This bill has been amended

Bill S6296-2011

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

Extends certain provisions of law relating to the use of certain voting machines.

Details

Actions

  • Jun 12, 2012: returned to senate
  • Jun 12, 2012: RECALLED FROM ASSEMBLY
  • Feb 29, 2012: referred to education
  • Feb 29, 2012: DELIVERED TO ASSEMBLY
  • Feb 29, 2012: PASSED SENATE
  • Feb 14, 2012: ADVANCED TO THIRD READING
  • Feb 13, 2012: 2ND REPORT CAL.
  • Feb 7, 2012: 1ST REPORT CAL.192
  • Jan 23, 2012: REFERRED TO EDUCATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - Feb 7, 2012
Ayes (18): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley

Memo

BILL NUMBER:S6296

TITLE OF BILL: An act to amend chapter 359 of the laws of 2010 amending the education law relating to use of lever voting machines; 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; and to amend chapter 170 of the laws of 2011 amending the town law relating to the types of voting machines used in certain elections, 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 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 359 of the laws of 2010, allowing school districts the ability for continued use of lever voting machines in their local elections.

Section 2 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.

Section 3 repeals the sunset date of Chapter 170 of the laws of 2011, allowing fire districts and special improvement districts the ability for continued use of lever voting machines in their local elections.

Section 4 repeals inconsistent language of Chapter 170 of the laws of 2011.

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 U$e 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.

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 ________________________________________________________________________ 6296 IN SENATE January 23, 2012 ___________
Introduced by Sens. MARTINS, JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend chapter 359 of the laws of 2010 amending the education law relating to use of lever voting machines; 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; and to amend chapter 170 of the laws of 2011 amending the town law relating to the types of voting machines used in certain elections, 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 relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 8 of chapter 359 of the laws of 2010 amending the education law relating to use of lever voting machines is amended to read as follows: S 8. This act shall take effect immediately [and shall expire and be deemed repealed December 31, 2012]. S 2. 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 is amended to read as follows: S 2. This act shall take effect immediately [and shall expire and be deemed repealed December 31, 2012]. S 3. 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 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, 2012, when upon such date the provisions of sections three and six of this act shall take effect]. S 4. 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 5. This act shall take effect immediately.

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