S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   370

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Election Law

AN ACT to create a temporary state commission on the  electoral  process
  and  to  provide  for  the  making  of  grants  by  the state board of
  elections to local boards of election for the improvement of the elec-
  toral process and 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:

  Section 1. A temporary state commission on the  electoral  process  is
hereby created to examine, evaluate, and make recommendations pertaining
to  the  electoral  process,  with  particular  focus  on the procedures
involved in the conduct of the process of voting at polling places.  The
commission  shall direct its attention to the availability, feasibility,
and reliability of new technologies for the conduct of voting.
  S 2. The commission shall consist of 13 members, each to serve  for  a
term  of  2  years,  to  be  forthwith  appointed as follows: 2 shall be
appointed by the temporary president of the senate and 1 by the minority
leader of the senate; 2 shall be appointed by the speaker of the  assem-
bly  and  1 by the minority leader of the assembly; 7 shall be appointed
by the governor. The appointees shall be broadly representative  of  the
geographic areas of the state. No more than 4 appointees shall be legis-
lators. The governor shall designate the chair and vice chair from among
his or her appointees. Vacancies in the membership of the commission and
among  its  officers shall be filled in the manner provided for original
appointments.
  S 3. The commission may employ and at pleasure remove  such  personnel
as  it  may  deem necessary for the performance of its functions and fix
their compensation within the amounts made available therefor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05475-01-5
              

A. 370                              2

  S 4. The commission may meet within and without the state, shall  hold
public  hearings, and shall have all the powers of a legislative commit-
tee pursuant to the legislative law.
  S  5.  The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  S 6. To the maximum extent feasible, the commission shall be  entitled
to  request  and  receive  and  shall  utilize and be provided with such
facilities, resources, and data  of  any  court,  department,  division,
board,  bureau,  commission,  or  agency  of  the state or any political
subdivision thereof as it may reasonably request to carry  out  properly
its powers and duties hereunder.
  S  7.  The  commission shall make a preliminary report to the governor
and the legislature of its findings,  conclusions,  and  recommendations
not  later than July 1, 2016 and a final report of its findings, conclu-
sions, and recommendations not later than January  1,  2017,  and  shall
submit with its reports such legislative proposals as it deems necessary
to implement its recommendations.
  S  8.    Within  the amounts appropriated therefor, the state board of
elections shall make grants to local boards of elections for the follow-
ing purposes:
  a. To increase the  numbers  and  improve  the  training  of  election
inspectors and other poll workers;
  b.  To  improve procedures for the testing, maintenance, and repair of
voting machines;
  c. To enhance the implementation of the  National  Voter  Registration
Act of 1993;
  d.  To  improve  compliance  with  the Americans with Disabilities Act
insofar as such act applies to voting; and
  e. To improve the application and enforcement of  laws  pertaining  to
eligibility  of  students  to  register and vote in the jurisdictions in
which they attend an institution of higher education.
  In making such grants the state board of elections shall give priority
to jurisdictions according to the volume of complaints and  known  prob-
lems.
  S 9.  The sum of twenty-five million dollars ($25,000,000), or so much
thereof  as  may be necessary, is hereby appropriated to the state board
of elections from any moneys in the state treasury in the  general  fund
to  the  credit of the local assistance account, not otherwise appropri-
ated, for the purposes of carrying out the provisions of  section  eight
of  this  act. Such sum shall be payable on the audit and warrant of the
state comptroller on vouchers certified or approved by the  state  board
of  elections,  or  its  duly  designated  representative  in the manner
provided by law. No expenditure shall be made  from  this  appropriation
until  a  certificate of approval of availability shall have been issued
by the director of the budget and filed with the state comptroller and a
copy filed with the chair of the senate finance committee and the  chair
of  the  assembly  ways  and  means  committee.  Such certificate may be
amended from time to time by the director of the budget and  a  copy  of
each such amendment shall be filed with the state comptroller, the chair
of  the  senate finance committee and the chair of the assembly ways and
means committee.
  S 10. This act shall take effect immediately; provided  that  sections
one  through  seven  of this act shall remain in effect until January 1,
2017, when upon such date such sections shall expire and shall be deemed
repealed.