A00829 Summary:

BILL NOA00829A
 
SAME ASSAME AS S06211
 
SPONSORPaulin
 
COSPNSRWoerner, Lupardo
 
MLTSPNSR
 
Amd §7-201, El L
 
Authorizes the state board of elections to reject the use of voting machines or systems on the grounds that such machines or systems are not proper, safe, or secure.
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A00829 Actions:

BILL NOA00829A
 
01/06/2021referred to election law
02/10/2021amend and recommit to election law
02/10/2021print number 829a
01/05/2022referred to election law
09/28/2022enacting clause stricken
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A00829 Committee Votes:

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A00829 Floor Votes:

There are no votes for this bill in this legislative session.
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A00829 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A829A
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the election law, in relation to the examination of voting machines by the state board of elections   PURPOSE OR GENERAL IDEA OF BILL: To give the State Board of Elections discretion not to certify and to decertify voting machines and systems, on the grounds that they are not safe, proper and/or secure.   SUMMARY OF SPECIFIC PROVISIONS: Subdivisions 1 and 3 of section 7-201 of the election law are amended to eliminate the mandatory certification by the State Board of Elections of voting machines and systems that meet statutory technical requirements.   JUSTIFICATION: Currently, if voting machines meet the criteria set forth in section 7-202 of election laws, the Board of Elections must certify them for use. Due to ongoing debates about election security, State Board of Elections should have discretion to reject the use of voting machines if they have safety and security concerns. This bill would provide New York State Board of Elections the authority to certify or decertify electronic voting machines, without penalty, if they find the machines are not safe or secure, even if they meet section 7-202 criteria. The statutory requirements we have in place cannot keep pace with tech- nological changes and cyber security threats. This bill will amend the election law to give the State Board of Elections the necessary flexi- bility and discretion to meet these changes and threats, and to protect our elections.   PRIOR LEGISLATIVE HISTORY: A.9979 of 2020, referred to election law.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A00829 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         829--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Election  Law  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the election law, in  relation  to  the  examination  of
          voting machines by the state board of elections
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1 and 3 of section 7-201 of the election  law,
     2  as  amended  by  chapter 181 of the laws of 2005, are amended to read as
     3  follows:
     4    1. Any person or corporation owning or being interested in any  voting
     5  machine or system may apply to have the state board of elections examine
     6  such machine or system. Such applicant shall pay to the board before the
     7  examination a fee equal to the cost of such examination. The state board
     8  of  elections  shall  cause  the  machine or system to be examined and a
     9  report of the examination to be made and filed  in  the  office  of  the
    10  state board. Such examination shall include a determination as to wheth-
    11  er the machine or system meets the requirements of section 7-202 of this
    12  title  and  a thorough review and testing of any electronic or computer-
    13  ized features of the machine or system. Such report shall state an opin-
    14  ion as to whether the kind of machine or system so examined  can  safely
    15  [and],  properly,  and  securely  be  used by voters and local boards of
    16  elections at elections, under the conditions prescribed in this  article
    17  and the requirements of the federal Help America Vote Act. If the report
    18  states  that  the  machine or system can be so used, and the board after
    19  its own examination so determines, in accordance with  subdivision  four
    20  of  section  3-100 of this chapter, the machine or system [shall] may be
    21  deemed approved, and machines or systems of its kind may be adopted  for
    22  use  at elections as herein provided.  Notwithstanding that a machine or
    23  system meets the requirements of section 7-202 of this title, the  state
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02120-02-1

        A. 829--A                           2
 
     1  board,  in  its discretion, may reject the use of such machine or system
     2  on the ground that it is not proper,  safe  and/or  secure.  The  voting
     3  machine or system shall be examined by examiners or testing laboratories
     4  to  be  selected  for such purpose by the state board.  Each examiner or
     5  laboratory shall receive compensation and expenses for making  an  exam-
     6  ination  and  report as to each voting machine or system examined by him
     7  or it. Neither any member of the state board of elections nor any  exam-
     8  iner  or  owner  or  employee  of any testing laboratory, shall have any
     9  pecuniary interest in any voting machine or system. Any form  of  voting
    10  machine or system not so approved, cannot be used at any election.
    11    3. If at any time after any machine or system has been approved pursu-
    12  ant  to  the  provisions  of subdivision one or two of this section, the
    13  state board of elections has any reason to believe that such machine  or
    14  system does not meet all the requirements for voting machines or systems
    15  set  forth  in  this  article,  it shall forthwith cause such machine or
    16  system to be examined again in the manner prescribed by subdivision  one
    17  of  this  section. If the opinions in the report of such examinations do
    18  not state that such machine or system can  safely  [and],  properly  and
    19  securely  be used by voters at elections under the conditions prescribed
    20  by this article, the state board of elections  shall  forthwith  rescind
    21  its  approval  of  such  machine  or system. After the date on which the
    22  approval of any machine or system is rescinded, no machines  or  systems
    23  of  such  type  may be purchased for use in this state.  Notwithstanding
    24  that a machine or system meets the requirements of section 7-202 of this
    25  title, the state board, in its discretion, may rescind its  approval  of
    26  such  machine or system on the ground that it is not proper, safe and/or
    27  secure. The state board of  elections  shall  examine  all  machines  or
    28  systems  of  such  type which were previously purchased, to determine if
    29  they may continue to be used in elections in this state.
    30    § 2. This act shall take effect immediately.
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