Assembly Bill A9852

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9852
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in relation to requirements for voting
   machines or systems; and to repeal  certain  provisions  of  such  law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs e, j, s and t of subdivision 1 of section  7-202
 of  the  election  law, as added by chapter 181 of the laws of 2005, are
 amended and two new paragraphs u and v are added to read as follows:
   e. provide the voter an opportunity  to  privately  and  independently
 REVIEW  AND verify [votes selected] SUCH VOTER'S MARKED PAPER BALLOT and
 the ability to privately and independently change such votes or  correct
 any error before the ballot is cast and counted;
   j.  retain all paper ballots cast [or produce and retain a voter veri-
 fied permanent paper record which shall be presented to the  voter  from
 behind  a window or other device before the ballot is cast,] in a manner
 intended and designed to protect the privacy of the voter; such  ballots
 [or record] shall allow a manual audit and shall be preserved in accord-
 ance with the provisions of section 3-222 of this chapter;
   s.  permit alternative language accessibility pursuant to the require-
 ments of section 203 of  the  Voting  Rights  Act  of  1965  (42  U.S.C.
 1973aa-1a)  such  that  it  must  have  the capacity to display the full
 ballot in the alternative  languages  required  by  the  federal  Voting
 Rights  Act  if  such  voting machine or system is to be used where such
 alternative languages are required or where the local board  deems  such
 feature necessary; [and]
   t.  not  include  any  device  or functionality potentially capable of
 externally transmitting or receiving data via the internet or via  radio
 waves or via other wireless means[.];
   U.  COUNT ONLY A VOTER'S HANDMADE MARK EXCEPT WHEN NECESSARY TO COMPLY
 WITH SUBDIVISION TWO OF THIS SECTION AND SHALL NOT UTILIZE BAR  CODE  OR
 MATRIX CODE FOR THE PROCESS OF VOTE CASTING AND CANVASSING; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15206-02-0

 A. 9852                             2
 
   V.  MEETS  THE  UNITED  STATES  ELECTION  ASSISTANCE COMMISSION'S MOST
 RECENTLY ADOPTED VOLUNTARY VOTING SYSTEMS GUIDELINES.
   §  2.  Subdivision 4 of section 7-202 of the election law, as added by
 chapter 181 of the laws of 2005, is amended to read as follows:
   4. Local boards of elections which obtain voting machines pursuant  to
 this  chapter  [may determine to] SHALL purchase [direct recording elec-
 tronic machines or]  optical  scan  machines  in  conformance  with  the
 requirements of this chapter.
   § 3. Subdivision 4 of section 7-201 of the election law is REPEALED.
   §  4.  Section  7-203  of  the election law is amended by adding a new
 subdivision 5 to read as follows:
   5. LOCAL BOARDS OF ELECTIONS SHALL  NOT  PROVIDE  FOR  MORE  THAN  ONE
 BALLOT  MARKING DEVICE THAT PRODUCES ELECTRONICALLY GENERATED BALLOTS IN
 A POLLING LOCATION EXCEPT WHEN THE LOCAL  BOARD  DETERMINES  THAT  ADDI-
 TIONAL  MACHINES ARE NEEDED TO ACCOMMODATE THE NEEDS OF INDIVIDUALS WITH
 DISABILITIES.
   § 5. This act shall take effect immediately.