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S06169 Summary:

BILL NOS06169B
 
SAME ASSAME AS A05934-B
 
SPONSORCLEARE
 
COSPNSRWEBB
 
MLTSPNSR
 
Amd §§1-104, 7-104 & 7-106, El L
 
Enacts the "voting integrity and verification act of New York (VIVA NY)"; provides that each voter is entitled to the use of an individual, voter verifiable paper ballot of the voter's vote and the opportunity to mark it privately and independently.
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S06169 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6169--B
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     March 31, 2023
                                       ___________
 
        Introduced  by Sens. CLEARE, WEBB -- read twice and ordered printed, and
          when printed to be committed to the Committee on Elections --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee -- recommitted to the Committee on  Elections
          in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the election law, in relation to  enacting  the  "voting
          integrity and verification act of New York (VIVA NY)"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be  cited  as  the  "voting
     2  integrity and verification act of New York (VIVA NY)".
     3    §  2.  Section  1-104 of the election law is amended by adding two new
     4  subdivisions 40 and 41 to read as follows:
     5    40. Notwithstanding any other provision of law, the term  "nontabulat-
     6  ing  ballot  marking device" means a voting machine that cannot and does
     7  not count or transmit votes and does not retain any official  record  of
     8  the  voters'  selections,  but  can mark or print voters' selections and
     9  have those selections printed on an individual, voter  verifiable  paper
    10  ballot.
    11    41.  The term "human readable paper ballot" means a paper ballot where
    12  all the candidates, ballot proposals and selections that could be  tabu-
    13  lated  are  readable  without assistance, other than eyeglasses or other
    14  standard personal vision enhancing devices.
    15    § 3.  Subdivision 26 of section 7-104 of the election law, as added by
    16  chapter 411 of the laws of 2019, is amended to read as follows:
    17    26. All paper ballots of the same kind for the  same  [polling  place]
    18  election  district  shall  be  identical. Each voter voting in a polling
    19  place is entitled to the use of an individual,  voter  verifiable  paper
    20  ballot  of the voter's vote and the opportunity to mark it privately and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10156-05-3

        S. 6169--B                          2
 
     1  independently.  For the purposes of this title,  the  term  "individual,
     2  voter  verifiable paper ballot" means a human readable paper ballot that
     3  is either (a) marked by the voter by hand; or (b) marked through the use
     4  of a nontabulating ballot marking device. Voters shall have both options
     5  in paragraphs (a) and (b) of this subdivision available in every polling
     6  place.
     7    § 4. Subdivision 3 of section 7-106 of the election law, as amended by
     8  chapter 411 of the laws of 2019, is amended to read as follows:
     9    3.  All  paper  ballots  of the same kind for the same [polling place]
    10  election district shall be identical.
    11    § 5. This act shall take effect immediately.
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