Bill Text: NY A07641 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires voting machines to be equipped with optical mark-sense scanners, to produce a verified permanent paper record of each vote cast, and to be manufactured in this state; requires voter information in cities having a population of one million or more to be published in Spanish, Korean, Cantonese, Mandarin, Toussian, Tagalog and Russian; establishes a temporary advisory commission on voting by persons with disabilities to examine, make recommendations on and report on existing and evolving technologies which provide greater access to voting and the election process by persons with disabilities.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2010-01-06 - referred to election law [A07641 Detail]
Download: New_York-2009-A07641-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7641
2009-2010 Regular Sessions
I N A S S E M B L Y
April 17, 2009
___________
Introduced by M. of A. P. RIVERA, GALEF, ORTIZ, J. RIVERA -- Multi-Spon-
sored by -- M. of A. DelMONTE, DIAZ, PERALTA, TOWNS, WEISENBERG --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to voting machines and
voter information; to amend the New York city charter, in relation to
the voters guide; to establish a temporary advisory commission on
voting by persons with disabilities; and providing for the repeal of
certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 7-202 of the election law is amended by adding
2 three new subdivisions 5, 6 and 7 to read as follows:
3 5. VOTING MACHINES SHALL PRODUCE AND RETAIN A VOTER VERIFIED PERMANENT
4 PAPER RECORD WITH A MANUAL AUDIT CAPACITY WHICH SHALL RECORD EACH VOTE
5 TO BE CAST AND WHICH SHALL BE PRESENTED TO THE VOTER FROM BEHIND A
6 WINDOW OR OTHER DEVICE BEFORE THE BALLOT IS CAST.
7 6. ALL VOTING MACHINES SHALL BE EQUIPPED WITH OPTICAL MARK-SENSE SCAN-
8 NERS.
9 7. ALL VOTING MACHINES APPROVED AND PROCURED AFTER THE EFFECTIVE DATE
10 OF THIS SUBDIVISION SHALL BE MANUFACTURED AND CONSTRUCTED AT A MANUFAC-
11 TURING FACILITY LOCATED IN THIS STATE.
12 S 2. Subdivision 1-a of section 8-104 of the election law, as added by
13 chapter 263 of the laws of 2003, is amended to read as follows:
14 1-a. The election inspectors shall conspicuously post in the polling
15 place before the opening of the polls, a voter information posting,
16 which shall include: (a) the sample ballot and instructions for the use
17 of voting machines required pursuant to section 7-118 of this chapter;
18 (b) information regarding the date of the election and the hours during
19 which polling places will be open; (c) instructions on how to cast an
20 affidavit ballot and a concise statement of a voter's right to such a
21 ballot; (d) instructions relating to requirements for voting on voting
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10770-01-9
A. 7641 2
1 machines by those registrants who must provide identification pursuant
2 to the federal Help America Vote Act of 2002; (e) instructions for
3 first-time voters; (f) a voter's bill of rights describing voter's
4 rights under applicable federal and state law, including the right of
5 accessibility and alternate language accessibility; (g) information
6 pertaining to voting by paper ballot, including information about the
7 consequence of casting an overvote, steps to prevent unintentional
8 undervoting and spoiled ballots; (h) instructions on how to contact the
9 appropriate officials if a voter's right to vote or right to otherwise
10 participate in the electoral process has been violated; and (i) general
11 information on federal and state laws regarding prohibitions on acts of
12 fraud and misrepresentation. The state board of elections shall
13 prescribe the form and content of the voter information posting, which
14 may be comprised of one or more pages, provided each page shall be post-
15 ed separately. The state board of elections shall prescribe an official
16 version of such voter information posting for every language which
17 appears on any general, primary or special election ballot in any
18 election district in the state, and for such other languages as such
19 board, in its opinion, determines is appropriate; PROVIDED, HOWEVER,
20 THAT FOR CITIES HAVING A POPULATION OF ONE MILLION OR MORE, THE STATE
21 BOARD OF ELECTIONS SHALL PRESCRIBE AN OFFICIAL VERSION OF THE VOTER
22 INFORMATION POSTING IN SPANISH, KOREAN, CANTONESE, MANDARIN, TOISAN,
23 CREOLE, TAGALOG AND RUSSIAN. Such posting shall be used in all juris-
24 dictions, and a separate posting shall be made by election inspectors
25 for each language appearing on the ballot and for such additional
26 languages as the board of elections may require. A board of elections
27 may modify or supplement the voter information posting used in its
28 jurisdiction to provide additional or local information; provided,
29 however, any such modification or supplementation shall be submitted to
30 the state board of elections for prior approval.
31 S 3. Section 1053 of the New York city charter, as added by a vote of
32 the people of the city of New York at the general election held in
33 November of 1988, is amended to read as follows:
34 S 1053. Voters guide. Each voters guide published by the board shall
35 contain: (a) material explaining the date and hours during which the
36 polls will be open for that election; when, where, and how to register
37 to vote; when a citizen is required to reregister; when, where, and how
38 absentee ballots are obtained and used; instructions on how to vote;
39 maps showing the boundaries of council districts; and any other general
40 information on voting deemed by the board to be necessary or useful to
41 the electorate or otherwise consistent with the goals of this chapter;
42 (b) such tables of contents, graphics, and other materials which the
43 board determines will make the voters guide easier to understand or more
44 useful for the average voter; (c) biographical information on each
45 candidate, including but not limited to name, party affiliation, present
46 and previous public offices held, present occupation and employer, prior
47 employment and other public service experience, educational background,
48 and a listing of major organizational affiliations and endorsements; (d)
49 concise statements by each candidate of his or her principles, platform
50 or views; and (e) where there is a ballot proposal or referendum,
51 concise statements explaining such proposal or referendum and an
52 abstract of each such proposal or referendum. The guide shall be
53 prepared in plain language using words with common and everyday mean-
54 ings. No later than the first day of January of nineteen hundred eight-
55 y-nine, the board shall promulgate such rules as it deems necessary for
56 the preparation and publication of the guide in English, Spanish,
A. 7641 3
1 CREOLE, KOREAN, CANTONESE, MANDARIN, TOISAN, TAGALOG, RUSSIAN and any
2 other languages the board determines to be necessary and appropriate,
3 and for the distribution of the guide. The purpose of such rules shall
4 be to ensure that the guide and its distribution will serve to fully,
5 fairly and impartially inform the public about the issues and candidates
6 appearing on the ballot.
7 S 4. Temporary advisory commission on voting by persons with disabili-
8 ties. (a) A temporary advisory commission on voting by persons with
9 disabilities shall be established by the state board of elections to
10 examine, evaluate and make recommendations concerning existing and
11 evolving technologies that will provide greater or facilitate access of
12 persons with disabilities to voting and the election process. Such
13 commission shall be composed of 15 members, all of whom are persons with
14 disabilities. All members of the commission shall be appointed by the
15 state board of elections and shall be broadly representative of the
16 geographic areas of the state. A chair of the commission shall be
17 elected by a majority of the members from amongst such members. Vacan-
18 cies in the membership of such commission shall be filled in the manner
19 provided for original appointments.
20 (b) The commission may meet within and without the state, shall hold
21 public hearings, and shall have all the powers of a legislative commit-
22 tee pursuant to the legislative law.
23 (c) The members of the commission shall receive no compensation for
24 their services, but shall be allowed their actual and necessary expenses
25 incurred in the performance of their duties pursuant to this section.
26 (d) The commission shall annually, on or before April first, submit a
27 report to the legislature, governor and state board of elections of its
28 findings, conclusions and recommendations. Such reports shall include
29 such regulatory and legislative proposals as the commission deems neces-
30 sary to implement its recommendations.
31 S 5. This act shall take effect immediately; provided that section
32 four of this act shall expire and be deemed repealed April 2, 2015.
