S T A T E O F N E W Y O R K
________________________________________________________________________
9314
2025-2026 Regular Sessions
I N A S S E M B L Y
December 10, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to prohibiting local
boards of elections from purchasing direct recording electronic
machines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 7-202 of the election law, as
added by chapter 181 of the laws of 2005, is amended and a new subdivi-
sion 5 is added 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 THAT TABULATE PAPER BALLOTS
MARKED BY HAND THAT COMPLY WITH SECTION 7-104 OF THIS ARTICLE, AND
BALLOT MARKING DEVICES THAT COMPLY WITH SUBDIVISION TWO OF THIS SECTION
BUT DO NOT TABULATE VOTES, in conformance with the requirements of this
chapter.
5. LOCAL BOARDS OF ELECTIONS MUST PROVIDE EVERY VOTER AT EVERY POLLING
PLACE, BOTH OF THE FOLLOWING OPTIONS:
(A) TO HAND MARK A PAPER BALLOT THAT COMPLIES WITH SECTION 7-104 OF
THIS ARTICLE; OR
(B) TO USE A BALLOT MARKING DEVICE THAT DOES NOT TABULATE VOTES TO
MARK SUCH PAPER BALLOT.
§ 2. 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 paper ballots that comply with section 7-104
of the election law.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14049-01-5