Rpld S7-202, amd El L, generally; amd S92-p, St Fin L
Enacts the Election Reform and Modernization Act of 2005; relating to ballots, voting machines or voting systems; contracts for the purchase of voting machines, escrow requirements, elimination of punch cards, procurement process, and audit of voter verifiable audit records; appropriates $190,000,000 therefor.
STATE OF NEW YORK
________________________________________________________________________
S. 5877 A. 8969
2005-2006 Regular Sessions
SENATE - ASSEMBLY
June 20, 2005
___________
IN SENATE -- Introduced by Sens. FLANAGAN, MORAHAN, MALTESE, MAZIARZ,
SPANO, ALESI, BRUNO, FARLEY, FUSCHILLO, GOLDEN, LIBOUS, LITTLE,
MARCELLINO, PADAVAN, RATH, ROBACH, SALAND, SEWARD, TRUNZO, WRIGHT --
read twice and ordered printed, and when printed to be committed to
the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
A. Wright, Destito, Weinstein, Cahill, Farrell, Thiele) -- read once
and referred to the Committee on Election Law
AN ACT to amend the election law and the state finance law, in relation
to enacting the Election Reform and Modernization Act of 2005, repeal-
ing certain provisions of the election law relating to voting machine
requirements, making an appropriation therefor and providing for the
repeal of certain provisions upon expiration thereof
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 "Election
2 Reform and Modernization Act of 2005."
3 § 2. Subdivision 18 of section 1-104 of the election law is amended to
4 read as follows:
5 18. The word "ballot" when referring to voting machines or systems
6 means that portion of the cardboard or paper or other material or elec-
7 tronic display within the ballot frame containing the name of the candi-
8 date and the emblem of the party organization by which he was nominated,
9 of the form of submission of a proposed constitutional amendment, propo-
10 sition referendum or question as provided in this chapter, with the word
11 "yes" for voting for any question or the word "no" for voting against
12 any question except that where the question or proposition is submitted
13 only to the voters of a territory wholly within a county or city, such
14 form shall be determined by the county board of elections. Such state-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13478-01-5
S. 5877 2 A. 8969
1 ment and the title shall be printed and/or displayed in the largest type
2 or display which it is practicable to use in the space provided.
3 § 3. Subdivision 1 of section 7-104 of the election law, as amended by
4 chapter 654 of the laws of 1985, is amended to read as follows:
5 1. All ballots shall be printed and/or displayed in [black ink on
6 clear, white material] a format and arrangement, of such uniform size
7 and style as will fit the ballot frame, and shall be in as plain[,] and
8 clear a type or display as the space will reasonably permit[, capitaliz-
9 ing only the first letters and initials of each name]. Such type or
10 display on the ballot shall satisfy all requirements and standards set
11 forth pursuant to the federal Help America Vote Act.
12 § 4. Section 7-200 of the election law, as amended by chapter 262 of
13 the laws of 1986 and subdivision 2 as amended by chapter 356 of the laws
14 of 1986, is amended to read as follows:
15 § 7-200. Adoption and use of voting machine or system. 1. The board of
16 elections of the city of New York and [the local legislative governing
17 body of each other city and of each town shall, and the board of trus-
18 tees of any village] other county boards of elections may adopt any kind
19 of voting machine or system approved by the state board of elections, or
20 the use of which has been specifically authorized by law; and thereupon
21 such voting machine or system may be used at any or all elections and
22 shall be used at all general or special elections held by such boards in
23 such city, town or village and in every contested primary election in
24 the city of New York and in every contested primary election outside the
25 city of New York in which there are one thousand or more enrolled voters
26 qualified to vote [except in a town or city in which the voting machines
27 owned by such town or city do not permit the primary of more than one
28 party on a single voting machine for voting, registering and counting
29 votes cast at such elections.
30 2. No city or town may purchase any voting machine of a type approved
31 by the state board of elections after September first, nineteen hundred
32 eighty-six unless such type of voting machine has been approved for use
33 in that county by the county board of elections]. No more than two types
34 of voting machines or systems may be used [in any city, town or village]
35 by any local board of elections at a single election. [If a voting
36 machine of a type approved by the state board of elections after Septem-
37 ber first, nineteen hundred eighty-six is used at an election in any
38 election district, no machine of a type approved for use by the state
39 board of elections before September first, nineteen hundred eighty-six
40 may be used in such election district at any subsequent election.]
41 Notwithstanding the other provisions of this subdivision, any [county,
42 city or town] local board of elections may borrow or lease for use on an
43 experimental basis for a period of not more than one year each, voting
44 machines or systems of any type approved by the state board of elections
45 [after September first, nineteen hundred eighty-six].
46 [3.] 2. For five years after any voting machine or system of a type
47 approved by the state board of elections [after September first, nine-
48 teen hundred eighty-six] pursuant to the election reform and moderniza-
49 tion act of 2005 is first used in any election district, the [city or
50 town which purchased such machine] local board of elections which owns
51 such machine or system shall provide a model or diagram of such voting
52 machine or system for each polling place in which any such election
53 district is located. Such models or diagrams shall meet the standards
54 set forth in regulations promulgated by the state board of elections.
55 [4.] 3. Whenever there are more offices to be elected than can be
56 accommodated on the voting machine or system or more candidates have
S. 5877 3 A. 8969
1 been nominated for an office than can be accommodated on the voting
2 machine or system, the local board of elections may provide for the use
3 of separate paper ballots for such offices, when other offices are voted
4 for on voting machines or systems by voters of the same election
5 district.
6 § 5. Section 7-201 of the election law, as amended by chapter 262 of
7 the laws of 1986, the section heading as amended and subdivision 4 as
8 added by chapter 352 of the laws of 1986, subdivision 1 as amended and
9 subdivision 5 as added by chapter 400 of the laws of 1987, is amended to
10 read as follows:
11 § 7-201. Voting [and ballot counting] machines and systems; examina-
12 tion of. 1. Any person or corporation owning or being interested in any
13 voting [or ballot counting] machine or system may apply to have the
14 state board of elections examine such machine or system. Such applicant
15 shall pay to the board before the examination a fee equal to the cost of
16 such examination[, or forty thousand dollars, whichever is less]. The
17 state board of elections shall cause the machine or system to be exam-
18 ined and a report of the examination to be made and filed in the office
19 of the state board. Such examination shall include a determination as to
20 whether the machine or system meets the requirements of section 7-202 of
21 this title and a thorough review and testing of any electronic or
22 computerized features of the machine or system. Such report shall state
23 an opinion as to whether the kind of machine or system so examined can
24 safely and properly be used by voters and local boards of elections at
25 elections, under the conditions prescribed in this article and the
26 requirements of the federal Help America Vote Act. If the report states
27 that the machine or system can be so used, and the board after its own
28 examination so determines, in accordance with subdivision four of
29 section 3-100 of this chapter, the machine or system shall be deemed
30 approved, and machines or systems of its kind may be adopted for use at
31 elections as herein provided. The voting [or ballot counting] machine
32 or system shall be examined by examiners or testing laboratories to be
33 selected for such purpose by the state board. Each examiner or laborato-
34 ry shall receive compensation and expenses for making an examination and
35 report as to each voting [or ballot counting] machine or system examined
36 by him or it. Neither any member of the state board of elections nor any
37 examiner or owner or employee of any testing laboratory, shall have any
38 pecuniary interest in any voting [or ballot counting] machine or system.
39 Any form of voting [or ballot counting] machine or system not so
40 approved, cannot be used at any election.
41 1-a. A citizen's election modernization advisory committee is hereby
42 established within the state board of elections. Such committee shall
43 consist of the co-executive directors of the state board of elections,
44 two local board of election commissioners appointed by the state board
45 of election commissioners of one major party, two local board of
46 election commissioners appointed by the state board of elections commis-
47 sioners of the other major party, four members of disability rights
48 organizations, who shall be appointed by the state board of elections in
49 accordance with subdivision four of section 3-100 of this chapter, at
50 least one of whom shall be a representative from the Commission on Qual-
51 ity of Care and Advocacy for Persons with Disabilities and the New York
52 State Independent Living Council, Inc., one member appointed by the
53 temporary president of the senate and one member appointed by the speak-
54 er of the assembly. Such appointments shall be made within thirty days
55 of the effective date of this subdivision and the state board of
56 elections shall immediately convene the committee. The committee shall
S. 5877 4 A. 8969
1 have access to each machine or system submitted for examination and
2 assist the state board of elections in the examination of the voting
3 machines or systems pursuant to this section by recommending which
4 machines or systems meet the requirements of section 7-202 of this title
5 and the federal Help America Vote Act. The state board of elections
6 shall take such recommendation into consideration when determining
7 whether a machine or system meets the requirements of section 7-202 of
8 this title and the federal Help America Vote Act.
9 2. When any change is made in the operation or material of any feature
10 or component of any machine or system which has been approved pursuant
11 to the provisions of this section, such machine or system must be
12 submitted for such re-examination and reapproval pursuant to the
13 provisions of subdivision one of this section as the state board of
14 elections deems necessary.
15 3. If at any time after any machine or system has been approved pursu-
16 ant to the provisions of subdivision one or two of this section, the
17 state board of elections has any reason to believe that such machine or
18 system does not meet all the requirements for voting machines or systems
19 set forth in this article, it shall forthwith cause such machine or
20 system to be examined again in the manner prescribed by subdivision one
21 of this section. If the opinions in the report of such examinations do
22 not state that such machine or system can safely and properly be used by
23 voters at elections under the conditions prescribed by this article, the
24 state board of elections shall forthwith rescind its approval of such
25 machine or system. After the date on which the approval of any machine
26 or system is rescinded, no machines or systems of such type may be
27 purchased for use in this state. The state board of elections shall
28 examine all machines or systems of such type which were previously
29 purchased, to determine if they may continue to be used in elections in
30 this state.
31 4. [a.] The state board of elections may authorize, for use on an
32 experimental basis, one or more types of voting machine, system or
33 equipment not previously approved by such board pursuant to the
34 provisions of this section and may authorize a [county] local board of
35 elections [or a city, town or village] to rent or borrow a limited
36 number of one such type of machine, system or equipment for use in a
37 primary, special, general or village election. Authorization for such
38 use of such a machine, system or equipment may be given for all or part
39 of any city, town or village for any such election.
40 5. The board shall deposit all fees collected pursuant to the
41 provisions of subdivision one of this section to the credit of the
42 voting [and ballot counting] machine and system examination fund estab-
43 lished pursuant to section ninety-two-p of the state finance law.
44 § 6. Section 7-202 of the election law is REPEALED and a new section
45 7-202 is added to read as follows:
46 § 7-202. Voting machine or system; requirements of. 1. A voting
47 machine or system to be approved by the state board of elections shall:
48 a. be constructed so as to allow for voting for all candidates who may
49 be nominated and on all ballot proposals which may be submitted and,
50 except for elections at which the number of parties and independent
51 bodies on the ballot exceeds the number of rows or columns available, so
52 that the amount of space between the names of any two candidates of any
53 party or independent body in any row or column of such machine or system
54 at any election is no greater than the amount of space between the names
55 of any other candidates of such party or independent body at such
56 election;
S. 5877 5 A. 8969
1 b. permit a voter to vote for any person for any office, whether or
2 not nominated as a candidate by any party or independent body without
3 the ballot, or any part thereof, being removed from the machine at any
4 time;
5 c. be constructed so that a voter cannot vote for a candidate or on a
6 ballot proposal for whom or on which he or she is not lawfully entitled
7 to vote;
8 d. if the voter selects votes for more than one candidate for a single
9 office, except where a voter is lawfully entitled to vote for more than
10 one person for that office, notify the voter that the voter has selected
11 more than one candidate for a single office on the ballot, notify the
12 voter before the ballot is cast and counted of the effect of casting
13 multiple votes for the office, and provide the voter with the opportu-
14 nity to correct the ballot before the ballot is cast and counted;
15 e. provide the voter an opportunity to privately and independently
16 verify votes selected and the ability to privately and independently
17 change such votes or correct any error before the ballot is cast and
18 counted;
19 f. be provided with a "protective counter" which records the number of
20 times the machine or system has been operated since it was built and a
21 "public counter" which records the number of persons who have voted on
22 the machine at each separate election;
23 g. be provided with a lock or locks, or other device or devices, the
24 use of which, immediately after the polls are closed or the operation of
25 the machine or system for such election is completed, will absolutely
26 secure the voting or registering mechanism and prevent the recording of
27 additional votes;
28 h. be provided with sufficient space to display the information
29 required herein, provided, however, in the alternative, such information
30 may be displayed within the official ballot;
31 i. be provided with a device for printing or photographing all count-
32 ers or numbers recorded by the machine or system before the polls open
33 and after the polls close which shall be a permanent record with a manu-
34 al audit capacity available for canvassing the votes recorded by the
35 machine or system; such paper record shall be preserved in accordance
36 with the provisions of section 3-222 of this chapter;
37 j. retain all paper ballots cast or produce and retain a voter veri-
38 fied permanent paper record which shall be presented to the voter from
39 behind a window or other device before the ballot is cast, in a manner
40 intended and designed to protect the privacy of the voter; such ballots
41 or record shall allow a manual audit and shall be preserved in accord-
42 ance with the provisions of section 3-222 of this chapter;
43 k. provide sufficient illumination to enable the voter to see the
44 ballot;
45 l. be suitable for the use of election officers in examining the coun-
46 ters such that the protective counters and public counters on all such
47 machines or systems must be located so that they will be visible to the
48 inspectors and watchers at all times while the polls are open;
49 m. be provided with a screen and hood or curtain or privacy features
50 with equivalent function which shall be so made and adjusted as to
51 conceal the voter and his or her action while voting;
52 n. contain a device which enables all the election inspectors and poll
53 watchers at such election district to determine when the voting machine
54 or system has been activated for voting and when the voter has completed
55 casting his or her vote;
S. 5877 6 A. 8969
1 o. permit the primaries of at least five parties to be held on such
2 machine or system at a single election, and accommodate such number of
3 multiple ballots at a single election as may be required by the state
4 board of elections but in no case less than five;
5 p. be constructed to allow a voter in a wheelchair to cast his or her
6 vote;
7 q. permit inspectors of elections to easily and safely place the
8 voting machine or system in a wheelchair accessible position;
9 r. ensure the integrity and security of the voting machine or system
10 by:
11 (i) being capable of conducting both pre-election and post-election
12 testing of the logic and accuracy of the machine or system that demon-
13 strates an accurate tally when a known quantity of votes is entered into
14 each machine; and
15 (ii) providing a means by which a malfunctioning voting machine or
16 system shall secure any votes already cast on such machine or system;
17 s. permit alternative language accessibility pursuant to the require-
18 ments of section 203 of the Voting Rights Act of 1965 (42 U.S.C.
19 1973aa-1a) such that it must have the capacity to display the full
20 ballot in the alternative languages required by the federal Voting
21 Rights Act if such voting machine or system is to be used where such
22 alternative languages are required or where the local board deems such
23 feature necessary; and
24 t. not include any device or functionality potentially capable of
25 externally transmitting or receiving data via the internet or via radio
26 waves or via other wireless means.
27 2. The state board of elections shall approve, for use at each polling
28 place at least one voting machine or system at such polling place which,
29 in addition to meeting the requirements in subdivision one of this
30 section, shall:
31 a. be equipped with a voting device with tactile discernible controls
32 designed to meet the needs of voters with limited reach and limited hand
33 dexterity;
34 b. be equipped with an audio voting feature that communicates the
35 complete content of the ballot in a voice which permits a voter who is
36 blind or visually impaired to cast a secret ballot using voice-only or
37 tactile discernible controls; and
38 c. be capable of being equipped with a pneumatic switch voting attach-
39 ment which can be operated orally by gentle pressure or the creation of
40 a vacuum through the inhalation or exhalation of air by the voter
41 including, but not limited to, a sip-and-puff switch voting attachment.
42 3. The state board of elections may, in accordance with subdivision
43 four of section 3-100 of this chapter, establish by regulation addi-
44 tional standards for voting machines or systems not inconsistent with
45 this chapter.
46 4. Local boards of elections which obtain voting machines pursuant to
47 this chapter may determine to purchase direct recording electronic
48 machines or optical scan machines in conformance with the requirements
49 of this chapter.
50 § 7. Section 7-204 of the election law, as added by chapter 262 of the
51 laws of 1986, is amended to read as follows:
52 § 7-204. Contracts for purchase of voting machines or systems. 1. All
53 contracts for purchase of voting machines or systems of types approved
54 by the state board of elections [after September first, nineteen hundred
55 eighty-six] shall include, but not be limited to, requirements that the
56 vendors provide assistance in training board of elections personnel in
S. 5877 7 A. 8969
1 the operation of such machines or systems and any ancillary equipment,
2 assistance in the conduct of all elections conducted during the first
3 year in which each such machine or system is used and at least five
4 years of service for all such machines or systems and ancillary equip-
5 ment.
6 2. All such contracts shall also require the vendor to guarantee in
7 writing to keep such machines and systems in good working order for at
8 least five years without additional cost and to perform satisfactorily
9 its training and service obligations under the contract and to give a
10 sufficient bond conditioned to that effect.
11 3. The state board of elections, in consultation with the office of
12 general services, shall issue regulations specifying the manner in which
13 contracts must be drawn in order to comply with the provisions of this
14 section.
15 4. Purchase contracts for purchase of voting machines or systems of
16 types approved by the state board of elections [after September first,
17 nineteen hundred eighty-six] may not become effective until a date at
18 least ten days after copies of such contracts are received by the state
19 board of elections unless, within such ten day period, such board of
20 elections notifies [the political subdivision] the local board of
21 elections which submitted such contract that such contract does not meet
22 requirements of this chapter or the regulations of the state board of
23 elections.
24 § 8. The election law is amended by adding a new section 7-208 to read
25 as follows:
26 § 7-208. Escrow requirements. Prior to the use of any voting machine
27 or system in any election in the state, on or after September first, two
28 thousand six, the state board of elections and the local board of
29 elections using such voting machine or system shall:
30 1. Require that the manufacturer and/or vendor of such voting machine,
31 system or equipment shall place into escrow with the state board of
32 elections a complete copy of all programming, source coding and software
33 employed by the voting machine, system or equipment which shall be used
34 exclusively for purposes authorized by this chapter and shall be other-
35 wise confidential.
36 2. Require that the manufacturer and/or vendor of such voting machine,
37 system or equipment file with the state board of elections and the
38 appropriate local boards of elections a waiver, prepared by the state
39 board of elections, which shall waive all rights of the vendor or
40 manufacturer to assert intellectual property or trade secret rights in
41 any court of competent jurisdiction hearing a challenge to the results
42 of any election and requesting that programming source coding, firmware,
43 and software as well as voting machines or systems be tested by inde-
44 pendent experts under court supervision and at the conclusion of such
45 proceeding shall be sealed.
46 3. Require that the manufacturer and/or vendor of such equipment file
47 with the state board of elections and the appropriate local boards of
48 elections a consent to having and cooperating in the testing of any
49 programming, source coding, firmware, or software, pursuant to an order
50 of any board of elections or court of competent jurisdiction. Any such
51 board or agent thereof shall be required to maintain the confidentiality
52 of any proprietary material.
53 § 9. The election law is amended by adding a new section 7-209 to read
54 as follows:
55 § 7-209. Elimination of punch card ballots. Notwithstanding any other
56 provision of law, on or after September first, two thousand six, no
S. 5877 8 A. 8969
1 punch card ballot or punch card voting system shall be used in any
2 manner in the conduct of any election.
3 § 10. Formula for allocating Help America Vote Act money to local
4 boards of elections. 1. The federal funds provided to New York state
5 for purchasing voting machines, poll worker training and voter education
6 shall be allocated to local boards of elections in proportion to the
7 percentage of the state's registered voters residing in each local
8 board's jurisdiction on December 31, 2004.
9 2. The state board of elections, shall in accordance with subdivision
10 4 of section 3-100 of the election law, provide the comptroller and
11 local boards of elections with a list of the percentage of registered
12 voters in each jurisdiction as compared to the total number of voters in
13 New York state and, based on such percentage, the amount of Help America
14 Vote Act money that will be available to each local board of elections
15 for voting machines, poll worker training and voter education.
16 § 11. Help America Vote Act voting machine and system implementation.
17 Effective the first federal election in 2006, each polling place shall
18 be equipped with at least one voting machine or voting system which is
19 equipped for individuals with disabilities and provides individuals with
20 disabilities with the same opportunity for access and participation as
21 other voters and which meets the requirements of section 7-202 of the
22 election law and the federal Help America Vote Act.
23 Effective September 1, 2007, all lever machines in New York state
24 shall be replaced by voting machines or voting systems which meet the
25 requirements of section 7-202 of the election law, provided, however,
26 that with respect to any board of elections which determines to retain
27 lever machines on or after the effective date of this act and prior to
28 September 1, 2007, the provisions of this act which impose new standards
29 for voting machines which were not required prior to the effective date
30 of this act, including the amendments to section 7-202 of the election
31 law made by section six of this act, shall not be applicable with
32 respect to such lever machines during any period of time during which
33 such lever machines are lawfully utilized.
34 Each board of elections shall attempt to the greatest degree practica-
35 ble to select and utilize voting machines or systems which, from the
36 perspective of a voter or poll worker, are functionally equivalent,
37 provided, however, that nothing shall preclude a board of elections from
38 selecting more than one type of voting system where such multiple
39 systems are determined by such board to be necessary in order to meet
40 the requirements of this act for such voting machine systems to be
41 accessible to disabled voters or where such multiple voting machine
42 systems are determined by such board to be necessary for other reasons.
43 § 12. Help America Vote Act voting machine and system implementation
44 procurement process. 1. To meet the requirements of the federal Help
45 America Vote Act and the election law, local boards of election shall
46 select voting machines or systems from the list of those certified by
47 the state board of elections and determine the number of voting machines
48 or systems needed. Such information shall be provided to the state board
49 of elections on a voting machine or system selection form created by the
50 state board of elections which indicates the specific voting machines or
51 systems it has selected and any special features or functions that a
52 voting machine or system must include to meet legal obligations under
53 state or federal law.
54 2. The state board of elections shall review the voting machine or
55 system selection form submitted by local boards of elections. If the
56 board determines, in accordance with subdivision 4 of section 3-100 of
S. 5877 9 A. 8969
1 the election law, that the provisions of such voting machine or system
2 selection form do not meet the requirements of section 7-202 of the
3 election law, the state board shall issue a written determination to the
4 local board and the local board shall modify such voting machine or
5 system selection form and resubmit it to the state board of elections
6 for further review.
7 3. The state board of elections, in consultation with the office of
8 general services and in compliance with section 163 of the state finance
9 law and section 7-204 of the election law, shall, where applicable,
10 combine the orders for voting machines or systems made by the local
11 boards of election and, acting as a purchasing agent for the local
12 boards of election, negotiate a contract for the purchase of such voting
13 machines or systems.
14 4. The state board of elections, in accordance with subdivision 4 of
15 section 3-100 of the election law, shall enter into procurement
16 contracts with the vendor of each certified voting machine or system
17 selected by local boards of election pursuant to section 163 of the
18 state finance law and section 7-204 of the election law.
19 5. The local boards of elections shall select certified voting
20 machines or systems pursuant to one or more of the procurement contracts
21 entered into pursuant to this section. The state board of elections
22 shall notify the comptroller to release the appropriate funds to the
23 vendor of such machines or systems upon audit and certification unless
24 the voting machine or system selection form has been rejected by the
25 state board of elections pursuant to subdivision 2 of this section. The
26 comptroller shall only release funds in the amount authorized for each
27 local board of election in section ten of this act.
28 6. Nothing in this section shall be construed to require the state
29 board of elections to provide a board of elections with funding for all
30 voting machines or systems it shall require.
31 § 13. Subdivision 3 of section 8-300 of the election law is amended to
32 read as follows:
33 3. No voter shall remain within a voting machine longer than [three
34 minutes or a voting booth longer than five minutes] a reasonable amount
35 of time and if he or she shall refuse to leave after the lapse of such
36 time, he or she shall be removed by the inspectors.
37 § 14. The election law is amended by adding a new section 9-211 to
38 read as follows:
39 § 9-211. Audit of voter verifiable audit records. 1. Within fifteen
40 days after each general or special election, and within seven days after
41 every primary or village election conducted by the board of elections,
42 the board of elections or a bipartisan committee appointed by such board
43 shall manually audit the voter verifiable audit records from three
44 percent of voting machines or systems within the jurisdiction of such
45 board. Voting machines or systems shall be selected for audit through a
46 random, manual process. At least five days prior to the time fixed for
47 such selection process, the board of elections shall send notice by
48 first class mail to each candidate, political party and independent body
49 entitled to have had watchers present at the polls in any election
50 district in such board's jurisdiction. Such notice shall state the time
51 and place fixed for such random selection process. The audit shall be
52 conducted in the same manner, to the extent applicable, as a canvass of
53 paper ballots. Each candidate, political party or independent body enti-
54 tled to appoint watchers to attend at a polling place shall be entitled
55 to appoint such number of watchers to observe the audit.
S. 5877 10 A. 8969
1 2. The manual audit tallies for each voting machine or system shall be
2 compared to the tallies recorded by such voting machine or system, and a
3 report shall be made of such comparison which shall be filed in the
4 office of the state board of elections.
5 3. The state board of elections shall, in accordance with subdivision
6 four of section 3-100 of this chapter, promulgate regulations establish-
7 ing a uniform statewide standard to be used by boards of elections to
8 determine when a discrepancy between the manual audit tallies and the
9 voting machine or system tallies shall require a further voter verifi-
10 able record audit of additional voting machines or systems or a complete
11 manual audit of all machines or systems within the jurisdiction of a
12 board of elections. Any board of elections shall be empowered to order
13 that any such audit shall be conducted whenever any such discrepancy
14 exists.
15 4. If a complete audit shall be conducted, the results of such audit
16 shall be used by the canvassing board in making the statement of canvass
17 and determinations of persons elected and propositions rejected or
18 approved. The results of a partial voter verifiable record audit shall
19 not be used in lieu of voting machine or system tallies.
20 5. Notwithstanding subdivision four of this section, if a voting
21 machine or system is found to have failed to record votes in a manner
22 indicating an operational failure, the board of canvassers shall use the
23 voter verifiable audit records to determine the votes cast on such
24 machine or system, provided such records were not also impaired by the
25 operational failure of the voting machine or system.
26 § 15. The election law is amended by adding a new section 16-113 to
27 read as follows:
28 § 16-113. Audit of voter verifiable records. The supreme court, by a
29 justice within the judicial district, or the county court, by a county
30 judge within his or her county, by any candidate or his or her agent,
31 may direct a manual audit of the voter verifiable audit records applica-
32 ble to any candidate running for office within such judicial district or
33 county where (1) the uniform statewide standard promulgated by regu-
34 lation by the state board of elections pursuant to subdivision three of
35 section 9-211 of this chapter with respect to discrepancies between
36 manual audit tallies and voting machines or systems tallies requires a
37 further voter verifiable record audit of additional voting machines or
38 systems or all voting machines or systems applicable to such election,
39 or (2) where evidence presented to the court otherwise indicates that
40 there is a likelihood of a material discrepancy between such manual
41 audit tally and such voting machine or system tally which creates a
42 substantial possibility that the winner of the election as reflected in
43 the voting machine or system tally could change if a voter verifiable
44 record audit of additional voting machines or systems or of all voting
45 machines or systems applicable to such election were conducted.
46 § 16. The state board of elections shall establish guidelines for a
47 public campaign for use by local boards of election to educate the
48 voters of New York on the pending transition to new voting machines or
49 systems and other changes in the electoral process as required by the
50 federal Help America Vote Act and the laws of 2005.
51 Each local board of elections, in consultation with the state board of
52 elections, shall conduct a public campaign pursuant to the guidelines
53 established by the state board of elections to educate the voters of New
54 York on the pending transition to new voting machines and other changes
55 in the electoral process as required by the federal Help America Vote
56 Act and the laws of 2005. Such campaign shall include information about
S. 5877 11 A. 8969
1 the voting machine or system in use in that jurisdiction and shall begin
2 at least 60 days before the primary election.
3 § 17. Section 3-412 of the election law is amended by adding a new
4 subdivision 1-a to read as follows:
5 1-a. The state board of elections shall establish a mandatory core
6 curriculum for poll worker training which includes the requirements in
7 subdivision two of this section, as amended by a chapter of the laws of
8 2005, and the rights of voters at the polls and obligation of election
9 workers to protect those rights while maintaining the integrity of the
10 franchise, including assisting voters with disabilities or with limited
11 or no proficiency in the English language, handling, processing and
12 entitlement to ballots, including affidavit and emergency ballots, prop-
13 er identification requirements, procedures to be followed with respect
14 to voters whose names are not on the list of registered voters or whose
15 identities have not been verified, electioneering and other violations
16 of the elective franchise as defined in this chapter, solicitation by
17 individuals and groups at the polling place and procedures to be
18 followed after the polls close. Each board of elections shall augment
19 the core curriculum with local procedures not inconsistent with the core
20 curriculum adopted by the state board of elections and which includes
21 procedures relating to proper operation of, and remedying problems with,
22 the voting machine or system in use in that jurisdiction.
23 § 18. Section 92-p of the state finance law, as added by chapter 400
24 of the laws of 1987, is amended to read as follows:
25 § 92-p. Voting [and ballot counting] machine and system examination
26 fund. 1. There is hereby established in the joint custody of the state
27 comptroller and the commissioner of taxation and finance, a special fund
28 to be known as the "voting [and ballot counting] machine and system
29 examination fund".
30 2. Such fund shall consist of moneys collected by the state board of
31 elections pursuant to the provisions of subdivision one of section 7-201
32 of the election law.
33 3. Moneys of the fund shall be available to the state board of
34 elections for purposes of carrying out the provisions of section 7-201
35 of the election law.
36 4. The moneys shall be paid out of the fund on the audit and warrant
37 of the comptroller on vouchers certified or approved by the chairperson
38 of the board or his or her duly designated officer.
39 § 19. The local boards of election shall, within thirty days of the
40 effective date of this act, mail a letter to all absentee voters
41 requesting information regarding any special needs of the voter at the
42 polls to allow such board to consider such special needs when selecting
43 voting machines or systems pursuant to this act.
44 § 20. The sum of one hundred ninety million dollars ($190,000,000) is
45 hereby appropriated from federal moneys received for the purpose of
46 implementing the Help America Vote Act of 2002, for services and
47 expenses related to the purchase of new voting machines and voting
48 systems for use by local boards of elections pursuant to the Help Ameri-
49 ca Vote Act of 2002. Notwithstanding any other provision of law, such
50 funds may only be expended in accordance with the provisions of this act
51 related to the allocation of such funds and the procurement and purchase
52 of voting systems and voting machines, including section ten of this act
53 entitled "Formula for allocating Help America Vote Act money to local
54 boards of election" and section twelve of this act entitled "Help Ameri-
55 ca Vote Act voting machine and system implementation procurement proc-
56 ess". Such moneys shall be payable on the audit and warrant of the state
S. 5877 12 A. 8969
1 comptroller on vouchers certified or approved in the manner provided by
2 law.
3 § 21. This act shall take effect immediately; provided, however, that
4 subdivision 1-a of section 7-201 of the election, as added by section
5 five of this act, shall expire and be deemed repealed January 31, 2006
6 and section sixteen of this act shall expire and be deemed repealed
7 December 31, 2008.
