Prohibits local boards of elections from purchasing direct recording electronic machines; requires local boards of elections to provide hand marking and ballot marking device options at all polling places.
STATE OF NEW YORK
________________________________________________________________________
10126
IN SENATE
April 30, 2026
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to prohibiting local
boards of elections from purchasing direct recording electronic
machines
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 7-202 of the election law, as
2 added by chapter 181 of the laws of 2005, is amended and a new subdivi-
3 sion 5 is added to read as follows:
4 4. Local boards of elections which obtain voting machines pursuant to
5 this chapter [may determine to] shall purchase [direct recording elec-
6 tronic machines or] optical scan machines that tabulate paper ballots
7 marked by hand that comply with section 7-104 of this article, and
8 ballot marking devices that comply with subdivision two of this section
9 but do not tabulate votes, in conformance with the requirements of this
10 chapter.
11 5. Local boards of elections must provide every voter at every polling
12 place, both of the following options:
13 (a) to hand mark a paper ballot that complies with section 7-104 of
14 this article; or
15 (b) to use a ballot marking device that does not tabulate votes to
16 mark such paper ballot.
17 § 2. Voting machines and systems purchased prior to the effective date
18 of this act may continue to be used and maintained if they are designed
19 and constructed to utilize paper ballots that comply with section 7-104
20 of the election law.
21 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14049-01-5
