NY State Senate Bill S6169A

Current Bill Status - In Senate Committee Elections Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 24, 2023	print number 6169a
Apr 24, 2023	amend and recommit to elections
Mar 31, 2023	referred to elections

Bill Amendments

Original

A (Active)

Original

A (Active)

S6169 - Details

See Assembly Version of this Bill:: A5934
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§1-104, 7-104 & 7-106, El L

S6169 - 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 privately and independently.

S6169 - Sponsor Memo

 
BILL NUMBER: S6169

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the election law, in relation to enacting the "voting
integrity and verification act of New York (VIVA NY)"

 
PURPOSE OR GENERAL IDEA OF BILL:

To give voters the option, at every polling place, to mark a paper
ballot by hand or with a nontabulating ballot marking device. To change
the phrase "polling place" to "election district" in two statutes
requiring identical ballots in every polling place because ballots may
not be able to be identical in every election district in a polling
place due to differing contests or propositions on the ballot.

 
SUMMARY OF PROVISIONS:

Section 1 provides that this act shall be known and may be cited as the
"Voting Integrity and Verification Act of New York" (VIVA NY).

Section 2 adds the definition of a nontabulating ballot marking device
to section 1-104 of the election law.

Section 3 amends subdivision 26 of section 7-104 of the election law to
require all voters to be given a choice to mark a paper ballot in their
polling place either by hand or by using a nontabulating ballot marking
device. It also contains a provision permitting the continued use of
voting machines or systems that were purchased before the effective date
of the bill, provided that they use individual, voter-verifiable paper
ballots. The term "polling place" is replaced with "election district"
in subdivision 26 of section 7-104.

Section 4 replaces the term "polling place" with "election district" in
subdivision 3 of section 7-106 of the election law.

Section 5 provides that this bill shall be effective immediately upon
passage, and that voting machines and systems purchased prior to the
effective date of the bill that are intended, designed and constructed
to: mark; tabulate; or mark and tabulate; individual, voter-verifiable
paper ballots may continue to be used.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

Paper ballots are the gold standard when it comes to voting technology.
For that reason, since 2009, federal election legislation, that has been
stymied in Senate due to the filibuster, has included provisions requir-
ing durable, paper ballots marked by hand or with a nontabulating ballot
marking device. To provide our voters with confidence that their cast
ballot will unquestionably and accountably reflect their preference and
only their preference, New York has instituted many common sense
reforms, like insisting on individual, durable, voter-verifiable paper
ballots that allow voters to cast their votes privately and independent-
ly, even if counted by computerized vote tabulation systems. We live in
a time when many voters harbor suspicion about the accuracy of vote
counting.  Requiring the use of the best available voting technology may
ameliorate that, while saving New York taxpayers considerable amounts of
money.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

S6169 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6169
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  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

 S. 6169                             2
 
 LATE  OR MARK AND TABULATE INDIVIDUAL VOTER VERIFIABLE PAPER BALLOTS MAY
 CONTINUE TO BE USED.
   §  4. Subdivision 3 of section 7-106 of the election law as amended by
 chapter 411 of the laws of 2019, is amended to read as follows:
   3. All paper ballots of the same kind for  the  same  [polling  place]
 ELECTION DISTRICT shall be identical.
   § 5. This act shall take effect immediately.

S6169A (ACTIVE) - Details

See Assembly Version of this Bill:: A5934
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§1-104, 7-104 & 7-106, El L

S6169A (ACTIVE) - Summary

S6169A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6169A

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the election law, in relation to enacting the "voting
integrity and verification act of New York (VIVA NY)"

 
PURPOSE OR GENERAL IDEA OF BILL:

To give voters the option, at every polling place, to mark a paper
ballot by hand or with a nontabulating ballot marking device. To change
the phrase "polling place" to "election district" in two statutes
requiring identical ballots in every polling place because ballots may
not be able to be identical in every election district in a polling
place due to differing contests or ballot proposals on the ballot. This
bill would guarantee that all voters can verify the selections on their
ballots.

 
SUMMARY OF PROVISIONS:

Section 1 provides that this act shall be known and may be cited as the

"Voting Integrity and Verification Act of New York" (VIVA NY).

Section 2 adds new subdivisions 40 and 41 to section 1-104 of the
election law, which define the terms "nontabulating ballot marking
device" and "human readable paper ballot."

Section 3 replaces the term "polling place" with "election district" in
subdivision 26 of section 7-104 of the election law. The same subdivi-
sion requires all voters to be given a choice to mark a paper ballot in
their polling place either by hand or by using a nontabulating ballot
marking device that prints a human readable ballot. It provides that
voting machines or systems purchased prior to the effective date of the
bill may continue to be used and maintained if they are designed and
constructed to utilize individual, voter-verifiable paper ballots.

Section 4 replaces the term "polling place" with "election district" in
subdivision 3 of section 7-106 of the election law.

Section 5 provides for an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amends the definition of "nontabulating ballot marking device." Adds an
additional subdivision 41 to define "human readable paper ballot."
Clarifies the meaning of 'opportunity to mark one's ballot privately and
independently.' Clarifies which machines may remain in use after the
enactment of this law.

 
JUSTIFICATION:

Election experts agree that voters who are able to mark a ballot by hand
must retain that option. To provide our voters with confidence that
their cast ballot will unquestionably and accountably reflect their
preference and only their preference, New York has instituted many
common sense reforms, like insisting on individual, voter-verifiable
paper ballots that help ensure voters can cast their votes privately,
independently, and securely, even if counted by computerized vote tabu-
lation systems. We live in a time when many voters harbor suspicion
about the accuracy of vote counting.  Requiring the use of the most
reliable ballots may ameliorate that problem.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately upon passage, except that voting machines and systems
purchased prior to the effective date of this legislation may continue
to be used and maintained if they are designed and constructed to
utilize individual, voter-verifiable paper ballots.

S6169A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6169--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10156-03-3

 S. 6169--A                          2
 
 USE OF A NONTABULATING BALLOT MARKING DEVICE.  VOTERS  SHALL  HAVE  BOTH
 OPTIONS IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION AVAILABLE IN EVERY
 POLLING  PLACE. VOTING MACHINES PURCHASED PRIOR TO THE EFFECTIVE DATE OF
 THE  CHAPTER  OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT AMENDED THIS
 SUBDIVISION MAY CONTINUE TO BE USED AND MAINTAINED IF THEY ARE  DESIGNED
 AND CONSTRUCTED TO UTILIZE INDIVIDUAL, VOTER VERIFIABLE PAPER BALLOTS.
   §  4. Subdivision 3 of section 7-106 of the election law as amended by
 chapter 411 of the laws of 2019, is amended to read as follows:
   3. All paper ballots of the same kind for  the  same  [polling  place]
 ELECTION DISTRICT shall be identical.
   § 5. This act shall take effect immediately.

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The New York State Senate

senate Bill S6169A

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

Your Voice

Actions

Bill Amendments

S6169 - Details

S6169 - Summary

S6169 - Sponsor Memo

S6169 - Bill Text download pdf

S6169A (ACTIVE) - Details

S6169A (ACTIVE) - Summary

S6169A (ACTIVE) - Sponsor Memo

S6169A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6169A

Share this bill

Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Elections Committee

Your Voice

Actions

Bill Amendments

S6169 - Details

S6169 - Summary

S6169 - Sponsor Memo

S6169 - Bill Text download pdf

S6169A (ACTIVE) - Details

S6169A (ACTIVE) - Summary

S6169A (ACTIVE) - Sponsor Memo

S6169A (ACTIVE) - Bill Text download pdf

Comments