S T A T E O F N E W Y O R K
________________________________________________________________________
5147
2015-2016 Regular Sessions
I N A S S E M B L Y
February 12, 2015
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Introduced by M. of A. QUART -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to requiring each county
board of elections to provide pens at polling sites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby declares that in
order to have a well-functioning democracy, it is necessary that boards
of elections successfully supply every poll site in the state with the
required materials to conduct an election. Voters whose poll sites lack
these basic necessities are, in practice, disenfranchised because their
poll site in unprepared.
The legislature further finds that many poll sites in counties that
use electronic voting systems require a ballot to be marked using a pen
before being scanned and counted. However, each election day, legisla-
tors hear complaints from constituents about poll sites without pens.
When voters arrive at these poll sites to discover that the board of
elections has not provided enough working pens, many are deterred from
voting at all. A lack of the most basic of supplies at poll sites is
unacceptable.
Clearly, boards of elections are either unable or unwilling to predict
and provide an adequate supply of working pens for poll sites. Thus, it
falls to the legislature to ensure that boards of elections implement
procedures to ensure that every eligible voter who goes to the polls has
access to the tools needed to cast a ballot.
S 2. The election law is amended by adding a new section 8-108 to
read as follows:
S 8-108. SUPPLIES REQUIREMENT. 1. AS USED IN THIS SECTION, THE TERM
"PEN" SHALL MEAN AN INSTRUMENT USED TO APPLY INK TO A SURFACE FOR THE
PURPOSE OF WRITING. TO QUALIFY AS A PEN FOR THE PURPOSES OF THIS
SECTION, SUCH INSTRUMENT MUST BE FILLED WITH INK.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08324-01-5
A. 5147 2
2. EACH COUNTY BOARD OF ELECTIONS SHALL SUPPLY EACH POLLING SITE WITH
A MINIMUM OF ONE PEN FOR EVERY TEN REGISTERED VOTERS ASSIGNED TO THAT
POLLING SITE.
S 3. This act shall take effect immediately.