Major Election Reforms Overwhelmingly Pass Assembly

Five-Bill "Help America Vote Act" (HAVA) Package Aimed at Modernizing New York's Voting System

Assembly Speaker Sheldon Silver, joined by Election Committee Chair Keith Wright and Governmental Operations Chair RoAnn Destito, announced the Assembly overwhelmingly passed a five-bill legislative package aimed at ensuring the integrity of New York's electoral process and bringing New York into compliance with the federal "Help America Vote Act" (HAVA) of 2002.

HAVA is designed to help states create a uniform, computerized voter registration list and assist states with establishing standardized electronic voting machines. In order to receive federal funds available under HAVA, each state must design a plan, pass enabling legislation and appropriate state funds to modernize its voting procedures. The process must also include citizen participation and public review to comply with the federal HAVA law.

In addition HAVA, which must be fully operational by 2006, requires New York to implement a statewide voter registration database, implement new voting system standards and take certain steps to verify voters' identities.

"HAVA provides an historic opportunity to modernize our voting system and make voter registration more efficient and accurate," said Silver (D-Manhattan) during a Capitol news conference prior to the bills' passage. "We owe it to the voters of New York to improve our electoral system, protect our democratic processes and encourage the broadest possible participation. This package of bills does that."

"The Assembly Majority has a long history as champions for legislation that encourages voter participation and protects the integrity of our electoral process," said Silver. "Thanks to the tireless efforts of Assembly members Wright and Destito, who are working to ensure the election process truly meets the needs of voters, this legislative package will help ensure trust in that process and that all voices are heard."

"After holding a series of hearings around the state, I am convinced that these five bills are what New York needs to make the smooth transition towards modernizing the election process. The input of the HAVA-26 Coalition, a constellation of good government and advocacy groups who pooled their efforts, was invaluable in helping us craft legislation which enfranchises New York's voters," said Wright (D-Manhattan). "These bills are a comprehensive effort to ensure the integrity of the electoral process. I want to make sure that every vote will be counted and that every voter will have fair access to vote."

"HAVA offers New York State the opportunity to increase voter participation and modernize the voting process," said Destito (D- Utica/Rome). "Reform is long overdue. It's about time we bring 21st century technology to our voters - and ensure the integrity of our elections."

Silver said the goal of the package is to meet federal mandates while ensuring all of New York's voters the opportunity to exercise their constitutionally guaranteed right to vote. By calling for uniform voting machine standards, as well as a voter verifiable paper trail, Silver said New York would avoid the voter problems uncovered in Florida and Maryland.

"We applaud Speaker Silver and Assemblyman Wright for this strong package of bills concerning the Help America Vote Act. This package would help ensure that we implement this national law properly to help New Yorkers vote, and not hinder them at polls, which we are concerned may happen without proper guidance from the Legislature. We specifically highlight the bill that provides for a voter verified paper trail as being important to ensure public trust in our electoral system. We urge swift passage by both houses on this important legislative package," said Rachel Leon, executive director Common Cause/NY.

"New York's implementation of HAVA will determine the quality of the state's elections for decades to come. It's critical to the health of New York's democracy that the state's new election system is open and publicly accountable. NYPIRG applauds the Assembly reform package. We urge the governor and the Senate to act on this important issue," said Blair Horner, NYPIRG's Legislative Director.

"The Assembly's package of HAVA bills represents a strong step forward to improve the accessibility, accuracy and administration of New York's elections. We look forward to fighting to secure Senate passage," said Jeremy Creelan, associate counsel at the Brennan Center for Justice at NYU School of Law. "The Citizens' Coalition on HAVA Implementation, which includes the Brennan Center, worked closely with Chairman Wright and the staff of the Election Law Committee to develop the legislation that is being passed today."

"This package of legislation to implement the Help America Vote Act ensures that federal guidelines are secured and election reform in New York State will be fairly and fully implemented so that all voters will be given the opportunity to exercise their fundamental right to vote," said Aimee Allaud, elections/government specialist, League of Women Voters of New York State.

County Takeover (Wright A.8833-B)

This bill would place voting machines and poll workers under county boards of elections.

Silver noted the consolidation of election operations at the county level would ensure elections are run consistently and polling places are adequately staffed with well-trained workers.

Provisions of the bill also would require poll workers be trained and tested annually, using a core curriculum developed by the state Board of Elections and modified to meet local needs. Also established under the bill would be a minimum day rate for paying poll workers, with a pro-rated adjustment for some primary election workers.

Statewide Voter Registration List (Destito A.8842-A)

This bill would establish a computerized, centralized, interactive statewide voter registration list with proper privacy protections to ease confusion at the polls, to ensure accurate poll lists so that voters get in and out of the polls quickly and to prevent voter fraud.

Under the measure, four alternative identification requirements for new mail-in voter registrants would be established. Silver noted the bill would bring New York State into compliance with federal regulations for new voter identification requirements as well as the establishment of a statewide voter registration list.

In order to cast a ballot on a voting machine, the voter must meet one of these four alternatives:

1. previously voted in a federal election in New York;
2. provide a current and valid driver's license number or the last four digits of Social Security number;
3. provide a photo ID or a copy of a utility bill, bank statement or other similar document when registering; or,
4. present ID or a utility bill, bank statement or other similar document, when going to vote.

If a voter cannot satisfy one of the alternative requirements, the voter may still cast a paper affidavit ballot.

Voting Machine Standards/Creating A Paper Audit Trail (Wright A.8847-A)

This measure would ban punch ballots, which were the controversial method used in Florida for the 2000 presidential election. It also would and require statewide use of a single type of electronic voting machine that would be accessible to all citizens - including persons with disabilities and voters with limited English proficiency - and easily audited in order to assure voter confidence

In particular, the bill requires voting machines to produce and retain an anonymous, voter- verifiable paper record, which the voter will review and confirm.

Highlighting recent media reports that spotlighted the vulnerability of the Maryland voter system to tampering, Silver said the integrity of New York's voting process would be ensured through a required automatic, manual audit of two percent of the voting machines to compare the results of the paper count with the results of the electronic count.

Other provisions of the bill would ensure at least one voting machine in each polling place would be equipped with audio-prompt voting features, a hand-held voting interface, as well as a voting attachment for voters with limited mobility.

Administrative Complaint Procedure (Benjamin A.8841-A)

This bill would provide an administrative procedure through which a voter may make a complaint relating to any violation of Title III of HAVA. The state board of elections would be required to act on a complaint within 90 days. Complaints not acted upon would be determined by an independent administrative complaint procedure within 60 additional days.

"This bill provides a much-needed process for addressing complaints," said Assemblyman Michael Benjamin (D-Bronx). "Voters facing problems when they go to vote have gotten short shrift from the current system. Enactment of this legislation means we will finally be able to better protect the rights of all voters."

Poll Site Accessibility (Cahill A.5473-A)

This bill would establish basic guidelines to ensure the persons with disabilities have access to polling sites. Polling places would be required to meet the accessibility standards of the federal Americans with Disabilities Act (ADA).

"Voting is the cornerstone of government participation, and every person is entitled to participate to the fullest extent. We believe that people with disabilities should have equal access to polling places and any new voting machines purchased in the future should be suitable for that purpose," said Assemblyman Kevin Cahill (D-Kingston), chair of the Legislative Task Force on People with Disabilities.

Silver said the bills, which also were passed by the Assembly last year, sought to provide all eligible voters with the opportunity to vote, while taking the necessary steps to ensure implementation of new technology does not expose New York to the type of potential fraud evidenced in Maryland.

"Elections are the lifeblood of our democracy," said Silver. "But they are meaningless without public trust. HAVA offers New York State the opportunity to increase voter participation and modernize the voting process.

"The Assembly remains committed to providing the voters of this state an electoral system that protects democracy and encourages broad participation," said Silver. "In order to fully access the federal resources needed to empower New York's electorate, legislation must be enacted. I look forward to working with the Senate and the governor on this endeavor."