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A05934 Summary:

BILL NOA05934B
 
SAME ASSAME AS S06169-B
 
SPONSORCunningham
 
COSPNSRAnderson, Paulin, Shimsky, Burgos, Septimo, Cruz, De Los Santos, Sayegh, Carroll, Epstein, Woerner, Steck, Shrestha, Thiele, Ardila, Simone, Levenberg, Dinowitz, Jackson, Simon, McDonald, Tapia
 
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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A05934 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5934B
 
SPONSOR: Cunningham
  TITLE OF BILL: An act to amend the election law, in relation to enacting the "voting integrity and verification act of New York (VIVA NY)"   PURPOSE OR GENERAL IDEA OF BILL: To give voters the option, at every polling place, to mark a paper ballot by hand or with a nontabulating ballot marking device. To change the phrase "polling place" to "election district" in two statutes requiring identical ballots in every polling place because ballots may not be able to be identical in every election district in a polling place due to differing contests or ballot proposals on the ballot. This bill would guarantee that all voters can verify the selections on their ballots.   SUMMARY OF PROVISIONS: Section 1 provides that this act shall be known and may be cited as the "Voting Integrity and Verification Act of New York" (VIVA NY). Section 2 adds new subdivisions 40 and 41 to section 1-104 of the election law, which define the terms "nontabulating ballot marking device" and "human readable paper ballot." Section 3 replaces the term "polling place" with "election district" in subdivision 26 of section 7-104 of the election law. The same subdivi- sion requires all voters to be given a choice to mark a paper ballot in their polling place either by hand or by using a nontabulating ballot marking device that prints a human readable ballot. It provides that voting machines or systems purchased prior to the effective date of the bill may continue to be used and maintained if they are designed and constructed to utilize individual, voter-verifiable paper ballots. Section 4 replaces the term "polling place" with "election district" in subdivision 3 of section 7-106 of the election law. Section 5 provides for an immediate effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Amends the definition of "nontabulating ballot marking device." Adds an additional subdivision 41 to define "human readable paper ballot." Clar- ifies the meaning of 'opportunity to mark one's ballot privately and independently.' Clarifies which machines may remain in use after the enactment of this law. Removes a reference to a specific year.   JUSTIFICATION: Election experts agree that voters who are able to mark a ballot by hand must retain that option. To provide our voters with confidence that their cast ballot will unquestionably and accountably reflect their preference and only their preference, New York has instituted many common sense reforms, like insisting on individual, voter-verifiable paper ballots that help ensure voters can cast their votes privately, independently, and securely, even if counted by computerized vote tabu- lation systems. We live in a time when many voters harbor suspicion about the accuracy of vote counting. Requiring the use of the most reliable ballots may ameliorate that problem.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STAT AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately upon passage, except that voting machines and systems purchased prior to the effective date of this legislation may continue to be used and maintained if they are designed and constructed to utilize individual, voter-verifiable paper ballots.
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A05934 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5934--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2023
                                       ___________
 
        Introduced  by  M.  of A. CUNNINGHAM, ANDERSON, PAULIN, SHIMSKY, BURGOS,
          SEPTIMO,  CRUZ,  DE LOS SANTOS,  SAYEGH,  CARROLL,  EPSTEIN,  WOERNER,
          STECK,  SHRESTHA, THIELE, ARDILA, SIMONE, LEVENBERG, DINOWITZ, JACKSON
          -- read once and referred to the Committee on Election Law --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee -- again reported from  said  committee  with
          amendments,  ordered  reprinted  as  amended  and  recommitted to said
          committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10156-04-3

        A. 5934--B                          2
 
     1  ballot  of the voter's vote and the opportunity to mark it privately and
     2  independently.  For the purposes of this title,  the  term  "individual,
     3  voter  verifiable paper ballot" means a human readable paper ballot that
     4  is either (a) marked by the voter by hand; or (b) marked through the use
     5  of a nontabulating ballot marking device. Voters shall have both options
     6  in paragraphs (a) and (b) of this subdivision available in every polling
     7  place.
     8    § 4. Subdivision 3 of section 7-106 of the election law, as amended by
     9  chapter 411 of the laws of 2019, is amended to read as follows:
    10    3.  All  paper  ballots  of the same kind for the same [polling place]
    11  election district shall be identical.
    12    § 5. This act shall take effect immediately.
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