S T A T E O F N E W Y O R K
________________________________________________________________________
6287
2025-2026 Regular Sessions
I N A S S E M B L Y
March 3, 2025
___________
Introduced by M. of A. CUNNINGHAM, ANDERSON, PAULIN, SHIMSKY, SEPTIMO,
CRUZ, DE LOS SANTOS, SAYEGH, R. CARROLL, EPSTEIN, WOERNER, STECK,
SHRESTHA, SIMONE, LEVENBERG, DINOWITZ, JACKSON, SIMON, TAPIA,
BICHOTTE HERMELYN, MAMDANI, CHANDLER-WATERMAN, TAYLOR, JACOBSON, DAVI-
LA, GALLAGHER, COLTON -- 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 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04096-01-5
A. 6287 2
VOTER VERIFIABLE PAPER BALLOT" MEANS A HUMAN READABLE PAPER BALLOT THAT
IS EITHER (A) MARKED BY THE VOTER BY HAND; OR (B) MARKED THROUGH THE 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.
§ 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. Voting machines and systems purchased prior to the effective date
of this act may continue to be used and maintained if they are designed
and constructed to utilize individual, voter-verifiable paper ballots.
§ 6. This act shall take effect immediately.