY  OF  NEW  YORK UTILIZE SUCH MECHANICAL LEVER VOTING MACHINES IN ANY
SUCH ELECTION, THE BOARD MUST ALSO PROVIDE A VOTING  SYSTEM  THAT  MEETS
THE  REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDIVISION TWO OF SECTION
7-202 OF THIS TITLE IN EACH POLLING SITE.
  S 2. This act shall take effect immediately.

Co-Sponsors

S4088B - Bill Details

Law Section:
Election Law
Laws Affected:
Amd §7-200 & 8-100, El L

S4088B - Bill Texts

view summary

Relates to run-off elections in the city of New York.

view sponsor memo
BILL NUMBER:S4088B

TITLE OF BILL: An act to amend the election law, in relation to
authorizing the use of mechanical voting machines for non-federal
elections in the city of New York; and in relation to the date upon
which a run-off primary election is to be held in the city of New York
during the 2013 calendar year; and providing for the repeal of certain
provisions upon the expiration thereof

PURPOSE:

This bill would authorize the New York City Board of Elections to
conduct its non-federal elections using the lever voting machines.

SUMMARY OF PROVISIONS:

Section one amends subdivision 1 of section 7-200 of the Election Law
to authorize the New York City Board of Elections to prepare, deploy,
and utilize mechanical lever voting machines in and for any
non-Federal elections. If such machines are used, the Board of
Elections must also provide a voting system that meets the
requirements of Election Law section 7-202(2).

Section three provides that this act shall take effect immediately.

EXISTING LAW:

Current law restricts the use of mechanical lever operated machines.

JUSTIFICATION:

The bill authorizes the New York City board of elections to conduct
its nonfederal elections using the lever voting machines.

Since 2010, the board of elections of the City of New York has
conducted its elections on new electronic voting machines These
machines were purchased under a mandate from the federal government
requiring New York to replace its lever voting machines for federal
elections.

The lever voting machines had been successfully used in New York for
over one hundred years. The lever machines have proven reliable and
easy for voters to use.

This year, the City of New York faces the prospect of three elections
over a two month period, the primary, a run-off primary, and the
general election. The offices up for election this year include the
Mayors City Comptroller, Public Advocate, Borough President and all of
the city Council seats. The experience that the City has endured since
the introduction of the electronic voting systems indicates that the
new system will not allow for the orderly conduct of the election
particularly if there needs to be run-off primary pursuant to election
law section 6-162. The time required to properly test the electronic
machines makes the two-week window between these two primaries almost
impossible to comply with. This is particularly true in the event the
run-off candidates are not readily discernible on the day after the
primary election, a scenario that is likely to occur. The use of the


lever voting machines will expedite the canvass of the votes cast at
the primary election and will markedly reduce the number of paper
ballots that would need to be hand canvassed. It is a very real
possibility that-the use of the paper ballots with the scanners could
result in a hand count of one or more of the contests, a scenario that
would make the run-off impossible to hold in the required time frame.

In addition, the ballots on the new voting systems are creating many
readability problems for voters. The names of the candidates and the
other information on the ballots are in such small print that the
voters are not able to read the ballot or understand where they need
to mark the ballot.

The voters' familiarity with the lever voting machines, their ease of
use, and their reliability all dictate the need to allow the City
board of elections the ability to use these machines for this most
important election this fall. The City simply cannot risk the
possibility that the new voting systems will fail to provide a full
and fair election. This bill gives the City the necessary authority to
use a voting process that has proven to work in the past and alleviate
what could be an unnecessarily chaotic election.

In order to accommodate the disabled voters, the bill mandates that if
the board of elections chooses to use the lever voting machines, they
must also have each polling pace outfitted with a voting machine
designed to allow voting by disabled voters. These voting systems,
already owned and used by the board of elections, will ensure that our
disabled community is provided with accessible voting machines.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

The use of the mechanical lever voting machines will save the City of
New York a significant amount of money.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4088--B
    Cal. No. 371

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  LANZA,  FELDER -- read twice and ordered
  printed, and  when  printed  to  be  committed  to  the  Committee  on
  Elections  -- reported favorably from said committee, ordered to first
  report, amended on first  report,  ordered  to  a  second  report  and
  ordered  reprinted,  retaining its place in the order of second report
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing its place in the order of third reading

AN  ACT to amend the election law, in relation to authorizing the use of
  mechanical voting machines for non-federal elections in  the  city  of
  New  York;  and  in  relation to the date upon which a run-off primary
  election is to be held in the city of New York during the 2013  calen-
  dar  year; and providing for the repeal of certain provisions upon the
  expiration thereof

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

  Section  1.  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.
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09741-03-3

S. 4088--B                          2

one  year  each,  voting machines or systems of any type approved by the
state board of elections.  NOTWITHSTANDING ANY OTHER PROVISIONS OF  LAW,
INCLUDING  BUT  NOT LIMITED TO ANY PROVISIONS OF THIS CHAPTER THAT WOULD
RENDER IMPLEMENTATION OF THE AUTHORITY CONFERRED BY THIS SENTENCE INFEA-
SIBLE  OR  IMPRACTICABLE, THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
IS HEREBY AUTHORIZED TO PREPARE, DEPLOY  AND  UTILIZE  MECHANICAL  LEVER
VOTING  MACHINES IN AND FOR ANY NON-FEDERAL ELECTIONS CONDUCTED PURSUANT
TO SECTION 8-100 OF THIS CHAPTER. SHOULD THE BOARD OF ELECTIONS  OF  THE
CITY  OF  NEW  YORK UTILIZE SUCH MECHANICAL LEVER VOTING MACHINES IN ANY
SUCH ELECTION, THE BOARD MUST ALSO PROVIDE A VOTING  SYSTEM  THAT  MEETS
THE  REQUIREMENTS OF PARAGRAPHS A, B AND C OF SUBDIVISION TWO OF SECTION
7-202 OF THIS TITLE IN EACH POLLING SITE.
  S 2. Paragraph (b) of subdivision 1 of section 8-100 of  the  election
law,  as added by chapter 373 of the laws of 1978, is amended to read as
follows:
  (b) In the event a run-off primary election is required in the city of
New York, it shall be held on the second  Tuesday  next  succeeding  the
date  on which the initial primary election was held; PROVIDED, HOWEVER,
THAT IN THE EVENT THAT A RUN-OFF PRIMARY ELECTION  IS  REQUIRED  IN  THE
CITY  OF  NEW  YORK DURING THE TWO THOUSAND THIRTEEN CALENDAR YEAR, SUCH
ELECTION SHALL BE HELD ON THE THIRD TUESDAY NEXT SUCCEEDING THE DATE  ON
WHICH THE INITIAL PRIMARY ELECTION WAS HELD.
  S 3. This act shall take effect immediately; provided that section two
of this act shall expire and be deemed repealed January 1, 2014.

Co-Sponsors

S4088C (ACTIVE) - Bill Details

Law Section:
Election Law
Laws Affected:
Amd §7-200 & 8-100, El L

S4088C (ACTIVE) - Bill Texts

view summary

Relates to run-off elections in the city of New York.

view sponsor memo
BILL NUMBER:S4088C

TITLE OF BILL:
An act
to amend the election law, in relation to run-off elections in the city
of New York; and providing for the repeal of such provisions upon the
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
New York State Election Law §6-162 requires that the city of New York
conduct a run-off election two weeks after a primary election in the
event that no candidate for Mayor, Public Advocate or Comptroller
receives 40% or more of the primary vote. New York City is the only
jurisdiction in the state required to hold a run-off election. This
year is the first city-wide election in which optical scanning
machines will be used in a run-off election should the need for one
arise. In the event that a run-off election is required, there will
be a need for a very quick post-primary election vote canvass.
Therefore, the board of elections in the city of New York has
expressed a desire to have the authority to use mechanical lever
voting machines for the primary election and/or the run-off - in 2013
alone- if the board deems it necessary. Therefore, this bill allows
the board of elections in the city of New York to use mechanical
lever machines in the primary and/or run-off elections under certain
limited circumstances. In addition, this legislation extends to three
weeks, up from two weeks, the timeframe in which the City must
conduct such a runoff election.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is legislative findings.

Section 2 of the bill amends § 4-114(1) of the election law to require
that the Board of Elections of the city of New York shall determine
the candidates duly nominated for public office and the questions
that shall appear on the ballot within the jurisdiction of such board
of elections not later than the twenty-eighth day preceding a general
election.

Section 3 of the bill amends § 7-200(1) of the election law to allow the
board of elections in the city of New York the option to use lever
machines in the primary election if such board of elections
determines that the use of such mechanical lever machines are
necessary to ensure the timely and orderly administration of the
primary, including, but not limited to a timely vote count. Section 3
of the bill further authorizes
the board of elections in the city of New York the option to use lever
machines in the run-off election if such board of elections
determines that the use of the state approved optical scanning voting
machines at the run-off is impractical given the costs and statutory
time
constraints associated with the preparation, deployment and use of the

optical scanning machines. This section of the legislation also
ensures that ballots marking devices be used at all polling places in
the city of New York if the board of elections if such city exercises
its option to use mechanical lever voting machines.

Section 4 of the bill amends §8-100(1)(b) of the election law to
specify that in the event of a run-off election, pursuant to §6-162
of the election law, in the city of New York, that such run-off shall
be held on the third Tuesday next succeeding the date on which the
primary election was held.

Section 5 of the bill amends § 8-412(1) of the election law to allow
for absentee ballots cast in the general election (in a year in which
there is a run-off) in the city of New York to be returned up to 14
days after such election.

Section 6 of the bill amends .9-214 of the election law to extend to
not later than 30 days after the general election the time in which
the board of elections in the City of New York of shall transmit to
the secretary of state a list of the names and residences of all
persons determined to have been elected to any county office. Such
provision shall only apply to offices in the city of New York and
only in a year in which there has been a run-off election.

Section 7 of the bill amends § 10-108(1)(a) of the election law to
state that in any year in which there has been a run-off election in
the city of New York that ballots for military voters shall be
transmitted to such voters as soon as practicable, but in any event
not later than 25 days before a general election in that year.

Section 8 of the bill amends § 10-114(1) of the election law to allow
for military ballots cast in the general election (in a year in which
there is a run-off) in the city of New York to be returned up to 20
days after such election.

Section 9 of the bill notwithstands any provision of general, special
or local law that would render the preparation, deployment and
utilization of lever voting machines impractical where the board of
elections in the city of New York makes a determination with respect
to such machines as authorized by section three of this bill.

Section 10 of the bill requires the board of elections in the city of
New York to issue a report, on or before July 1, 2014, to various
government officials detailing a plan for administering effective and
timely elections in the city of New York using optical scanning
voting systems that meet the requirements of the election law. In
addition to other requirements, such report must include a plan for
further education and training of board of elections staff and
election day workers regarding the needs of voters with disabilities.

Section 11 requires the NYCBO to The board of elections in the city of
New York shall adopt procedures regarding the preparation, deployment

and utilization of mechanical lever voting machines should such board
of elections determine under section three of this act that such
lever voting machines shall be used. Such procedures shall seek to
ensure that the canvass and recanvass of the mechanical lever voting
machines occurs in a timely and efficient manner.

Section 12 of the bill is the effective date.

JUSTIFICATION:
Pursuant to the Help America Vote Act (HAVA), New York State adopted
optical scanning voting machines for use in all elections governed by
the state election law. This policy was fully realized beginning with
the elections in 2010. The board of elections of the city of New
York, along with other county boards of elections, has been diligent
in training staff and poll workers in the operation, use and
maintenance of these optical scanning machines. These optical
scanning machines have thoroughly modernized the way elections are
administered in New York State. Because the optical scanning machines
were specifically designed to retain.and produce voter verifiable
voting records, the canvass of votes as well as the testing of
machines takes a little more time than the old mechanical lever
voting machines. County boards of elections throughout the state
recognize the superior technology that optical scanning machines
provide and have embraced it. However, in recognition of the unique
circumstance that the city of New York is subject to the state's only
run-off election, and the city of New York's size, the board of
elections in the city of New York has stated that it will be very
difficult to canvass, audit and test all of their optical
scanning voting machines after a primary in time for a run-off
election two weeks later. The board of elections in the city of New
York is confident that in future years, these issues can and will be
resolved in order to accommodate the statutory run-off election.
However, this year the board of elections in the city of New York has
asked for a onetime dispensation to use mechanical lever voting
machines if the board shall deem it necessary.

This bill affords the board of elections in the city of New York the
opportunity to use mechanical lever voting machines in both the
primary and run-off election should the board of elections
specifically determine the necessity for their use. Also, an
additional week is allotted for the board of elections in the city of
New York to prepare for the run-off election should there be one.

As the election law contains a carefully drawn political calendar,
adjusting the time for the holding of a run-off election in the city
of New York necessarily resulted in the pushing back of certain
deadlines. Such changes are also reflected in this bill.

PRIOR LEGISLATIVE HISTORY:
None

FISCAL IMPLICATION:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed December 31, 2013, except. that section 10 of this act shall
expire and be deemed repealed on August 1, 2014.

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

                                 4088--C
    Cal. No. 371

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  LANZA,  FELDER -- read twice and ordered
  printed, and  when  printed  to  be  committed  to  the  Committee  on
  Elections  -- reported favorably from said committee, ordered to first
  report, amended on first  report,  ordered  to  a  second  report  and
  ordered  reprinted,  retaining its place in the order of second report
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing  its  place in the order of third reading --  passed by Senate and
  delivered to the Assembly, recalled, vote  reconsidered,  restored  to
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

AN ACT to amend the election law, in relation to  run-off  elections  in
  the  city of New York; and providing for the repeal of such provisions
  upon the expiration thereof

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

  Section  1.  Legislative  findings. The legislature finds and declares
that the effective and timely administration of local elections  in  the
city  of  New York is a matter of substantial state concern. In further-
ance of this concern, the legislature finds that it is essential to  the
local  democratic  process  to ensure that the board of elections in the
city of New York utilizes voting machines that allow for the timely  and
orderly  administration  of  elections. In order to modernize and update
the voting systems utilized in New York State,  the  legislature  passed
the  Election  Reform  and  Modernization  Act  of 2005, which set forth
requirements for electronic voting systems, including  optical  scanning
voting machines, throughout the state. The implementation of these elec-
tronic  voting  systems  has  brought  the  state  into conformance with
national standards for voting system performance and modernization.  The
state  has a substantial interest in ensuring that elections in the city
of New York are generally conducted with  an  electronic  voting  system
that  meets  the  above mentioned statewide standards. At the same time,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09741-04-3

S. 4088--C                          2

the city of New York is uniquely situated in that a run-off  primary  is
required  to  be  held  two  weeks  after  the local primary election in
certain circumstances. In recent  elections  administered  with  optical
scanning  voting  machines, approved by the state board of elections, it
has taken over two weeks for the board of elections in the city  of  New
York  to  finalize  election results. A series of one-time and immediate
short-term changes to the current election law, as applied to  the  city
of  New York, are therefore necessary to further the state's substantial
concerns and ensure that the 4.2 million registered voters in  the  city
of  New  York  are  able to exercise their voting rights in a timely and
orderly primary election and  run-off  election,  should  a  run-off  be
required.
  S 2. Section 4-114 of the election law, as amended by chapter 4 of the
laws of 2011, is amended to read as follows:
  S  4-114.  Determination  of candidates and questions; county board of
elections. The county board of elections, not  later  than  the  thirty-
fifth  day  before  the  day  of  a  primary or general election, or the
fifty-third day before a special election, shall  determine  the  candi-
dates  duly  nominated  for  public  office and the questions that shall
appear on the ballot within the jurisdiction of that board of elections.
PROVIDED, HOWEVER, IN ANY  YEAR  IN  WHICH  THERE  HAS  BEEN  A  RUN-OFF
ELECTION  IN  THE  CITY OF NEW YORK, THE BOARD OF ELECTIONS OF SUCH CITY
SHALL, NOT LATER THAN THE TWENTY-EIGHTH DAY BEFORE THE GENERAL  ELECTION
IN  THAT YEAR, DETERMINE THE CANDIDATES DULY NOMINATED FOR PUBLIC OFFICE
AND THE QUESTIONS THAT SHALL APPEAR ON THE BALLOT WITHIN  THE  JURISDIC-
TION OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK.
  S 3. 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.
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.
  (A) (I) THE BOARD OF ELECTIONS IN THE CITY OF NEW  YORK  SHALL  DEPLOY
AND UTILIZE OPTICAL SCANNING VOTING MACHINES APPROVED BY THE STATE BOARD
OF  ELECTIONS  AT  ALL  PRIMARY  ELECTIONS CONDUCTED PURSUANT TO SECTION
8-100 OF THIS CHAPTER.
  (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE BOARD  OF
ELECTIONS  IN  THE  CITY  OF  NEW  YORK IS HEREBY AUTHORIZED TO PREPARE,
DEPLOY AND UTILIZE MECHANICAL LEVER VOTING MACHINES AT  ANY  NON-FEDERAL
PRIMARY  ELECTION,  CONDUCTED PURSUANT TO SECTION 8-100 OF THIS CHAPTER.
THE PREPARATION, DEPLOYMENT AND UTILIZATION  OF  SUCH  MECHANICAL  LEVER
MACHINES  SHALL  ONLY OCCUR AFTER SUCH BOARD OF ELECTIONS DETERMINES THE
USE OF SUCH MECHANICAL LEVER MACHINES  AT  SUCH  A  NON-FEDERAL  PRIMARY
ELECTION IS NECESSARY TO ENSURE THE TIMELY AND ORDERLY ADMINISTRATION OF
THE PRIMARY ELECTION, INCLUDING BUT NOT LIMITED TO A TIMELY VOTE COUNT.

S. 4088--C                          3

  (B)  (I)  THE  BOARD OF ELECTIONS IN THE CITY OF NEW YORK SHALL DEPLOY
AND UTILIZE OPTICAL SCANNING VOTING MACHINES APPROVED BY THE STATE BOARD
OF ELECTIONS IN ALL RUN-OFF  ELECTIONS  CONDUCTED  PURSUANT  TO  SECTION
8-100 OF THIS CHAPTER.
  (II)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE BOARD OF
ELECTIONS IN THE CITY OF NEW  YORK  IS  HEREBY  AUTHORIZED  TO  PREPARE,
DEPLOY  AND  UTILIZE  MECHANICAL  LEVER  VOTING  MACHINES AT ANY RUN-OFF
ELECTION, CONDUCTED PURSUANT TO SECTION 8-100 OF THIS CHAPTER. THE PREP-
ARATION, DEPLOYMENT AND UTILIZATION OF SUCH  MECHANICAL  LEVER  MACHINES
SHALL ONLY OCCUR AFTER SUCH BOARD OF ELECTIONS DETERMINES THAT THE PREP-
ARATION,  DEPLOYMENT AND UTILIZATION OF OPTICAL SCANNING VOTING MACHINES
APPROVED BY THE STATE BOARD OF ELECTIONS, AT SUCH  RUN-OFF  ELECTION  IS
IMPRACTICABLE  GIVEN THE COSTS AND STATUTORY TIME CONSTRAINTS ASSOCIATED
WITH THE PREPARATION, DEPLOYMENT AND UTILIZATION OF SUCH  OPTICAL  SCAN-
NING MACHINES.
  (C) SHOULD THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK DETERMINE TO
UTILIZE  SUCH MECHANICAL LEVER VOTING MACHINES PURSUANT TO PARAGRAPH (A)
OR (B) OF THIS SUBDIVISION, IN ANY PRIMARY OR RUN-OFF ELECTION, PURSUANT
TO SECTION 8-100 OF THIS CHAPTER, SUCH DETERMINATION SHALL BE MADE ON OR
BEFORE JULY TWENTY-SEVENTH, TWO THOUSAND THIRTEEN.   SHOULD THE  CHAPTER
OF  THE  LAWS  OF  TWO  THOUSAND THIRTEEN THAT ADDED THIS PARAGRAPH TAKE
EFFECT ON A DATE ON OR AFTER JULY SEVENTEENTH,  TWO  THOUSAND  THIRTEEN,
THEN  SUCH  DETERMINATION SHALL BE MADE WITHIN TEN DAYS AFTER SUCH DATE.
IN NO EVENT SHALL SUCH DETERMINATION BE MADE AFTER AUGUST  THIRTY-FIRST,
TWO THOUSAND THIRTEEN.
  (D) SHOULD THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK UTILIZE SUCH
MECHANICAL  LEVER  VOTING  MACHINES  PURSUANT TO PARAGRAPH (A) OR (B) OF
THIS SUBDIVISION, IN  ANY  PRIMARY  OR  RUN-OFF  ELECTION,  PURSUANT  TO
SECTION 8-100 OF THIS CHAPTER, SUCH BOARD OF ELECTIONS MUST ALSO PROVIDE
A  VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF
SUBDIVISION TWO OF SECTION 7-202 OF THIS TITLE IN EACH POLLING SITE.
  S 4. Paragraph (b) of subdivision 1 of section 8-100 of  the  election
law,  as added by chapter 373 of the laws of 1978, is amended to read as
follows:
  (b) In the event a run-off primary election is required in the city of
New York, it shall be held on the [second] THIRD Tuesday next succeeding
the date on which the initial primary election was held.
  S 5. Subdivision 1 of section 8-412 of the election law, as amended by
chapter 155 of the laws of 1994, is amended to read as follows:
  1. The board of elections shall cause all absentee ballots received by
it before the close of  the  polls  on  election  day  and  all  ballots
contained  in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the  United  States  govern-
ment,  with  a  date  which  is ascertained to be not later than the day
before election and received by such board of elections not  later  than
seven days following the day of election, OR FOURTEEN DAYS FOLLOWING THE
DAY OF THE GENERAL ELECTION IN THE CITY OF NEW YORK IN ANY YEAR IN WHICH
THERE  HAS  BEEN  A RUN-OFF ELECTION, to be cast and counted except that
the absentee ballot of a voter who  requested  such  ballot  by  letter,
rather than application, shall not be counted unless a valid application
form,  signed  by such voter, is received by the board of elections with
such ballot.
  S 6. Section 9-214 of the election law, the section heading and  first
undesignated  paragraph  as  amended by chapter 286 of the laws of 1983,

S. 4088--C                          4

and the second undesignated paragraph as amended by  chapter  4  of  the
laws of 2011, is amended to read as follows:
  S  9-214.  Transmission  of  statements  of canvassing boards to state
board of elections and secretary of state. The board of elections  shall
transmit  by mail or cause to be delivered personally to the state board
of elections, a certified copy of the statement of the canvassing  board
relating  to  the offices of electors of president and vice-president of
the United States, United States senator,  representatives  in  congress
and  state  offices, including members of the state senate and assembly,
and to the votes cast on any ballot proposal submitted to all the voters
of the state, within twenty-five days after the election. If any  certi-
fied  copy  shall  not  be  received by the state board on or before the
twenty-fifth day following a general election, or a special election, it
shall dispatch a special messenger to obtain such  certified  copy,  and
the board of elections, immediately upon demand of such messenger at its
office,  shall  make  and deliver a certified copy to such messenger who
shall deliver it forthwith to the state board.
  The board of elections shall transmit to the secretary of state within
twenty-five days after a general election, and within twenty days  after
a  special  election,  a list of the names and residences of all persons
determined by the canvassing board to be elected to any  county  office.
NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN ANY YEAR IN
WHICH  THERE  HAS  BEEN  A RUN-OFF ELECTION IN THE CITY OF NEW YORK, THE
BOARD OF ELECTIONS IN THE CITY OF NEW YORK SHALL TRANSMIT TO THE  SECRE-
TARY  OF  STATE NOT LATER THAN THIRTY DAYS AFTER THE GENERAL ELECTION IN
THAT YEAR A LIST OF THE NAMES AND RESIDENCES OF ALL  PERSONS  DETERMINED
BY THE CANVASSING BOARD TO BE ELECTED TO ANY COUNTY OFFICE.
  The board of elections shall transmit to the state board, on or before
the  tenth  day of December following an election for governor, a certi-
fied tabulated statement, by election districts, of the official canvass
of the votes cast for candidates for governor, to include, in  the  case
of  a  candidate who was nominated by two or more parties or independent
bodies, a separate statement of the number of votes cast for him as  the
candidate  of  each  party or independent body by which he was nominated
and if the county contains more than one assembly district or  parts  of
more than one assembly district, a statement of the number of votes cast
for governor by assembly district.
  S  7. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 4 of the laws of 2011, is amended to read  as
follows:
  (a)  Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred  method
of  transmission  designated  by the voter pursuant to section 10-107 of
this article, as soon as practicable but in any  event  not  later  than
thirty-two  days  before a primary or general election; twenty-five days
before a New York city  community  school  board  district  or  city  of
Buffalo  school  district  election;  fourteen  days  before  a  village
election conducted by the board of elections; and forty-five days before
a special election.  NOTWITHSTANDING THE FOREGOING  PROVISIONS  OF  THIS
SECTION,  IN  ANY YEAR IN WHICH THERE HAS BEEN A RUN-OFF ELECTION IN THE
CITY OF NEW YORK, BALLOTS FOR MILITARY VOTERS SHALL BE MAILED OR  OTHER-
WISE  DISTRIBUTED  BY  THE BOARD OF ELECTIONS OF SUCH CITY IN ACCORDANCE
WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER PURSU-
ANT TO SECTION 10-107 OF THIS ARTICLE, AS SOON AS PRACTICABLE BUT IN ANY
EVENT NOT LATER THAN TWENTY-FIVE DAYS BEFORE A GENERAL ELECTION IN  THAT
YEAR.  A  voter who submits a military ballot application shall be enti-

S. 4088--C                          5

tled to a  military  ballot  thereafter  for  each  subsequent  election
through and including the next two regularly scheduled general elections
held  in  even  numbered  years, including any run-offs which may occur;
provided,  however, such application shall not be valid for any election
held within seven days after its receipt. Ballots shall also  be  mailed
to  any  qualified  military  voter  who  is  already registered and who
requests such military ballot from such board of elections in a  letter,
which  is signed by the voter and received by the board of elections not
later than the seventh day before the election for which the  ballot  is
requested and which states the address where the voter is registered and
the  address to which the ballot is to be mailed. The board of elections
shall enclose with such  ballot  a  form  of  application  for  military
ballot.  In the case of a primary election, the board shall deliver only
the ballot of the party  with  which  the  military  voter  is  enrolled
according  to  the military voter's registration records. In the event a
primary  election  is  uncontested  in  the  military  voter's  election
district  for  all  offices  or  positions  except the party position of
member of the ward, town, city or county committee, no ballot  shall  be
delivered  to  such  military  voter for such election; and the military
voter shall be advised of the reason why he or she will  not  receive  a
ballot.
  S  8.  Subdivision 1 of section 10-114 of the election law, as amended
by chapter 165 of the laws of 2009, is amended to read as follows:
  1. The board of elections shall cause all military ballots received by
it before the close of  the  polls  on  election  day  and  all  ballots
contained  in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the United States government
or are signed and dated by the voter and one  witness  thereto,  with  a
date  which  is ascertained to be not later than the day before election
and received by such board  of  elections  not  later  than  seven  days
following the day of a primary election and not later than thirteen days
following the day of a general or special election to be cast and count-
ed.    NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS SECTION, IN ANY
YEAR IN WHICH THERE HAS BEEN A RUN-OFF ELECTION IN THE CITY OF NEW YORK,
THE BOARD OF ELECTIONS OF SUCH CITY SHALL  CAUSE  ALL  MILITARY  BALLOTS
RECEIVED  BY  IT  BEFORE  THE CLOSE OF THE POLLS ON ELECTION DAY AND ALL
BALLOTS CONTAINED IN ENVELOPES SHOWING A CANCELLATION MARK OF THE UNITED
STATES POSTAL SERVICE OR FOREIGN COUNTRY'S POSTAL SERVICE, OR SHOWING  A
DATED  ENDORSEMENT  OF  RECEIPT  BY  ANOTHER AGENCY OF THE UNITED STATES
GOVERNMENT OR ARE SIGNED AND DATED BY THE VOTER AND ONE WITNESS THERETO,
WITH A DATE WHICH IS ASCERTAINED TO BE NOT LATER  THAN  THE  DAY  BEFORE
ELECTION  DAY  AND  RECEIVED  BY  SUCH BOARD OF ELECTIONS NOT LATER THAN
TWENTY DAYS FOLLOWING THE DAY OF A GENERAL ELECTION IN THAT YEAR  TO  BE
CAST AND COUNTED.
  S  9.  The  amendments to the election law set forth in this act shall
apply notwithstanding any other provision of general, special  or  local
law, including but not limited to any provision of law that would render
the  preparation,  deployment and utilization of mechanical lever voting
machines impracticable where the board of elections in the city  of  New
York  makes  a determination with respect to such machines as authorized
by subdivision 1 of section 7-200 of the  election  law  as  amended  by
section three of this act.
  S  10.   On or before July 1, 2014, the board of elections in the city
of New York shall submit a report to the governor,  temporary  president
of  the  senate, speaker of the assembly, minority leader of the senate,

S. 4088--C                          6

minority leader of the assembly, chair of the senate standing  committee
on  elections, chair of the assembly standing committee on election law,
mayor of the city of New York, and speaker of the New York city council,
detailing a plan for administering effective and timely elections in the
city  of  New  York with a voting machine system that meets the require-
ments of title 2 of article 7 of the election law and without the use of
mechanical lever machines. Such plan shall address, at a minimum, train-
ing of board of elections staff,  including  poll  clerks  and  election
inspectors  in  connection with the preparation, testing, deployment and
utilization of optical scanning voting machines approved  by  the  state
board  of  elections, including further education and training regarding
the needs of voters with disabilities, appropriate and effective methods
for streamlining election night canvassing procedures,  and  appropriate
and  effective  methods  of ensuring full and fair voting machine access
for all voters.
  S 11. The board of elections in the  city  of  New  York  shall  adopt
procedures  regarding  the  preparation,  deployment  and utilization of
mechanical lever voting machines should such board of  elections  deter-
mine  under  section  three  of this act that such lever voting machines
shall be used. Such procedures shall seek to ensure that the canvass and
recanvass of the mechanical lever voting machines occurs in a timely and
efficient manner and, to the extent practicable, in a manner not  incon-
sistent  with  article  9 of the election law as in effect on January 1,
2010, as such article applied to  elections  conducted  with  mechanical
lever voting machines.
  S  12.  This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2013, except that section ten of  this  act
shall expire and be deemed repealed August 1, 2014.

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