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A01115 Summary:

BILL NOA01115A
 
SAME ASSAME AS S00309-A
 
SPONSORPaulin
 
COSPNSRGalef, Abinanti, Dickens, Gottfried, Pichardo, Reyes, Rivera J, Sayegh, Montesano, Simon, DeStefano, Cook, Epstein, Kelles, McDonald, Woerner, Rosenthal L, Lupardo, Jackson, Rajkumar, Forrest, Carroll, Burdick, Dinowitz, Bichotte Hermelyn, Thiele, Englebright, Jacobson, Fahy, Durso, Gallagher, Mamdani, Norris, Tague, Burgos, De La Rosa, Anderson, Brabenec, Taylor, Barrett, McDonough, Zinerman, Colton, Clark, Simpson
 
MLTSPNSRMikulin
 
Amd §7-202, El L
 
Relates to construction of voting machines and systems.
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A01115 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1115--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN, GALEF, ABINANTI, DICKENS, GOTTFRIED,
          PICHARDO, REYES, J. RIVERA, SAYEGH, MONTESANO, SIMON, DeSTEFANO, COOK,
          EPSTEIN, KELLES, McDONALD, WOERNER,  L. ROSENTHAL,  LUPARDO,  JACKSON,
          RAJKUMAR,  FORREST,  CARROLL,  BURDICK,  DINOWITZ,  BICHOTTE HERMELYN,
          THIELE,  ENGLEBRIGHT,  JACOBSON,  FAHY,  DURSO,  GALLAGHER,   MAMDANI,
          NORRIS,   TAGUE,   BURGOS,  DE LA ROSA,  ANDERSON,  BRABENEC,  TAYLOR,
          BARRETT, McDONOUGH -- Multi-Sponsored by -- M. of A. MIKULIN  --  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  construction  of  and
          requirements for voting machines and systems
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs b, e, j, s and t of  subdivision  1  of  section
     2  7-202  of the election law, as added by chapter 181 of the laws of 2005,
     3  are amended and five new paragraphs u, v, w, x and y are added  to  read
     4  as follows:
     5    b.  permit  a  voter to vote for any person for any office, whether or
     6  not nominated as a candidate by any party or  independent  body  without
     7  the  ballot,  or any part thereof, being removed from the machine at any
     8  time after the ballot is cast;
     9    e. [provide the voter an opportunity to  privately  and  independently
    10  verify  votes  selected and the] require the use of an individual, dura-
    11  ble, voter-verifiable paper ballot of the voter's  vote  that  shall  be
    12  privately  and independently marked in the polling place and made avail-
    13  able for private and independent  inspection  and  verification  by  the
    14  voter  before  the voter's vote is cast and counted, and provide for the
    15  voter's ability to privately and  independently  change  such  votes  or
    16  correct any error before the ballot is cast and counted;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02135-13-1

        A. 1115--A                          2
 
     1    j.  [retain all paper ballots cast or produce and retain a voter veri-
     2  fied permanent paper record which shall be presented to the  voter  from
     3  behind  a window or other device before the ballot is cast,] produce and
     4  retain a paper ballot which can be verified and cast by the voter  in  a
     5  manner  intended  and  designed  to  protect  the  privacy of the voter,
     6  including storing the ballots cast in random order and not  sequentially
     7  or  chronologically  as  cast  by voters; such ballots [or record] shall
     8  allow a manual audit and shall  be  preserved  in  accordance  with  the
     9  provisions of section 3-222 of this chapter;
    10    s.  permit alternative language accessibility pursuant to the require-
    11  ments of section 203 of  the  Voting  Rights  Act  of  1965  (42  U.S.C.
    12  1973aa-1a)  such  that  it  must  have  the capacity to display the full
    13  ballot in the alternative  languages  required  by  the  federal  Voting
    14  Rights  Act  if  such  voting machine or system is to be used where such
    15  alternative languages are required or where the local board  deems  such
    16  feature necessary; [and]
    17    t.  not  include  any  device  or functionality potentially capable of
    18  externally transmitting or receiving data via the internet or via  radio
    19  waves or via other wireless means[.];
    20    u.  be  constructed  so  that,  after  the paper ballot is cast by the
    21  voter, the voting machine or system never passes the cast ballot under a
    22  printer that can print votes onto the ballot, including as a  result  of
    23  unauthorized,  malicious  or  faulty software or firmware, provided that
    24  machines purchased prior to June  first,  two  thousand  twenty-one  may
    25  continue to be used;
    26    v.  be  constructed  so the configuration or functionality of a voting
    27  machine or system does not include ballot marking and tabulating  within
    28  the same physical device, provided that machines purchased prior to June
    29  first, two thousand twenty-one may continue to be used;
    30    w.  not utilize, for the process of vote casting and canvassing, a bar
    31  code, matrix code or any kind of recording code that cannot be  verified
    32  by the voter without using a code-reading device;
    33    x.  permit  the  counting  of ballots by hand or permit the reading of
    34  ballots with an optical character recognition device; and
    35    y. use durable paper ballots printed and manufactured  in  the  United
    36  States that are not printed on thermal paper.
    37    §  2.  Subdivision 4 of section 7-202 of the election law, as added by
    38  chapter 181 of the laws of 2005, is amended to read as follows:
    39    4. Local boards of elections which obtain voting machines pursuant  to
    40  this  chapter  [may determine to] shall purchase [direct recording elec-
    41  tronic machines or]  optical  scan  machines  in  conformance  with  the
    42  requirements of this chapter.
    43    § 3. This act shall take effect immediately.
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