Relates to the use of lever voting systems at a referendum.
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
TITLE OF BILL: An act to amend the county law, in relation to the use of lever voting machines at a nonbinding bonding referendum
PURPOSE: To authorize counties the ability to use lever voting machines at nonbinding bonding referendum.
SUMMARY OF PROVISIONS: Section one amends Subdivision 2 of Section 102 of the County Law to provide that during a nonbinding bond referendum vote counties may permit the use of lever voting machines. This bill will not require the board of elections to maintain the care, custody or control of lever voting machines.
Section two sets the effective date and the repeal date of September 1, 2011.
JUSTIFICATION: Subdivision 2 of Section 102 of the County Law now requires counties to use paper ballots or ballot scanners when conducting a nonbinding bond referendum vote. Counties around the state have expressed an overwhelming preference to continue using lever voting machines when conducting a nonbinding bond referendum vote given the costs the counties incur to use paper ballots or ballot scanners which can exceed $1 million. This bill would give counties, the option to use lever machines to measure the public's sentiment in the most inexpensive, efficient manner possible. This authority is similar to that which was granted to school boards, and village elections as a result of new legislation (Chapter 3 of the Laws of 2011) .
The sheer expense of the use of paper ballots or ballot scanners creates a disincentive for counties to hold nonbinding bond referendum votes. Especially considering these stark economic times when counties are forced to cut services and layoff public employees to balance their budgets. The accuracy and low-cost of lever voting machines provides counties an opportunity to convey county's opinion via nonbinding bond referendum that will not cause substantial economic harm.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None to the State. Significant savings to counties opting for the use of lever voting machines.
EFFECTIVE DATE: This act shall take effect immediately and be deemed repealed September 1, 2011.
STATE OF NEW YORK ________________________________________________________________________ 5546 2011-2012 Regular Sessions IN SENATE June 1, 2011 ___________Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the county law, in relation to the use of lever voting machines at a nonbinding bonding referendum THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 102 of the county law, as amended by chapter 431 of the laws of 1963, is amended to read as follows: 2. The board of elections shall cause any such proposition to be submitted to the qualified electors of the county in the manner provided in the election law. The method and manner of submission, preparation and provision of ballots and ballot labels, use of voting machines, qualification of voters, correcting registers, and conducting the election, canvassing the result and making and filing the returns, and all other procedure with reference to the submission of any such propo- sition, shall be the same as in the case of any other proposition to be submitted to the electors of a county at a general or special election as provided by law. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, AT A NONBINDING BONDING REFERENDUM, THE USE OF VOTING MACHINES SHALL INCLUDE THE USE OF LEVER VOTING MACHINES. WHEN USING VOTING MACHINES AS DESCRIBED IN TITLE TWO OF ARTICLE SEVEN OF THE ELECTION LAW, SUCH VOTING MACHINES SHALL BE USED IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN ARTICLE NINE OF THE ELECTION LAW. PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE THE BOARD OF ELECTIONS TO MAINTAIN THE CARE, CUSTODY OR CONTROL OF LEVER VOTING MACHINES. If a majority of the votes cast on any such proposition shall be in the affirmative, the resolution shall be approved. S 2. This act shall take effect immediately and shall apply only to a nonbinding bonding referendum occurring before September 1, 2011.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11872-01-1