senate Bill S7371A

Signed By Governor
2013-2014 Legislative Session

Relates to the use of lever voting machines, the number and use of voting machines in village elections, and to the types of voting machines used in certain elections

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Archive: Last Bill Status Via A9321 - 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
Aug 11, 2014 signed chap.273
Aug 01, 2014 delivered to governor
Jun 18, 2014 returned to assembly
passed senate
3rd reading cal.1564
substituted for s7371a
Jun 18, 2014 substituted by a9321a
ordered to third reading cal.1564
committee discharged and committed to rules
Jun 16, 2014 print number 7371a
amend (t) and recommit to elections
May 14, 2014 referred to elections

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7371 - Bill Details

See Assembly Version of this Bill:
A9321A
Law Section:
Elections
Laws Affected:
Amd §8, Chap 359 of 2010; amd §2, Chap 3 of 2011; amd §7, Chap 170 of 2011

S7371 - Bill Texts

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Relates to the use of lever voting machines, the number and use of voting machines in village elections, and to the types of voting machines used in certain elections.

view sponsor memo
BILL NUMBER:S7371

TITLE OF BILL: 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

PURPOSE:

To authorize villages, boards of cooperative educational services, fire
districts, special improvement districts and school districts to use
lever voting machines in their elections on a permanent basis and to
require those villages, boards and districts that utilize lever voting
machines in any election to provide at least one voting machine, in one
polling place, that meets the needs of disabled voters and is accessible
to all voters that require the use of such voting machine.

SUMMARY OF PROVISIONS:

Sections 1, 2, 3 and 4 amend sections of the elections law, the town law
and the education law, to make permanent the provisions authorizing the
use of lever voting machines in certain villages, fire districts and
special improvement districts, boards of cooperative educational
services and school district elections.

Sections 5, 6, 7, 8 and 9 amend election law section 15-114 by adding a
new subdivision 3; town law section 212 and section 176 (29), as amended
by Chapter 170 of the laws of 2011; education law section 1951(2)(g) and
2035(1), as amended by chapter 359 of the laws of 2010; respectively, to
require a village, special improvement district, fire district, board of
cooperative educational services, or school district that utilizes a
lever voting machine in any election to provide at least one voting
machine that is equipped with a device with tactile discernible controls
to meet the needs of voters with limited reach and limited hand dexter-
ity; is equipped with an audio voting feature that permits a voter who
is blind or visually impaired to cast a secret ballot using voice-only
or tactile discernible controls; and is capable of being equipped with a
pneumatic switch voting attachment which can be operated orally by the
voter, in one polling place, which must be accessible to all voters that
require the use of such a machine.

Section 10 is the effective date.

JUSTIFICATION:

Current law allows villages that administer their own elections, fire
districts, special improvement districts, boards of cooperative educa-
tional services (BOCES) and school districts to use lever voting
machines for their elections until December 31, 2014. This bill will
allow these villages, fire districts, special improvement districts,
BOCES and school districts to use lever voting machines permanently, so
long as they provide at least one voting machine in one polling place
that meets the needs of disabled voters and is accessible to all voters
that require the use of such voting machine. Villages, fire districts,
special improvement districts, BOCES and school districts around the
state have expressed pri overwhelming preference to continue using lever
voting machines in their elections as many villages, BOCES and districts
already have them in their possession, they are less costly and readily
available. This bill would allow villages, BOCES and districts to
continue to use lever voting machines while protecting the rights of
people with disabilities to vote.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

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
________________________________________________________________________

                                  7371

                            I N  S E N A T E

                              May 14, 2014
                               ___________

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

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].
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11403-01-3

S. 7371                             2

  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
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

S. 7371                             3

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
elections  to  maintain  the  care,  custody  or control of lever voting
machines.

S. 7371                             4

  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.

S7371A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9321A
Law Section:
Elections
Laws Affected:
Amd §8, Chap 359 of 2010; amd §2, Chap 3 of 2011; amd §7, Chap 170 of 2011

S7371A (ACTIVE) - Bill Texts

view summary

Relates to the use of lever voting machines, the number and use of voting machines in village elections, and to the types of voting machines used in certain elections.

view sponsor memo
BILL NUMBER:S7371A

TITLE OF BILL: An act to amend chapter 359 of the laws of 2010
amending the education law relating to use of lever voting machines;
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; and to amend chapter 170 of the laws of 2011 amending the
town law relating to the types of voting machines used in certain
elections, in relation to extending the provisions of such chapters

PURPOSE: To allow for the continued use of lever voting machines for
school districts, villages and special districts in their respective
local elections until December 31, 2015 and require a report by the
State Board of Elections.

SUMMARY OF PROVISIONS:

Section 1 extends by two years the sunset date of Chapter 359 of the
laws of 2010, allowing school districts to continue using lever voting
machines in their elections until December 31, 2015.

Section 2 extends by two years the sunset date of Chapter 3 of the
laws of 2011, allowing villages to continue using lever voting
machines in their elections until December 31, 2015.

Section 3 extends by two years the sunset date of Chapter 170 of the
laws of 2011, allowing fire districts and special improvement
districts to continue to use lever voting machines in their local
elections until December 31, 2015.

Section 4 requires the State Board of Election to submit a report.

Section 5 sets the effective date.

JUSTIFICATION: There is a preference amongst school districts,
villages and special districts to continue to use lever-style voting
machines in their elections for one additional year, until December
31, 2015. These various localities cite the cost of using the optical
scan machines as well as their availability from county boards of
elections as the motivation behind this two year extension.

Chapter 359 of the laws of 2010 and Chapters 3 and 170 of the laws of
2011 offered a solution to authorize the use of lever-style voting
machines as a cost-effective means to continue operating local
elections at reasonable rates for a limited time. This legislation
extends that time by two years. This legislation does not impose any
obligation on the boards of elections to maintain care, custody or
control of lever voting machines or to provide entities with such
voting machines for their elections.

LEGISLATIVE HISTORY: The provisions of this bill were previously
chaptered in Chapter 359 of the laws of 2010, Chapter 3 of the laws of
2011 and Chapter 170 of the laws of 2011.

FISCAL IMPLICATIONS: None to the state.

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
________________________________________________________________________

                                 7371--A

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend chapter 359 of the laws of 2010 amending the education
  law relating to use of lever voting machines; 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; and to amend chapter  170
  of  the  laws  of  2011 amending the town law relating to the types of
  voting machines used in certain elections, in  relation  to  extending
  the provisions of such chapters

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

  Section 1. Section 8 of chapter 359 of the laws of 2010  amending  the
education  law  relating  to 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] 2015.
  S  2. 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] 2015.
  S  3.  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] 2015, when upon such date the provisions of
sections three and six of this act shall take effect.
  S 4. On or before January 31, 2015, the state board of elections shall
submit a report to the governor,  speaker  of  the  assembly,  temporary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11403-03-4

S. 7371--A                          2

president of the senate and the chairs of the committees on election law
of  the  senate  and  the  assembly  concerning  the  administration  of
elections  by  villages,  school  districts,  fire  districts,   library
districts  and  other municipal corporations required to hold elections.
The report shall include recommendations and guidance for such villages,
districts and municipal corporations to migrate to  the  use  of  voting
systems  which  are compliant with section 7-202 of the election law and
applicable state board of elections rules and  regulations.  The  report
shall  also  include  an  analysis of the cost and fiscal impact to such
villages, districts and  municipal  corporations  for  transitioning  to
voting systems that comply with section 7-202 of the election law. Prior
to  preparing and issuing the report, the state board of elections shall
solicit, and take into consideration, recommendations from  stakeholders
including, but not necessarily limited to, the New York state department
of  education,  the  New  York  school  boards association, the New York
conference of mayors and the New York state association of counties.
  S 5. This act shall take effect immediately.

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