Senate Bill S309B

2021-2022 Legislative Session

Relates to construction of voting machines and systems

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-S309 - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §§7-104, 7-200 & 7-202, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6733
2023-2024: S2385

2021-S309 - Summary

Relates to construction of voting machines and systems.

2021-S309 - Sponsor Memo

2021-S309 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    309
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, BIAGGI, HOYLMAN, MAYER, SKOUFIS -- 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 construction of voting
   machines and systems

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs 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 a new paragraph u is added to read as follows:
   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[.]; AND
   U. BE CONSTRUCTED SO THAT, AFTER THE  PAPER  BALLOT  IS  CAST  BY  THE
 VOTER, THE VOTING MACHINE OR SYSTEM NEVER PASSES THE CAST BALLOT UNDER A
 PRINTER  THAT  CAN PRINT VOTES ONTO THE BALLOT, INCLUDING AS A RESULT OF
 UNAUTHORIZED, MALICIOUS AND/OR FAULTY SOFTWARE AND/OR FIRMWARE.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02135-01-1


              

co-Sponsors

2021-S309A - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §§7-104, 7-200 & 7-202, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6733
2023-2024: S2385

2021-S309A - Summary

Relates to construction of voting machines and systems.

2021-S309A - Sponsor Memo

2021-S309A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  309--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROUK,
   COMRIE, COONEY, GIANARIS, HARCKHAM, HINCHEY, HOYLMAN, KAVANAGH, KRUEG-
   ER, MAY, MAYER, PARKER, REICHLIN-MELNICK, RIVERA, SKOUFIS, STAVISKY --
   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 the election law, in relation  to  construction  of  and
   requirements for voting machines and systems
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs b, 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 five new paragraphs u, v, w, x and y are added  to  read
 as follows:
   b.  permit  a  voter to vote for any person for any office, whether or
 not nominated as a candidate by any party or  independent  body  without
 the  ballot,  or any part thereof, being removed from the machine at any
 time AFTER THE BALLOT IS CAST;
   e. [provide the voter an opportunity to  privately  and  independently
 verify  votes  selected and the] REQUIRE THE USE OF AN INDIVIDUAL, DURA-
 BLE, VOTER-VERIFIABLE PAPER BALLOT OF THE VOTER'S  VOTE  THAT  SHALL  BE
 PRIVATELY  AND INDEPENDENTLY MARKED IN THE POLLING PLACE AND MADE AVAIL-
 ABLE FOR PRIVATE AND INDEPENDENT  INSPECTION  AND  VERIFICATION  BY  THE
 VOTER  BEFORE  THE VOTER'S VOTE IS CAST AND COUNTED, AND PROVIDE FOR THE
 VOTER'S 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,] PRODUCE AND
 RETAIN A PAPER BALLOT WHICH CAN BE VERIFIED AND CAST BY THE VOTER  in  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2021-S309B (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §§7-104, 7-200 & 7-202, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6733
2023-2024: S2385

2021-S309B (ACTIVE) - Summary

Relates to construction of voting machines and systems.

2021-S309B (ACTIVE) - Sponsor Memo

2021-S309B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  309--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  ADDABBO,  BAILEY, BIAGGI, BRESLIN, BROUK,
   COMRIE,  COONEY,  GIANARIS,  HARCKHAM,  HINCHEY,   HOYLMAN,   JACKSON,
   KAVANAGH, KRUEGER, MAY, MAYER, PARKER, REICHLIN-MELNICK, RIVERA, SALA-
   ZAR,  SKOUFIS,  STAVISKY  --  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  --  recommitted  to the Committee on Elections in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the election law, in relation  to  construction  of  and
   requirements for voting machines and systems
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7-104 of the election law is amended  by  adding  a
 new subdivision 28 to read as follows:
   28.  THE  BALLOT  SHALL  BE  MARKED  OR  PRINTED ON DURABLE PAPER. FOR
 PURPOSES OF THIS SECTION, "DURABLE PAPER" IS DEFINED AS PAPER CAPABLE OF
 WITHSTANDING MULTIPLE COUNTS AND RECOUNTS BY  HAND  OR  MACHINE  WITHOUT
 COMPROMISING  THE  FUNDAMENTAL  INTEGRITY OF THE BALLOTS, AND CAPABLE OF
 RETAINING THE INFORMATION MARKED OR PRINTED ON SUCH PAPER FOR  THE  FULL
 DURATION  OF  A  RETENTION  AND PRESERVATION PERIOD SET FORTH IN SECTION
 3-222 OF THIS CHAPTER.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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