Bill S7371A-2013

Relates to the use of lever voting machines, the number and use of voting machines in village elections, and to the types of voting machines used in certain elections

Relates to the use of lever voting machines, the number and use of voting machines in village elections, and to the types of voting machines used in certain elections.

Details

Actions

  • Jun 18, 2014: SUBSTITUTED BY A9321A
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1564
  • Jun 18, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 16, 2014: PRINT NUMBER 7371A
  • Jun 16, 2014: AMEND (T) AND RECOMMIT TO ELECTIONS
  • May 14, 2014: REFERRED TO ELECTIONS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 18, 2014
Ayes (23): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Perkins, Gianaris
Ayes W/R (1): Parker
Excused (1): Espaillat

Memo

BILL NUMBER:S7371A

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 extending the provisions of such chapters

PURPOSE: To allow for the continued use of lever voting machines for school districts, villages and special districts in their respective local elections until December 31, 2015 and require a report by the State Board of Elections.

SUMMARY OF PROVISIONS:

Section 1 extends by two years the sunset date of Chapter 359 of the laws of 2010, allowing school districts to continue using lever voting machines in their elections until December 31, 2015.

Section 2 extends by two years the sunset date of Chapter 3 of the laws of 2011, allowing villages to continue using lever voting machines in their elections until December 31, 2015.

Section 3 extends by two years the sunset date of Chapter 170 of the laws of 2011, allowing fire districts and special improvement districts to continue to use lever voting machines in their local elections until December 31, 2015.

Section 4 requires the State Board of Election to submit a report.

Section 5 sets the effective date.

JUSTIFICATION: There is a preference amongst school districts, villages and special districts to continue to use lever-style voting machines in their elections for one additional year, until December 31, 2015. These various localities cite the cost of using the optical scan machines as well as their availability from county boards of elections as the motivation behind this two year extension.

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 for a limited time. This legislation extends that time by two years. 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.

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.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7371--A IN SENATE May 14, 2014 ___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 extending the provisions of such chapters 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, 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] 2015. 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, 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] 2015. 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, 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] 2015, when upon such date the provisions of sections three and six of this act shall take effect. S 4. On or before January 31, 2015, the state board of elections shall submit a report to the governor, speaker of the assembly, temporary
president of the senate and the chairs of the committees on election law of the senate and the assembly concerning the administration of elections by villages, school districts, fire districts, library districts and other municipal corporations required to hold elections. The report shall include recommendations and guidance for such villages, districts and municipal corporations to migrate to the use of voting systems which are compliant with section 7-202 of the election law and applicable state board of elections rules and regulations. The report shall also include an analysis of the cost and fiscal impact to such villages, districts and municipal corporations for transitioning to voting systems that comply with section 7-202 of the election law. Prior to preparing and issuing the report, the state board of elections shall solicit, and take into consideration, recommendations from stakeholders including, but not necessarily limited to, the New York state department of education, the New York school boards association, the New York conference of mayors and the New York state association of counties. S 5. This act shall take effect immediately.

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