NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7832B
SPONSOR: Cusick TITLE OF BILL: An act to amend the election law, in relation to run-
off elections in the city of New York; and providing for the repeal of
such provisions upon the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
New York State Election Law § 6-162 requires that the city of New York
conduct a run-off election two weeks after a primary election in the
event that no candidate for Mayor, Public Advocate or Comptroller
receives 40% or more of the primary vote. New York City is the only
jurisdiction in the state required to hold a run-off election. This year
is the first city-wide election in which optical scanning machines will
be used in a run-off election should the need for one arise. In the
event that a run-off election is required, there will be a need for a
very quick post-primary election vote canvass. Therefore, the board of
elections in the city of New York, has expressed a desire to have the
authority to use mechanical lever voting machines for the primary
election and/or the run-off - in 2013 alone - if the board deems it
necessary. Therefore, this bill allows the board of elections in the
city of New York to use mechanical lever machines in the primary and/or
run-off elections under certain limited circumstances. In addition, this
legislation extends to three weeks, up from two weeks, the timeframe in
which the City must conduct such a run-off election.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill is legislative findings.
Section 2 of the bill amends § 4-114(1) of the election law to require
that the Board of Elections of the city of New York shall determine the
candidates duly nominated for public office and the questions that shall
appear on the ballot within the jurisdiction of such board of elections
not later than the twenty-eighth day preceding a general election.
Section 3 of the bill amends § 7-200(1) of the election law to allow the
board of elections in the city of New York the option to use lever
machines in the primary election if such board of elections determines
that the use of such mechanical lever machines are necessary to ensure
the timely and orderly administration of the primary, including, but not
limited to a timely vote count. Section 3 of the bill further authorizes
the board of elections in the city of New York the option to use lever
machines in the run-off election if such board of elections determines
that the use of the state approved optical scanning voting machines at
the run-off is impractical given the costs and statutory time
constraints associated with the preparation, deployment and use of the
optical scanning machines. This section of the legislation also ensures
that ballot marking devices be used at all polling places in the city of
New York if the board of elections of such city exercises its option to
use mechanical lever voting machines. Finally, section three requires
that the NYCBOE make a determination as to the use of mechanical lever
voting machines on July 27, 2013 or ten days after the bill becomes law
(if enacted on or after July 17, 2013), but in no case later than August
31, 2013.
Section 4 of the bill amends § 8-100(1) (b) of the election law to spec-
ify that in the event of a run-off election, pursuant to § 6-162 of the
election law, in the city of New York, that such run-off shall be held
on the third Tuesday next succeeding the date on which the primary
election was held.
Section 5 of the bill amends § 8-412(1) of the election law to allow for
absentee ballots cast in the general election (in a year in which there
is a run-off) in the city of New York to be returned up to 14 days after
such election.
Section 6 of the bill amends § 9-214 of the election law to extend to
not later than 30 days after the general election the time in which the
board of elections in the City of New York shall transmit to the secre-
tary of state a list of the names and residences of all persons deter-
mined to have been elected to any county office. Such provision shall
only apply to offices in the city of New York and only in a year in
which there has been a run-off election.
Section 7 of the bill amends § 10-108(1)(a) of the election law to state
that in any year in which there has been a run-off election in the city
of New York that ballots for military voters shall be transmitted to
such voters as soon as practicable, but in any event not later than 25
days before a general election in that year.
Section 8 of the bill amends § 10-114(1) of the election law to allow
for military ballots cast in the general election (in a year in which
there is a run-off) in the city of New York to be returned up to 20 days
after such election.
Section 9 of the bill notwithstanding any provision of general, special
or local law that would render the preparation, deployment and utiliza-
tion of lever voting machines impractical where the board of elections
in the city of New York makes a determination with respect to such
machines as authorized by section three of this bill.
Section 10 of the bill requires the board of elections in the city of
New York to issue a report, on or before July 1, 2014, to various
government officials detailing a plan for administering effective and
timely elections in the city of New York using optical scanning voting
systems that meet the requirements of the election law. In addition to
other requirements, such report must include a plan for further educa-
tion and training of board of elections staff and election day workers
regarding the needs of voters with disabilities.
Section 11 requires the NYCBOE to The board of elections in the city of
New York shall adopt procedures regarding the preparation, deployment
and utilization of mechanical lever voting machines should such board of
elections determine under section three of this act that such lever
voting machines shall be used. Such procedures shall seek to ensure that
the canvass and recanvass of the mechanical lever voting machines occurs
in a timely and efficient manner and, to the extent practicable, in a
manner not inconsistent with article 9 of the Election Law as in effect
on January 1, 2010, as such article applied to elections conducted with
mechanical lever voting machines.
Section 12 of the bill is the effective date.
JUSTIFICATION:
Pursuant to the Help America Vote Act (HAVA), New York State adopted
optical scanning voting machines for use in all elections governed by
the state election law. This policy was fully realized beginning with
the elections in 2010. The board of elections of the city of New York,
along with other county boards of elections, has been diligent in train-
ing staff and poll workers in the operation, use and maintenance of
these optical scanning machines. These optical scanning machines have
thoroughly modernized the way elections are administered in New York
State. Because the optical scanning machines were specifically designed
to retain and produce voter verifiable voting records, the canvass of
votes as well as the testing of machines takes a little more time than
the old mechanical lever voting machines. County boards of elections
throughout the state recognize the superior technology that optical
scanning machines provide and have embraced it. However, in recognition
of the unique circumstance that the city of New York is subject to the
state's only run-off election, and the city of New York's size, the
board of elections in the city of New York has stated that it will be
very difficult to canvass, audit and test all of their optical scanning
voting machines after a primary in time for a run-off election two weeks
later. The board of elections in the city of New York is confident that
in future years, these issues can and will be resolved in order to
accommodate the statutory run-off election. However, this year the board
of elections in the city of New York has asked for a one-time dispensa-
tion to use mechanical lever voting machines if the board shall deem it
necessary.
This bill affords the board of elections in the city of New York the
opportunity to use mechanical lever voting machines in both the primary
and run-off elections should the board of elections specifically deter-
mine the necessity for their use. Also, an additional week is allotted
for the board of elections in the city of New York to prepare for the
run-off election should there be one.
As the election law contains a carefully drawn political calendar,
adjusting the time for the holding of a run-off election in the city of
New York necessarily resulted in the pushing back of certain deadlines.
Such changes are also reflected in this bill.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATION:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed December 31, 2013, except that section 10 of this act shall
expire and be deemed repealed on August 1, 2014.
STATE OF NEW YORK
________________________________________________________________________
7832--B
R. R. 285
2013-2014 Regular Sessions
IN ASSEMBLY
June 5, 2013
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Election Law -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Rules -- passed by Assembly and delivered
to the Senate, recalled from the Senate, vote reconsidered, bill
amended, ordered reprinted, retaining its place on the special order
of third reading
AN ACT to amend the election law, in relation to run-off elections in
the city of New York; and providing for the repeal of such provisions
upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds and declares
2 that the effective and timely administration of local elections in the
3 city of New York is a matter of substantial state concern. In further-
4 ance of this concern, the legislature finds that it is essential to the
5 local democratic process to ensure that the board of elections in the
6 city of New York utilizes voting machines that allow for the timely and
7 orderly administration of elections. In order to modernize and update
8 the voting systems utilized in New York State, the legislature passed
9 the Election Reform and Modernization Act of 2005, which set forth
10 requirements for electronic voting systems, including optical scanning
11 voting machines, throughout the state. The implementation of these elec-
12 tronic voting systems has brought the state into conformance with
13 national standards for voting system performance and modernization. The
14 state has a substantial interest in ensuring that elections in the city
15 of New York are generally conducted with an electronic voting system
16 that meets the above mentioned statewide standards. At the same time,
17 the city of New York is uniquely situated in that a run-off primary is
18 required to be held two weeks after the local primary election in
19 certain circumstances. In recent elections administered with optical
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11277-07-3
A. 7832--B 2
1 scanning voting machines, approved by the state board of elections, it
2 has taken over two weeks for the board of elections in the city of New
3 York to finalize election results. A series of one-time and immediate
4 short-term changes to the current election law, as applied to the city
5 of New York, are therefore necessary to further the state's substantial
6 concerns and ensure that the 4.2 million registered voters in the city
7 of New York are able to exercise their voting rights in a timely and
8 orderly primary election and run-off election, should a run-off be
9 required.
10 § 2. Section 4-114 of the election law, as amended by chapter 4 of the
11 laws of 2011, is amended to read as follows:
12 § 4-114. Determination of candidates and questions; county board of
13 elections. The county board of elections, not later than the thirty-
14 fifth day before the day of a primary or general election, or the
15 fifty-third day before a special election, shall determine the candi-
16 dates duly nominated for public office and the questions that shall
17 appear on the ballot within the jurisdiction of that board of elections.
18 Provided, however, in any year in which there has been a run-off
19 election in the city of New York, the board of elections of such city
20 shall, not later than the twenty-eighth day before the general election
21 in that year, determine the candidates duly nominated for public office
22 and the questions that shall appear on the ballot within the jurisdic-
23 tion of the board of elections of the city of New York.
24 § 3. Subdivision 1 of section 7-200 of the election law, as amended by
25 chapter 181 of the laws of 2005, is amended to read as follows:
26 1. The board of elections of the city of New York and other county
27 boards of elections may adopt any kind of voting machine or system
28 approved by the state board of elections, or the use of which has been
29 specifically authorized by law; and thereupon such voting machine or
30 system may be used at any or all elections and shall be used at all
31 general or special elections held by such boards in such city, town or
32 village and in every contested primary election in the city of New York
33 and in every contested primary election outside the city of New York in
34 which there are one thousand or more enrolled voters qualified to vote.
35 No more than two types of voting machines or systems may be used by any
36 local board of elections at a single election. Notwithstanding the other
37 provisions of this subdivision, any local board of elections may borrow
38 or lease for use on an experimental basis for a period of not more than
39 one year each, voting machines or systems of any type approved by the
40 state board of elections.
41 (a) (i) The board of elections in the city of New York shall deploy
42 and utilize optical scanning voting machines approved by the state board
43 of elections at all primary elections conducted pursuant to section
44 8-100 of this chapter.
45 (ii) Notwithstanding subparagraph (i) of this paragraph, the board of
46 elections in the city of New York is hereby authorized to prepare,
47 deploy and utilize mechanical lever voting machines at any non-federal
48 primary election, conducted pursuant to section 8-100 of this chapter.
49 The preparation, deployment and utilization of such mechanical lever
50 machines shall only occur after such board of elections determines the
51 use of such mechanical lever machines at such a non-federal primary
52 election is necessary to ensure the timely and orderly administration of
53 the primary election, including but not limited to a timely vote count.
54 (b) (i) The board of elections in the city of New York shall deploy
55 and utilize optical scanning voting machines approved by the state board
A. 7832--B 3
1 of elections in all run-off elections conducted pursuant to section
2 8-100 of this chapter.
3 (ii) Notwithstanding subparagraph (i) of this paragraph, the board of
4 elections in the city of New York is hereby authorized to prepare,
5 deploy and utilize mechanical lever voting machines at any run-off
6 election, conducted pursuant to section 8-100 of this chapter. The prep-
7 aration, deployment and utilization of such mechanical lever machines
8 shall only occur after such board of elections determines that the prep-
9 aration, deployment and utilization of optical scanning voting machines
10 approved by the state board of elections, at such run-off election is
11 impracticable given the costs and statutory time constraints associated
12 with the preparation, deployment and utilization of such optical scan-
13 ning machines.
14 (c) Should the board of elections in the city of New York determine to
15 utilize such mechanical lever voting machines pursuant to paragraph (a)
16 or (b) of this subdivision, in any primary or run-off election, pursuant
17 to section 8-100 of this chapter, such determination shall be made on or
18 before July twenty-seventh, two thousand thirteen. Should the chapter
19 of the laws of two thousand thirteen that added this paragraph take
20 effect on a date on or after July seventeenth, two thousand thirteen,
21 then such determination shall be made within ten days after such date.
22 In no event shall such determination be made after August thirty-first,
23 two thousand thirteen.
24 (d) Should the board of elections in the city of New York utilize such
25 mechanical lever voting machines pursuant to paragraph (a) or (b) of
26 this subdivision, in any primary or run-off election, pursuant to
27 section 8-100 of this chapter, such board of elections must also provide
28 a voting system that meets the requirements of paragraphs a, b and c of
29 subdivision two of section 7-202 of this title in each polling site.
30 § 4. Paragraph (b) of subdivision 1 of section 8-100 of the election
31 law, as added by chapter 373 of the laws of 1978, is amended to read as
32 follows:
33 (b) In the event a run-off primary election is required in the city of
34 New York, it shall be held on the [second] third Tuesday next succeeding
35 the date on which the initial primary election was held.
36 § 5. Subdivision 1 of section 8-412 of the election law, as amended by
37 chapter 155 of the laws of 1994, is amended to read as follows:
38 1. The board of elections shall cause all absentee ballots received by
39 it before the close of the polls on election day and all ballots
40 contained in envelopes showing a cancellation mark of the United States
41 postal service or a foreign country's postal service, or showing a dated
42 endorsement of receipt by another agency of the United States govern-
43 ment, with a date which is ascertained to be not later than the day
44 before election and received by such board of elections not later than
45 seven days following the day of election, or fourteen days following the
46 day of the general election in the city of New York in any year in which
47 there has been a run-off election, to be cast and counted except that
48 the absentee ballot of a voter who requested such ballot by letter,
49 rather than application, shall not be counted unless a valid application
50 form, signed by such voter, is received by the board of elections with
51 such ballot.
52 § 6. Section 9-214 of the election law, the section heading and first
53 undesignated paragraph as amended by chapter 286 of the laws of 1983,
54 and the second undesignated paragraph as amended by chapter 4 of the
55 laws of 2011, is amended to read as follows:
A. 7832--B 4
1 § 9-214. Transmission of statements of canvassing boards to state
2 board of elections and secretary of state. The board of elections shall
3 transmit by mail or cause to be delivered personally to the state board
4 of elections, a certified copy of the statement of the canvassing board
5 relating to the offices of electors of president and vice-president of
6 the United States, United States senator, representatives in congress
7 and state offices, including members of the state senate and assembly,
8 and to the votes cast on any ballot proposal submitted to all the voters
9 of the state, within twenty-five days after the election. If any certi-
10 fied copy shall not be received by the state board on or before the
11 twenty-fifth day following a general election, or a special election, it
12 shall dispatch a special messenger to obtain such certified copy, and
13 the board of elections, immediately upon demand of such messenger at its
14 office, shall make and deliver a certified copy to such messenger who
15 shall deliver it forthwith to the state board.
16 The board of elections shall transmit to the secretary of state within
17 twenty-five days after a general election, and within twenty days after
18 a special election, a list of the names and residences of all persons
19 determined by the canvassing board to be elected to any county office.
20 Notwithstanding the foregoing provisions of this section, in any year in
21 which there has been a run-off election in the city of New York, the
22 board of elections in the city of New York shall transmit to the secre-
23 tary of state not later than thirty days after the general election in
24 that year a list of the names and residences of all persons determined
25 by the canvassing board to be elected to any county office.
26 The board of elections shall transmit to the state board, on or before
27 the tenth day of December following an election for governor, a certi-
28 fied tabulated statement, by election districts, of the official canvass
29 of the votes cast for candidates for governor, to include, in the case
30 of a candidate who was nominated by two or more parties or independent
31 bodies, a separate statement of the number of votes cast for him as the
32 candidate of each party or independent body by which he was nominated
33 and if the county contains more than one assembly district or parts of
34 more than one assembly district, a statement of the number of votes cast
35 for governor by assembly district.
36 § 7. Paragraph (a) of subdivision 1 of section 10-108 of the election
37 law, as amended by chapter 4 of the laws of 2011, is amended to read as
38 follows:
39 (a) Ballots for military voters shall be mailed or otherwise distrib-
40 uted by the board of elections, in accordance with the preferred method
41 of transmission designated by the voter pursuant to section 10-107 of
42 this article, as soon as practicable but in any event not later than
43 thirty-two days before a primary or general election; twenty-five days
44 before a New York city community school board district or city of
45 Buffalo school district election; fourteen days before a village
46 election conducted by the board of elections; and forty-five days before
47 a special election. Notwithstanding the foregoing provisions of this
48 section, in any year in which there has been a run-off election in the
49 city of New York, ballots for military voters shall be mailed or other-
50 wise distributed by the board of elections of such city in accordance
51 with the preferred method of transmission designated by the voter pursu-
52 ant to section 10-107 of this article, as soon as practicable but in any
53 event not later than twenty-five days before a general election in that
54 year. A voter who submits a military ballot application shall be enti-
55 tled to a military ballot thereafter for each subsequent election
56 through and including the next two regularly scheduled general elections
A. 7832--B 5
1 held in even numbered years, including any run-offs which may occur;
2 provided, however, such application shall not be valid for any election
3 held within seven days after its receipt. Ballots shall also be mailed
4 to any qualified military voter who is already registered and who
5 requests such military ballot from such board of elections in a letter,
6 which is signed by the voter and received by the board of elections not
7 later than the seventh day before the election for which the ballot is
8 requested and which states the address where the voter is registered and
9 the address to which the ballot is to be mailed. The board of elections
10 shall enclose with such ballot a form of application for military
11 ballot. In the case of a primary election, the board shall deliver only
12 the ballot of the party with which the military voter is enrolled
13 according to the military voter's registration records. In the event a
14 primary election is uncontested in the military voter's election
15 district for all offices or positions except the party position of
16 member of the ward, town, city or county committee, no ballot shall be
17 delivered to such military voter for such election; and the military
18 voter shall be advised of the reason why he or she will not receive a
19 ballot.
20 § 8. Subdivision 1 of section 10-114 of the election law, as amended
21 by chapter 165 of the laws of 2009, is amended to read as follows:
22 1. The board of elections shall cause all military ballots received by
23 it before the close of the polls on election day and all ballots
24 contained in envelopes showing a cancellation mark of the United States
25 postal service or a foreign country's postal service, or showing a dated
26 endorsement of receipt by another agency of the United States government
27 or are signed and dated by the voter and one witness thereto, with a
28 date which is ascertained to be not later than the day before election
29 and received by such board of elections not later than seven days
30 following the day of a primary election and not later than thirteen days
31 following the day of a general or special election to be cast and count-
32 ed. Notwithstanding the foregoing provisions of this section, in any
33 year in which there has been a run-off election in the city of New York,
34 the board of elections of such city shall cause all military ballots
35 received by it before the close of the polls on election day and all
36 ballots contained in envelopes showing a cancellation mark of the United
37 States postal service or foreign country's postal service, or showing a
38 dated endorsement of receipt by another agency of the United States
39 government or are signed and dated by the voter and one witness thereto,
40 with a date which is ascertained to be not later than the day before
41 election day and received by such board of elections not later than
42 twenty days following the day of a general election in that year to be
43 cast and counted.
44 § 9. The amendments to the election law set forth in this act shall
45 apply notwithstanding any other provision of general, special or local
46 law, including but not limited to any provision of law that would render
47 the preparation, deployment and utilization of mechanical lever voting
48 machines impracticable where the board of elections in the city of New
49 York makes a determination with respect to such machines as authorized
50 by subdivision 1 of section 7-200 of the election law as amended by
51 section three of this act.
52 § 10. On or before July 1, 2014, the board of elections in the city
53 of New York shall submit a report to the governor, temporary president
54 of the senate, speaker of the assembly, minority leader of the senate,
55 minority leader of the assembly, chair of the senate standing committee
56 on elections, chair of the assembly standing committee on election law,
A. 7832--B 6
1 mayor of the city of New York, and speaker of the New York city council,
2 detailing a plan for administering effective and timely elections in the
3 city of New York with a voting machine system that meets the require-
4 ments of title 2 of article 7 of the election law and without the use of
5 mechanical lever machines. Such plan shall address, at a minimum, train-
6 ing of board of elections staff, including poll clerks and election
7 inspectors in connection with the preparation, testing, deployment and
8 utilization of optical scanning voting machines approved by the state
9 board of elections, including further education and training regarding
10 the needs of voters with disabilities, appropriate and effective methods
11 for streamlining election night canvassing procedures, and appropriate
12 and effective methods of ensuring full and fair voting machine access
13 for all voters.
14 § 11. The board of elections in the city of New York shall adopt
15 procedures regarding the preparation, deployment and utilization of
16 mechanical lever voting machines should such board of elections deter-
17 mine under section three of this act that such lever voting machines
18 shall be used. Such procedures shall seek to ensure that the canvass and
19 recanvass of the mechanical lever voting machines occurs in a timely and
20 efficient manner and, to the extent practicable, in a manner not incon-
21 sistent with article 9 of the election law as in effect on January 1,
22 2010, as such article applied to elections conducted with mechanical
23 lever voting machines.
24 § 12. This act shall take effect immediately and shall expire and be
25 deemed repealed December 31, 2013, except that section ten of this act
26 shall expire and be deemed repealed August 1, 2014.
