Bill S3705-2013

Makes permanent certain provisions of law relating to the use of certain voting machines; repealer

Makes permanent certain provisions of law relating to the use of certain voting machines.

Details

Actions

  • May 14, 2014: referred to election law
  • May 14, 2014: DELIVERED TO ASSEMBLY
  • May 14, 2014: PASSED SENATE
  • Feb 26, 2014: ADVANCED TO THIRD READING
  • Feb 11, 2014: 2ND REPORT CAL.
  • Feb 10, 2014: 1ST REPORT CAL.154
  • Jan 8, 2014: REFERRED TO ELECTIONS
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • May 6, 2013: referred to election law
  • May 6, 2013: DELIVERED TO ASSEMBLY
  • May 6, 2013: PASSED SENATE
  • Apr 24, 2013: ADVANCED TO THIRD READING
  • Apr 23, 2013: 2ND REPORT CAL.
  • Apr 22, 2013: 1ST REPORT CAL.370
  • Feb 11, 2013: REFERRED TO ELECTIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Elections - Apr 22, 2013
Ayes (6): O'Mara, Ball, Gallivan, Marchione, Nozzolio, Savino
Ayes W/R (3): Tkaczyk, Dilan, Krueger
VOTE: COMMITTEE VOTE: - Elections - Feb 10, 2014
Ayes (6): O'Mara, Ball, Gallivan, Marchione, Nozzolio, Savino
Ayes W/R (2): Dilan, Krueger
Nays (1): Tkaczyk

Memo

BILL NUMBER:S3705

TITLE OF BILL: An act to amend chapter 3 of the laws of 2011 amending the election law relating to the number and use of voting machines in village elections, chapter 170 of the laws of 2011 amending the town law relating to the types of voting machines used in certain elections and chapter 359 of the laws of 2010 amending the education law relating to use of lever voting machines, in relation to making the provisions of such chapters permanent; and to repeal sections 3 and 6 of chapter 170 of the laws of 2011 amending the town law relating to the types of voting machines used in certain elections relating thereto

PURPOSE:; To allow for the use of lever voting machines for school districts, villages and special districts in their respective local elections permanently.

SUMMARY OF PROVISIONS: Section 1 repeals the sunset date of Chapter 3 of the laws of 2011, allowing villages the ability for continued use of lever voting machines in their local elections permanently.

Section 2 repeals the sunset date of Chapter 7 of chapter 170 of the laws of 2011, allowing towns the ability for continued use of level voting machines in local elections permanently.

Section 3 repeals sections 3 and 6 of Chapter 170 of the laws of 2011, amending the town law relating to the types of voting machines used in certain elections,

Section 4 amends section 8 of chapter 359 of the laws of 2010 amending the education law, allowing school districts the ability for continued use of level machines in local elections permanently.

Section 5 sets the enacting date.

JUSTIFICATION: There has been an overwhelming preference expressed on behalf of school districts, villages and special districts to continue to use lever-style voting machines in local elections. The available alternatives to the Use of these machines is prohibitive in both cost and practicality. Paper ballots are difficult and time consuming to hand count and optical scan machines are not readily accessible and include the added expenses of programming and printing of ballots.

Chapter 359 of the laws of 2010 and Chapters 3 and 170 of the laws of 2011 offered a solution to authorize the use of lever-style voting machines as a cost-effective means to continue operating local elections at reasonable rates. This legislation does not impose any obligation on the boards of elections to maintain care, custody or control of lever voting machines or to provide entities with such voting machines for their elections. This bill will allow for the continuing authorization to use lever for local elections if such machines are available.

This legislation would provide significant relief to local school districts, villages and special districts from the Help America Vote Act (HAVA) mandate that was intended to apply only to Federal Elections that have higher voter turnout and less annual costs to administer elections using optical scan voting machines.

LEGISLATIVE HISTORY: The provisions of this bill were previously chaptered in Chapter 359 of the laws of 2010, Chapter 3 of the laws of 2011 and Chapter 170 of the laws of 2011. This bill (S.6296) was passed by the Senate in 2012.

FISCAL IMPLICATIONS: None to the State. Significant cost savings to local school districts, villages and special districts.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3705 2013-2014 Regular Sessions IN SENATE February 11, 2013 ___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend chapter 3 of the laws of 2011 amending the election law relating to the number and use of voting machines in village elections, chapter 170 of the laws of 2011 amending the town law relating to the types of voting machines used in certain elections and chapter 359 of the laws of 2010 amending the education law relating to use of lever voting machines, in relation to making the provisions of such chapters permanent; and to repeal sections 3 and 6 of chapter 170 of the laws of 2011 amending the town law relating to the types of voting machines used in certain elections relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of chapter 3 of the laws of 2011 amending the election law relating to the number and use of voting machines in village elections, as amended by chapter 482 of the laws of 2012, is amended to read as follows: S 2. This act shall take effect immediately [and shall expire and be deemed repealed December 31, 2014]. S 2. Section 7 of chapter 170 of the laws of 2011 amending the town law relating to the types of voting machines used in certain elections, as amended by chapter 482 of the laws of 2012, is amended to read as follows: S 7. This act shall take effect immediately [provided, however, that sections one, two, four and five of this act shall expire and be deemed repealed December 31, 2014, when upon such date the provisions of sections three and six of this act shall take effect]. S 3. Sections 3 and 6 of chapter 170 of the laws of 2011 amending the town law relating to the types of voting machines used in certain elections are REPEALED.
S 4. Section 8 of chapter 359 of the laws of 2010 amending the educa- tion law relating to the use of lever voting machines, as amended by chapter 482 of the laws of 2012, is amended to read as follows: S 8. This act shall take effect immediately [and shall expire and be deemed repealed December 31, 2014]. S 5. This act shall take effect immediately.

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