Relates to the requirement to lock voting machines; requires sealing of removable memory cards or other similar electronic media.
TITLE OF BILL: An act to amend the election law, in relation to the requirement to lock voting machines
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to further conform and clarify the election law in response to the adoption and technical characteristics of the new HAVA compliant voting machines
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill updates and clarifies the election law regarding the security of removable memory cards or other similar electronic media used by the new HAVA compliant voting systems must be securely kept until such time as the information on the media has been preserved in a manner statutorily prescribed manner.
Section 2 of the bill is the effective date.
JUSTIFICATION: The logistical transition to the new HAVA compliant voting system in New York State and hence to a paper-based system with a large electronic storage component mandates that selected provisions of the election law be amended to reflect these changes in the voting system. Section 3-222(1) is one such provision. As presently constituted, this section currently speaks to locking voting machines used in elections and sets out the conditions under which such machines May be unlocked and the results examined. In recognition that the results of elections administered with the new HAVA compliant machines are stored on portable memory devices, rather than.on the machines themselves, this bill applies similar security and disclosure procedures in place for lever machines and applies them to the new HAVA compliant machines.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATION: None.
EFFECTIVE DATE: This bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5385 2011-2012 Regular Sessions IN SENATE May 16, 2011 ___________Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to the requirement to lock voting machines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 3-222 of the election law is amended to read as follows: 1. Except as hereinafter provided,
[voting machines]REMOVABLE MEMORY CARDS OR OTHER SIMILAR ELECTRONIC MEDIA shall remain [locked]SEALED against [voting for a period of thirty days or]REUSE until [fifteen days before the next election, if such machines are needed for use at such next election]SUCH TIME AS THE INFORMATION STORED ON SUCH MEDIA HAS BEEN PRESERVED IN A MANNER CONSISTENT WITH PROCEDURES DEVELOPED AND DISTRIBUTED BY THE STATE BOARD OF ELECTIONS. Provided, however, that [a machine may be unlocked if a discrepancy discovered in the recanvass of voting machines required by this chapter makes it necessary to exam- ine the machine to determine if it has malfunctioned and provided further that a machine may be opened]THE INFORMATION STORED ON SUCH ELECTRONIC MEDIA and all the data and figures therein MAY BE examined upon the order of any court or judge of competent jurisdiction or may be [opened by]EXAMINED AT THE direction of a committee of the senate or assembly to investigate and report upon contested elections of members of the legislature voted for by the use of [such machine]VOTING MACHINES UTILIZING SUCH ELECTRONIC MEDIA and such data and such figures examined by such committee in the presence of the officer having the custody of [such machine]VOTING MACHINES AND ELECTRONIC MEDIA. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11346-03-1