S09192 Summary:

BILL NOS09192
 
SAME ASNo Same As
 
SPONSORFELDER
 
COSPNSR
 
MLTSPNSR
 
Amd §§7-200, 7-202, 7-203, 3-412 & 3-302, add §3-213, El L
 
Enacts the "restore faith in voting act"; relates to requiring the purchase of direct recording electronic machines which produce and retain a voter verified permanent paper record in the city of New York (Part A); relates to mandatory core curriculum and to mandatory training curriculum for election commissioners, key staff of boards of elections and poll workers (Part B); and relates to establishing mobile operations voting equipment units (Part C).
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S09192 Actions:

BILL NOS09192
 
11/19/2018REFERRED TO RULES
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S09192 Committee Votes:

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S09192 Floor Votes:

There are no votes for this bill in this legislative session.
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S09192 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9192
 
                    IN SENATE
 
                                    November 19, 2018
                                       ___________
 
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the election law, in relation to requiring the  purchase
          of  direct  recording  electronic  machines which produce and retain a
          voter verified permanent paper record in the city of  New  York  (Part
          A);  to  amend the election law, in relation to mandatory core curric-
          ulum; and to amend the election law, in relation to mandatory training
          curriculum  for  election  commissioners,  key  staff  of  boards   of
          elections and poll workers (Part B); and to amend the election law, in
          relation  to  establishing  mobile  operations  voting equipment units
          (Part C)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to enact the  restore  faith  in  voting  act.  Each
     3  component  is  wholly  contained  within  a  Part  identified as Parts A
     4  through C. The effective date for each  particular  provision  contained
     5  within  such  Part  is  set  forth in the last section of such Part. Any
     6  provision in any section contained within a Part, including  the  effec-
     7  tive date of the Part, which makes reference to a section "of this act",
     8  when  used in connection with that particular component, shall be deemed
     9  to mean and refer to the corresponding section of the Part in  which  it
    10  is found. Section four of this act sets forth the general effective date
    11  of this act.
    12    §  2.  Short  title.  This  act shall be known and may be cited as the
    13  "restore faith in voting act".
 
    14                                   PART A
 
    15    Section 1. Subdivision 1 of section 7-200  of  the  election  law,  as
    16  amended  by  chapter  181  of  the  laws  of 2005, is amended to read as
    17  follows:
    18    1. [The board of elections of the city of New York and  other  county]
    19  County  boards  of  elections  may  adopt  any kind of voting machine or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16723-02-8

        S. 9192                             2
 
     1  system approved by the state board of elections, or the use of which has
     2  been specifically authorized by law, and the board of elections  of  the
     3  city  of  New  York shall adopt any direct recording electronic machines
     4  which  produce  and  retain  a  voter  verified  permanent  paper record
     5  approved by the state board of  elections;  and  thereupon  such  voting
     6  machine  or system may be used at any or all elections and shall be used
     7  at all general or special elections held by such boards  in  such  city,
     8  town  or  village and in every contested primary election in the city of
     9  New York and in every contested primary election outside the city of New
    10  York in which there are one thousand or more enrolled  voters  qualified
    11  to  vote.  No  more  than two types of voting machines or systems may be
    12  used by any local board of elections at a single election.  On or before
    13  January first, two thousand twenty, the state board of  elections  shall
    14  approve  direct recording electronic machines which produce and retain a
    15  voter verified permanent paper record for the initial adoption  of  such
    16  machines  by  the  board  of elections of the city of New York. Notwith-
    17  standing the other provisions of this subdivision, any  local  board  of
    18  elections  may  borrow  or  lease for use on an experimental basis for a
    19  period of not more than one year each, voting machines or systems of any
    20  type approved by the state board of elections.
    21    § 2. Subdivision 4 of section 7-202 of the election law, as  added  by
    22  chapter 181 of the laws of 2005, is amended to read as follows:
    23    4.  Local boards of elections which obtain voting machines pursuant to
    24  this chapter may  determine  to  purchase  direct  recording  electronic
    25  machines  or  optical scan machines in conformance with the requirements
    26  of this chapter; provided, however, the board of elections of  the  city
    27  of  New  York  shall purchase direct recording electronic machines which
    28  produce and retain a voter verified permanent paper record  in  conform-
    29  ance  with  the  requirements  of  this  chapter.  The  initial costs of
    30  purchasing such direct recording electronic machines necessary to  bring
    31  the  board  of  elections  of  the city of New York into compliance with
    32  subdivision one of section 7-200 of this title, as amended by a  chapter
    33  of the laws of two thousand eighteen, shall be borne by the state.
    34    § 3. Subdivision 3 of section 7-203 of the election law, as amended by
    35  chapter 180 of the laws of 2005, is amended to read as follows:
    36    3.  In  the event that the board of elections shall not agree upon, or
    37  the county shall not execute a contract or contracts  for  the  purchase
    38  of,  the  necessary voting machines, such contract or contracts shall be
    39  awarded, made and executed by the state board of elections,  in  accord-
    40  ance with subdivision four of section 3-100 of this chapter, on approval
    41  of  the  attorney general as to form. The expense of making and entering
    42  into such contracts, including the preparation and printing of  specifi-
    43  cations,  and  also  all  payments for voting machines to be made there-
    44  under, shall be chargeable to the county, except in the city of New York
    45  where such expense shall be chargeable to such city, and it shall be the
    46  duty of the comptroller or other chief fiscal officer of the  county  or
    47  city,  as  the  case may be, to pay the same upon the certificate of the
    48  officer making such contract, or upon the certificate of the state board
    49  of elections in the event that such contract be made  by  it;  provided,
    50  however,  if such contract is for the initial purchase of direct record-
    51  ing electronic machines which produce and retain a voter verified perma-
    52  nent paper record to bring the board of elections of  the  city  of  New
    53  York  into  compliance  with  subdivision  one  of section 7-200 of this
    54  title, as amended by a chapter of the laws  of  two  thousand  eighteen,
    55  such  expenses  shall be borne by the state. No provision of any charter
    56  or other law or ordinance governing the purchase  of  patented  articles

        S. 9192                             3
 
     1  shall  be deemed to apply to the purchase of voting machines pursuant to
     2  the provisions of  this  section.  Nothing  in  this  section  shall  be
     3  construed  to  prevent  the  state  board of elections from distributing
     4  voting  machines  to boards of elections pursuant to other provisions of
     5  this chapter without charge.
     6    § 4. This act shall take effect immediately.
 
     7                                   PART B

     8    Section 1. Subdivision 1-a of section 3-412 of the  election  law,  as
     9  added by chapter 181 of the laws of 2005, is amended to read as follows:
    10    1-a.  The  state  board  of elections shall establish a mandatory core
    11  curriculum for poll worker training which includes the  requirements  in
    12  subdivision two of this section, [as amended by a chapter of the laws of
    13  2005,]  and the rights of voters at the polls and obligation of election
    14  workers to protect those rights while maintaining the integrity  of  the
    15  franchise,  including [assisting] accommodating voters with disabilities
    16  or with limited or no proficiency in  the  English  language,  handling,
    17  processing and entitlement to ballots, including affidavit and emergency
    18  ballots,  proper  identification requirements, procedures to be followed
    19  with respect to voters whose names are not on  the  list  of  registered
    20  voters  or  whose  identities have not been verified, electioneering and
    21  other violations of the elective franchise as defined in  this  chapter,
    22  solicitation  by  individuals and groups at the polling place and proce-
    23  dures to be followed after the polls close.  Such core  curriculum  also
    24  shall  include  specific  training  in  the  proper  operation of voting
    25  systems used in the election;  procedures  for  expeditiously  providing
    26  directions  to  voters  about their assigned election district; ensuring
    27  polling sites are  accessible  to  voters  with  disabilities  or  other
    28  specific  needs;  providing accommodation to persons who are illiterate;
    29  the requirements for conducting signature verification  of  voters;  the
    30  requirements  for individuals seeking to challenge voter eligibility and
    31  the process for handling any such challenges;  and  security  procedures
    32  for the election. Each board of elections shall augment the core curric-
    33  ulum  with  local  procedures  not inconsistent with the core curriculum
    34  adopted by the state board of elections and  which  includes  procedures
    35  relating to proper operation of, and remedying problems with, the voting
    36  machine  or system in use in that jurisdiction.  Each board of elections
    37  shall also develop and implement procedures to assist in the  recruiting
    38  of new poll workers.
    39    § 2. The election law is amended by adding a new section 3-213 to read
    40  as follows:
    41    §  3-213.  Boards  of  elections;  mandatory  training  curriculum. 1.
    42  Election commissioners and such other board of  elections  employees  as
    43  determined by the state board of elections shall within six months after
    44  their  first  appointment complete a course of instruction on the opera-
    45  tion of a board of elections which shall be provided by the state  board
    46  of  elections. The curriculum shall be established by the state board of
    47  elections in consultation with  election  commissioners  and  shall  not
    48  exceed thirty hours of instruction.
    49    2.  Annually,  election  commissioners  and  other  board of elections
    50  employees as determined by the state board of elections, shall  complete
    51  before June first a continuing course of instruction on the operation of
    52  a  board  of  elections  which  shall  be provided by the state board of
    53  elections. The curriculum shall be established by  the  state  board  of

        S. 9192                             4
 
     1  elections  in consultation with the election commissioners and shall not
     2  exceed three hours of instruction.
     3    3. The state board of elections shall provide the training required by
     4  subdivision two of this section through, in addition to other methods it
     5  may choose, a web-based recorded format.
     6    4.  Upon  the  failure of a commissioner or other employee to complete
     7  the instruction within the time required  by  this  section,  the  state
     8  board of elections shall send a letter to the county legislature or city
     9  council and the respective county party chair of the jurisdiction of the
    10  commissioner stating the delinquency.
    11    §  3. Section 3-412 of the election law is amended by adding three new
    12  subdivisions 1-b, 1-c and 1-d to read as follows:
    13    1-b. The state board of elections shall establish and host  an  educa-
    14  tion  and training institute which shall be responsible for the develop-
    15  ment and implementation of  a  statewide  program  wherein  persons  can
    16  become  certified poll worker trainers. This institute shall also create
    17  a train-the-trainer program, in order for county boards of elections  to
    18  implement  an effective training program at their respective local level
    19  of program delivery.  The state board's trainers shall  include  in  the
    20  trainer curriculum to be developed, attention to, inter alia, poll work-
    21  er  ability  to  serve a diverse electorate with complete confidence and
    22  respect; professionalizing the delivery of all  election  day  services;
    23  providing  assistance to voters with disabilities and those with limited
    24  English language proficiency, ensuring the dignity and privacy  of  such
    25  individuals;  and  to  individuals  who  are members of racial or ethnic
    26  minorities, complete familiarity and comfort with all voting systems  in
    27  use   in   poll   sites,  including  ballot  marking  devices  or  other
    28  systems/services available to voters with disabilities; and poll  worker
    29  ability  to recognize and resolve a variety of issues which may arise in
    30  poll sites. The state board's trainers and  all  certified  poll  worker
    31  instructors  shall  utilize industry-proven training techniques aimed at
    32  adult learners  including  role-based  training  and  hands-on  training
    33  opportunities  using  official  election  day forms and poll site voting
    34  systems and may further include  a  web-based  component  and  companion
    35  video.
    36    1-c.  County boards shall enroll trainers in the program in such quan-
    37  tities to ensure that an adequate contingent of fully trained and certi-
    38  fied poll worker trainers are available to meet the  training  needs  of
    39  such  county.  Each county board of elections shall enroll not less than
    40  two persons designated by the county board on a bipartisan basis, in the
    41  state board of elections training  institute.  Certified  trainers  must
    42  maintain  their  certification  by  attending  once  every  two years, a
    43  continuing education program, to ensure the professionalism of the  poll
    44  worker  training  agenda  set by the state board of elections. Enrollees
    45  who have successfully completed the state board's training  program  and
    46  been  awarded a "certified poll worker instructor" certificate may serve
    47  at the county board as a trainer of poll workers as well as a trainer of
    48  other bi-partisan designees of the county board, however the  conferring
    49  of  the title "certified poll worker instructor" may be made only by the
    50  state board of elections.
    51    1-d. The state board of elections shall adopt  such  rules  and  regu-
    52  lations  which  may  be  necessary  to create the training institute and
    53  associated curricula provided for in subdivisions one-a, one-b and one-c
    54  of this section, including a process whereby attendees who  successfully
    55  complete  a  state  board-sponsored  training program shall be awarded a

        S. 9192                             5
 
     1  certificate conferring upon him or her, the  title  of  "certified  poll
     2  worker instructor".
     3    §  4.  This act shall take effect immediately; provided, however, that
     4  sections two and three of this act shall take effect on the one  hundred
     5  eightieth  day after it shall have become a law; provided, however, that
     6  effective immediately, the addition, amendment and/or repeal of any rule
     7  or regulation necessary for the implementation of this act on its effec-
     8  tive date are authorized and directed to be made  and  completed  on  or
     9  before such effective date.
 
    10                                   PART C
 
    11    Section  1.  Section  3-302 of the election law is amended by adding a
    12  new subdivision 8 to read as follows:
    13    8. On or before January first,  two  thousand  twenty,  the  board  of
    14  elections  shall establish a mobile operations voting equipment unit for
    15  every one hundred polling places within such board's jurisdiction.  Each
    16  mobile  operations  voting  equipment  unit  shall  include at least two
    17  voting machine technicians with the proper training and education on the
    18  preparation, use, maintenance and repair of voting machines as  required
    19  by  this section. Appointments of voting machine technicians to a mobile
    20  operations voting equipment unit shall be equally  divided  between  the
    21  major  political parties. Such technicians shall be deployed on election
    22  day by the board of elections  to  any  polling  place  where  a  voting
    23  machine  is  reported as malfunctioning or inoperable for inspection and
    24  repair of such machine.
    25    § 2. This act shall take effect immediately.
    26    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    27  sion, section or part of this act shall be  adjudged  by  any  court  of
    28  competent  jurisdiction  to be invalid, such judgement shall not affect,
    29  impair, or invalidate the remainder thereof, but shall  be  confined  in
    30  its  operation  to the clause, sentence, paragraph, subdivision, section
    31  or part thereof directly involved  in  the  controversy  in  which  such
    32  judgement  shall  have  been  rendered.  It is hereby declared to be the
    33  intent of the legislature that this act would have been enacted even  if
    34  such invalid provisions had not been included herein.
    35    §  4.  This  act shall take effect immediately provided, however, that
    36  the applicable effective date of Parts A through C of this act shall  be
    37  as specifically set forth in the last section of such Parts.
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