Bill Text: NY S07371 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the use of lever voting machines, the number and use of voting machines in village elections, and to the types of voting machines used in certain elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-06-18 - SUBSTITUTED BY A9321A [S07371 Detail]
Download: New_York-2013-S07371-Introduced.html
Bill Title: Relates to the use of lever voting machines, the number and use of voting machines in village elections, and to the types of voting machines used in certain elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-06-18 - SUBSTITUTED BY A9321A [S07371 Detail]
Download: New_York-2013-S07371-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7371
I N S E N A T E
May 14, 2014
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend chapter 3 of the laws of 2011 amending the election law
relating to the number and use of voting machines in village
elections, chapter 170 of the laws of 2011 amending the town law
relating to the types of voting machines used in certain elections and
chapter 359 of the laws of 2010 amending the education law relating to
use of lever voting machines, in relation to making the provisions of
such chapters permanent; to amend the election law, the town law, and
the education law, in relation to the use of voting machines in
certain elections and to repeal sections 3 and 6 of chapter 170 of the
laws of 2011 amending the town law relating to the types of voting
machines used in certain elections relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2 of chapter 3 of the laws of 2011 amending the
2 election law relating to the number and use of voting machines in
3 village elections, as amended by chapter 482 of the laws of 2012, is
4 amended to read as follows:
5 S 2. This act shall take effect immediately [and shall expire and be
6 deemed repealed December 31, 2014].
7 S 2. Section 7 of chapter 170 of the laws of 2011 amending the town
8 law relating to the types of voting machines used in certain elections,
9 as amended by chapter 482 of the laws of 2012, is amended to read as
10 follows:
11 S 7. This act shall take effect immediately [provided, however, that
12 sections one, two, four and five of this act shall expire and be deemed
13 repealed December 31, 2014, when upon such date the provisions of
14 sections three and six of this act shall take effect].
15 S 3. Sections 3 and 6 of chapter 170 of the laws of 2011 amending the
16 town law relating to the types of voting machines used in certain
17 elections are REPEALED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11403-01-3
S. 7371 2
1 S 4. Section 8 of chapter 359 of the laws of 2010 amending the educa-
2 tion law relating to the use of lever voting machines, as amended by
3 chapter 482 of the laws of 2012, is amended to read as follows:
4 S 8. This act shall take effect immediately [and shall expire and be
5 deemed repealed December 31, 2014].
6 S 5. Section 15-114 of the election law is amended by adding a new
7 subdivision 3 to read as follows:
8 3. SHOULD THE VILLAGE UTILIZE SUCH MECHANICAL LEVER VOTING MACHINES IN
9 ANY ELECTION, THE VILLAGE MUST ALSO PROVIDE AT LEAST ONE VOTING SYSTEM
10 THAT MEETS THE REQUIREMENTS OF PARAGRAPHS A, B, AND C OF SUBDIVISION TWO
11 OF SECTION 7-202 OF THIS CHAPTER. THE VILLAGE NEED ONLY MAKE SUCH VOTING
12 SYSTEM AVAILABLE IN ONE POLLING PLACE; HOWEVER, IT MUST BE ACCESSIBLE TO
13 ALL VOTERS WITHIN THE VILLAGE THAT REQUIRE THE USE OF SUCH SYSTEM.
14 S 6. Section 212 of the town law, as amended by chapter 170 of the
15 laws of 2011, is amended to read as follows:
16 S 212. Annual election and notice thereof. The district commissioners
17 of such improvement district shall publish at the expense of the
18 district the notice of each election of improvement district commission-
19 ers held pursuant to this article. Such notice shall be published at
20 least once in one or more newspapers having general circulation in the
21 district and the first publication thereof shall be at least twenty days
22 before the day of such election. The notice of annual election shall
23 specify the time when and the place or places where such election shall
24 be held and the hours during which the polls will be open for the
25 receipt of ballots. Notice of such election shall also be posted on the
26 websites of the district and the town in which the district is located,
27 if such websites are maintained, on the signboard of the town, and
28 conspicuously posted in three or more designated public locations within
29 the district, on or about the day on which such notice is published.
30 Such election shall be held at a suitable place or places within the
31 district designated by the district commissioners and the polls shall
32 remain open from six o'clock in the evening until nine o'clock in the
33 evening and such additional consecutive hours prior thereto as the
34 district commissioners may determine and specify in the notice of such
35 election. The board of commissioners of such district shall designate
36 for each district election not less than two nor more than four resident
37 taxpayers to act as election inspectors and ballot clerks for each
38 designated polling place. The board of commissioners shall fix the
39 compensation of such election inspectors and ballot clerks in an amount
40 not to exceed ten dollars per hour each for every hour or part thereof
41 of such service and such compensation shall be a charge against the
42 district. The board of commissioners shall cause to be prepared the
43 ballots for all elections, and may authorize the use of voting machines,
44 including lever voting machines, at any annual or special election of
45 the district. When using voting machines as described in article seven
46 of the election law, such voting machines shall be used in accordance
47 with the provisions contained in article nine of the election law.
48 SHOULD THE BOARD OF COMMISSIONERS UTILIZE SUCH MECHANICAL LEVER VOTING
49 MACHINES IN ANY ELECTION, THE BOARD OF COMMISSIONERS MUST ALSO PROVIDE
50 AT LEAST ONE VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF PARAGRAPHS A,
51 B, AND C OF SUBDIVISION TWO OF SECTION 7-202 OF THE ELECTION LAW. THE
52 BOARD OF COMMISSIONERS NEED ONLY MAKE SUCH VOTING SYSTEM AVAILABLE IN
53 ONE POLLING PLACE; HOWEVER, IT MUST BE ACCESSIBLE TO ALL VOTERS WITHIN
54 THE IMPROVEMENT DISTRICT THAT REQUIRE THE USE OF SUCH SYSTEM. Provided,
55 however, that nothing in this section shall be construed to require the
56 board of elections to maintain the care, custody or control of lever
S. 7371 3
1 voting machines. After the polls shall have been closed at any election,
2 the election inspectors and ballot clerks at each polling place shall
3 immediately canvass the ballots cast and shall publicly announce the
4 result of the vote at that polling place. Within twenty-four hours the
5 chairman of the board of commissioners, election inspectors and ballot
6 clerks shall execute and file a certificate of the result of the canvass
7 with the board of commissioners of the improvement district and with the
8 clerk of the town in which said district is located.
9 S 7. Subdivision 29 of section 176 of the town law, as amended by
10 chapter 170 of the laws of 2011, is amended to read as follows:
11 29. May authorize the use of voting machines, including lever voting
12 machines, at any annual or special election held within the fire
13 district. When using voting machines as described in article seven of
14 the election law, such voting machines shall be used in accordance with
15 the provisions contained in article nine of the election law. SHOULD
16 THE BOARD OF FIRE COMMISSIONERS UTILIZE SUCH MECHANICAL LEVER VOTING
17 MACHINES IN ANY ELECTION, THE BOARD OF FIRE COMMISSIONERS MUST ALSO
18 PROVIDE AT LEAST ONE VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF PARA-
19 GRAPHS A, B, AND C OF SUBDIVISION TWO OF SECTION 7-202 OF THE ELECTION
20 LAW. THE BOARD OF FIRE COMMISSIONERS NEED ONLY MAKE SUCH VOTING SYSTEM
21 AVAILABLE IN ONE POLLING PLACE; HOWEVER, IT MUST BE ACCESSIBLE TO ALL
22 VOTERS WITHIN THE FIRE, FIRE ALARM AND FIRE PROTECTION DISTRICTS THAT
23 REQUIRE THE USE OF SUCH SYSTEM. Provided, however, that nothing in this
24 section shall be construed to require the board of elections to maintain
25 the care, custody or control of lever voting machines.
26 S 8. Paragraph g of subdivision 2 of section 1951 of the education
27 law, as amended by chapter 359 of the laws of 2010, is amended to read
28 as follows:
29 g. If the board of cooperative educational services shall so deter-
30 mine, voting machines, including lever voting machines, may be used for
31 recording the vote at such meeting. Before any such machine is used at
32 any such meeting, the inspectors of election shall examine it and see
33 that all the counters are set at zero (000) and that the ballot labels
34 are properly placed, and that the machine is in all respects in proper
35 condition for use. The use of such machine shall be deemed a compliance
36 with any provision of law requiring the vote to be by ballot. The board
37 of cooperative educational services may purchase the necessary voting
38 machine or machines; or if the county board of elections shall consent
39 thereto, such machines belonging to the county or belonging to the town
40 in which any part of said board of cooperative educational services
41 shall be located may be used at any such meeting, the expense of deliv-
42 ery and returning and setting up, and any other expense connected there-
43 with shall be defrayed by the board of cooperative educational services;
44 but such machines belonging to the county shall not be so used at the
45 time or times when they may be required under the election law. SHOULD
46 THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES UTILIZE SUCH MECHANICAL
47 LEVER VOTING MACHINES IN ANY ELECTION, SUCH BOARD MUST ALSO PROVIDE AT
48 LEAST ONE VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF PARAGRAPHS A, B,
49 AND C OF SUBDIVISION TWO OF SECTION 7-202 OF THE ELECTION LAW. THE BOARD
50 OF COOPERATIVE EDUCATIONAL SERVICES NEED ONLY MAKE SUCH VOTING SYSTEM
51 AVAILABLE IN ONE POLLING PLACE; HOWEVER, IT MUST BE ACCESSIBLE TO ALL
52 VOTERS WITHIN THE SCHOOL DISTRICT THAT REQUIRE THE USE OF SUCH SYSTEM.
53 Nothing in this subdivision shall be construed to require the board of
54 elections to maintain the care, custody or control of lever voting
55 machines.
S. 7371 4
1 S 9. Subdivision 1 of section 2035 of the education law, as amended by
2 chapter 359 of the laws of 2010, is amended to read as follows:
3 1. If the trustees or board of education of any school district shall
4 so determine, voting machines, including lever voting machines, may be
5 used for recording the vote on elections and questions, or either, at
6 the school district meetings or elections, annual and special, or
7 either, in such district. Before any such machine is used at any such
8 meeting or election, the inspectors of election shall examine it and see
9 that all the counters are set at zero (000) and that the ballot labels
10 are properly placed, and that the machine is in all respects in proper
11 condition for use. The use of such machine shall be deemed a compliance
12 with any provision of law requiring the vote to be by ballot. Such trus-
13 tees or board of education, with district funds available, may purchase
14 the necessary voting machine or machines; or, if the county board of
15 elections shall consent thereto, such machines belonging to the county
16 or belonging to the town in which any part of said school district shall
17 be located, may be used at any such meeting, the expense of delivery and
18 returning and setting up, and any other expense connected therewith, to
19 be defrayed by the school district; but such machines belonging to the
20 county shall not be so used at the time or times when they may be
21 required under the election law. SHOULD THE TRUSTEES OR BOARD OF EDUCA-
22 TION UTILIZE SUCH MECHANICAL LEVER VOTING MACHINES IN ANY ELECTION, SUCH
23 TRUSTEES OR BOARD MUST ALSO PROVIDE AT LEAST ONE VOTING SYSTEM THAT
24 MEETS THE REQUIREMENTS OF PARAGRAPHS A, B, AND C OF SUBDIVISION TWO OF
25 SECTION 7-202 OF TH ELECTION LAW. THE TRUSTEES OR BOARD OF EDUCATION
26 NEED ONLY MAKE SUCH VOTING SYSTEM AVAILABLE IN ONE POLLING PLACE; HOWEV-
27 ER, IT MUST BE ACCESSIBLE TO ALL VOTERS WITHIN THE SCHOOL DISTRICT THAT
28 REQUIRES THE USE OF SUCH SYSTEM. Nothing in this subdivision shall be
29 construed to require the board of elections to maintain the care, custo-
30 dy or control of lever voting machines.
31 S 10. This act shall take effect immediately.
