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Assembly Bill A5934B

2023-2024 Legislative Session

Enacts the voting integrity and verification act of New York (VIVA NY)

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2023-A5934 - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §§1-104, 7-104 & 7-106, El L
Versions Introduced in 2025-2026 Legislative Session:
A6287

2023-A5934 - Summary

Enacts the "voting integrity and verification act of New York (VIVA NY)"; provides that each voter is entitled to the use of an individual, voter verifiable paper ballot of the voter's vote and the opportunity to mark it.

2023-A5934 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5934
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in relation to  enacting  the  "voting
   integrity and verification act of New York (VIVA NY)"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be  cited  as  the  "voting
 integrity and verification act of New York (VIVA NY)".
   §  2.  Section  1-104  of  the election law is amended by adding a new
 subdivision 40 to read as follows:
   40. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE TERM  "NONTABULAT-
 ING  BALLOT  MARKING  DEVICE OR SYSTEM" MEANS A VOTING MACHINE OR SYSTEM
 THAT CAN MARK A VOTER'S  SELECTIONS  ON  A  PAPER  BALLOT,  BUT  IS  NOT
 INTENDED, DESIGNED OR CONSTRUCTED TO COUNT VOTES.
   § 3.  Subdivision 26 of section 7-104 of the election law, as added by
 chapter 411 of the laws of 2019, is amended to read as follows:
   26.  All  paper  ballots of the same kind for the same [polling place]
 ELECTION DISTRICT shall be identical. EACH VOTER IS ENTITLED TO THE  USE
 OF  AN INDIVIDUAL, DURABLE, VOTER VERIFIABLE PAPER BALLOT OF THE VOTER'S
 VOTE THAT SHALL BE PRIVATELY AND INDEPENDENTLY  MARKED  IN  THE  POLLING
 PLACE  AND  MADE  AVAILABLE  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.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, THE TERM "INDIVIDUAL,
 VOTER VERIFIABLE PAPER BALLOT" MEANS EITHER (A) A PAPER BALLOT MARKED BY
 THE VOTER BY HAND; OR (B) A PAPER BALLOT MARKED THROUGH  THE  USE  OF  A
 NONTABULATING  BALLOT  MARKING  DEVICE  OR  SYSTEM; PROVIDED THAT VOTERS
 SHALL HAVE BOTH OPTIONS AVAILABLE IN EVERY POLLING  PLACE,  AND  FURTHER
 PROVIDED  THAT  MACHINES  PURCHASED  PRIOR TO THE EFFECTIVE DATE OF THIS
 SUBDIVISION THAT ARE INTENDED, DESIGNED AND CONSTRUCTED TO  MARK,  TABU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10156-01-3

co-Sponsors

2023-A5934A - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §§1-104, 7-104 & 7-106, El L
Versions Introduced in 2025-2026 Legislative Session:
A6287

2023-A5934A - Summary

Enacts the "voting integrity and verification act of New York (VIVA NY)"; provides that each voter is entitled to the use of an individual, voter verifiable paper ballot of the voter's vote and the opportunity to mark it.

2023-A5934A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5934--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Election  Law  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the election law, in relation to enacting the "voting
   integrity and verification act of New York (VIVA NY)"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "voting
 integrity and verification act of New York (VIVA NY)".
   § 2. Section 1-104 of the election law is amended by  adding  two  new
 subdivisions 40 and 41 to read as follows:
   40.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE TERM "NONTABULAT-
 ING BALLOT MARKING DEVICE" MEANS A VOTING MACHINE THAT CANNOT  AND  DOES
 NOT  COUNT  OR TRANSMIT VOTES AND DOES NOT RETAIN ANY OFFICIAL RECORD OF
 THE VOTERS' SELECTIONS, BUT CAN MARK OR  PRINT  VOTERS'  SELECTIONS  AND
 HAVE  THOSE  SELECTIONS PRINTED ON AN INDIVIDUAL, VOTER VERIFIABLE PAPER
 BALLOT.
   41. THE TERM "HUMAN READABLE PAPER BALLOT" MEANS A PAPER BALLOT  WHERE
 ALL  THE CANDIDATES, BALLOT PROPOSALS AND SELECTIONS THAT COULD BE TABU-
 LATED ARE READABLE WITHOUT ASSISTANCE, OTHER THAN  EYEGLASSES  OR  OTHER
 STANDARD PERSONAL VISION ENHANCING DEVICES.
   § 3.  Subdivision 26 of section 7-104 of the election law, as added by
 chapter 411 of the laws of 2019, is amended to read as follows:
   26.  All  paper  ballots of the same kind for the same [polling place]
 ELECTION DISTRICT shall be identical. EACH VOTER  VOTING  IN  A  POLLING
 PLACE  IS  ENTITLED  TO THE USE OF AN INDIVIDUAL, VOTER VERIFIABLE PAPER
 BALLOT OF THE VOTER'S VOTE AND THE OPPORTUNITY TO MARK IT PRIVATELY  AND
 INDEPENDENTLY.    FOR  THE PURPOSES OF THIS TITLE, THE TERM "INDIVIDUAL,
 VOTER VERIFIABLE PAPER BALLOT" MEANS A HUMAN READABLE PAPER BALLOT  THAT
 IS  EITHER  (A) A MARKED BY THE VOTER BY HAND; OR (B) MARKED THROUGH THE
 USE OF A NONTABULATING BALLOT MARKING DEVICE.  VOTERS  SHALL  HAVE  BOTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10156-02-3

co-Sponsors

2023-A5934B - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §§1-104, 7-104 & 7-106, El L
Versions Introduced in 2025-2026 Legislative Session:
A6287

2023-A5934B - Summary

Enacts the "voting integrity and verification act of New York (VIVA NY)"; provides that each voter is entitled to the use of an individual, voter verifiable paper ballot of the voter's vote and the opportunity to mark it.

2023-A5934B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5934--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by  M.  of A. CUNNINGHAM, ANDERSON, PAULIN, SHIMSKY, BURGOS,
   SEPTIMO,  CRUZ,  DE LOS SANTOS,  SAYEGH,  CARROLL,  EPSTEIN,  WOERNER,
   STECK,  SHRESTHA, THIELE, ARDILA, SIMONE, LEVENBERG, DINOWITZ, JACKSON
   -- read once and referred to the Committee on Election Law --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- again reported from  said  committee  with
   amendments,  ordered  reprinted  as  amended  and  recommitted to said
   committee
 
 AN ACT to amend the election law, in relation to  enacting  the  "voting
   integrity and verification act of New York (VIVA NY)"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "voting
 integrity and verification act of New York (VIVA NY)".
   §  2.  Section  1-104 of the election law is amended by adding two new
 subdivisions 40 and 41 to read as follows:
   40. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE TERM  "NONTABULAT-
 ING  BALLOT  MARKING DEVICE" MEANS A VOTING MACHINE THAT CANNOT AND DOES
 NOT COUNT OR TRANSMIT VOTES AND DOES NOT RETAIN ANY OFFICIAL  RECORD  OF
 THE  VOTERS'  SELECTIONS,  BUT  CAN MARK OR PRINT VOTERS' SELECTIONS AND
 HAVE THOSE SELECTIONS PRINTED ON AN INDIVIDUAL, VOTER  VERIFIABLE  PAPER
 BALLOT.
   41.  THE TERM "HUMAN READABLE PAPER BALLOT" MEANS A PAPER BALLOT WHERE
 ALL THE CANDIDATES, BALLOT PROPOSALS AND SELECTIONS THAT COULD BE  TABU-
 LATED  ARE  READABLE  WITHOUT ASSISTANCE, OTHER THAN EYEGLASSES OR OTHER
 STANDARD PERSONAL VISION ENHANCING DEVICES.
   § 3.  Subdivision 26 of section 7-104 of the election law, as added by
 chapter 411 of the laws of 2019, is amended to read as follows:
   26. All paper ballots of the same kind for the  same  [polling  place]
 ELECTION  DISTRICT  shall  be  identical. EACH VOTER VOTING IN A POLLING
 PLACE IS ENTITLED TO THE USE OF AN INDIVIDUAL,  VOTER  VERIFIABLE  PAPER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10156-04-3

co-Sponsors

2023-A5934C (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §§1-104, 7-104 & 7-106, El L
Versions Introduced in 2025-2026 Legislative Session:
A6287

2023-A5934C (ACTIVE) - Summary

Enacts the "voting integrity and verification act of New York (VIVA NY)"; provides that each voter is entitled to the use of an individual, voter verifiable paper ballot of the voter's vote and the opportunity to mark it.

2023-A5934C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5934--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by  M.  of A. CUNNINGHAM, ANDERSON, PAULIN, SHIMSKY, BURGOS,
   SEPTIMO,  CRUZ,  DE LOS SANTOS,  SAYEGH,  CARROLL,  EPSTEIN,  WOERNER,
   STECK, SHRESTHA, THIELE, ARDILA, SIMONE, LEVENBERG, DINOWITZ, JACKSON,
   SIMON, McDONALD, TAPIA, BICHOTTE HERMELYN, MAMDANI, CHANDLER-WATERMAN,
   TAYLOR,  JACOBSON,  DAVILA, GALLAGHER -- read once and referred to the
   Committee on Election  Law  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted  to said committee -- recommitted to the
   Committee on Election Law in accordance with Assembly Rule 3,  sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the election law, in relation to  enacting  the  "voting
   integrity and verification act of New York (VIVA NY)"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "voting
 integrity and verification act of New York (VIVA NY)".
   §  2.  Section  1-104 of the election law is amended by adding two new
 subdivisions 40 and 41 to read as follows:
   40. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE TERM  "NONTABULAT-
 ING  BALLOT  MARKING DEVICE" MEANS A VOTING MACHINE THAT CANNOT AND DOES
 NOT COUNT OR TRANSMIT VOTES AND DOES NOT RETAIN ANY OFFICIAL  RECORD  OF
 THE  VOTERS'  SELECTIONS,  BUT  CAN MARK OR PRINT VOTERS' SELECTIONS AND
 HAVE THOSE SELECTIONS PRINTED ON AN INDIVIDUAL, VOTER  VERIFIABLE  PAPER
 BALLOT.
   41.  THE TERM "HUMAN READABLE PAPER BALLOT" MEANS A PAPER BALLOT WHERE
 ALL THE CANDIDATES, BALLOT PROPOSALS AND SELECTIONS THAT COULD BE  TABU-
 LATED  ARE  READABLE  WITHOUT ASSISTANCE, OTHER THAN EYEGLASSES OR OTHER
 STANDARD PERSONAL VISION ENHANCING DEVICES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10156-11-4
 A. 5934--C                          2

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