STATE OF NEW YORK ________________________________________________________________________ 3992--A 2023-2024 Regular Sessions IN ASSEMBLY February 8, 2023 ___________ Introduced by M. of A. CARROLL, PAULIN, DICKENS, REYES, SAYEGH, SIMON, DeSTEFANO, COOK, EPSTEIN, KELLES, WOERNER, L. ROSENTHAL, LUPARDO, JACKSON, RAJKUMAR, FORREST, BURDICK, DINOWITZ, BICHOTTE HERMELYN, THIELE, JACOBSON, FAHY, DURSO, GALLAGHER, MAMDANI, NORRIS, TAGUE, BURGOS, ANDERSON, BRABENEC, TAYLOR, BARRETT, McDONOUGH, ZINERMAN, COLTON, CLARK, SIMPSON, PRETLOW, GONZALEZ-ROJAS, DE LOS SANTOS, LUCAS, TAPIA, GANDOLFO, GLICK, ROZIC, GIBBS, SEAWRIGHT, J. A. GIGLIO, SHIM- SKY, DARLING, LEVENBERG, SHRESTHA -- 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. Section 7-104 of the election law is amended by adding a 2 new subdivision 28 to read as follows: 3 28. The ballot shall be marked or printed on durable paper. For 4 purposes of this section, "durable paper" is defined as paper capable of 5 withstanding multiple counts and recounts by hand or machine without 6 compromising the fundamental integrity of the ballots, and capable of 7 retaining the information marked or printed on such paper for the full 8 duration of a retention and preservation period set forth in section 9 3-222 of this chapter. 10 § 2. Subdivision 1 of section 7-200 of the election law, as amended by 11 chapter 181 of the laws of 2005, is amended to read as follows: 12 1. The board of elections of the city of New York and other county 13 boards of elections may adopt any kind of voting machine or system 14 approved by the state board of elections, or the use of which has been 15 specifically authorized by law; and thereupon such voting machine or 16 system may be used at any or all elections and shall be used at all EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04070-02-3
A. 3992--A 2 1 general or special elections held by such boards in such city, town or 2 village and in every contested primary election in the city of New York 3 and in every contested primary election outside the city of New York in 4 which there are one thousand or more enrolled voters qualified to vote. 5 [No more than two types of voting machines or systems may be used by any 6 local board of elections at a single election.] Notwithstanding the 7 other provisions of this subdivision, any local board of elections may 8 borrow or lease for use on an experimental basis for a period of not 9 more than one year each, voting machines or systems of any type approved 10 by the state board of elections. 11 § 3. Paragraphs b, e, j, s and t of subdivision 1 of section 7-202 of 12 the election law, as added by chapter 181 of the laws of 2005, are 13 amended and three new paragraphs u, v and w are added to read as 14 follows: 15 b. permit a voter to vote for any person for any office, whether or 16 not nominated as a candidate by any party or independent body [without 17 the ballot, or any part thereof, being removed from the machine at any 18 time]; 19 e. provide the voter an opportunity to privately and independently 20 mark and verify votes selected [and the] on an individual, voter-verifi- 21 able paper ballot and the ability to privately and independently change 22 such votes or correct any error before the ballot is cast and counted, 23 including by offering the voter a new paper ballot as many times as is 24 allowed by statute or regulation. For the purposes of this subdivision, 25 the term "individual, voter-verifiable paper ballot" means either: (i) a 26 paper ballot marked by the voter by hand; or (ii) a paper ballot marked 27 through the use of a nontabulating ballot marking device or system. For 28 the purposes of this title, a "ballot marking device" is a device that 29 provides voters, including voters with disabilities, the ability to mark 30 votes on physical, paper ballots privately and independently. For the 31 purposes of this title, a "nontabulating ballot marking device" is a 32 ballot marking device that does not tabulate or transmit votes or retain 33 any record of a voter's selections, other than the original paper 34 ballot, after the voter has finished marking the paper ballot and using 35 the device to review selections; 36 j. [retain all paper ballots cast or produce and retain a voter veri- 37 fied permanent paper record which shall be presented to the voter from 38 behind a window or other device before the ballot is cast,] for ballot 39 scanners, retain paper ballots in a manner intended and designed to 40 protect the privacy of the voter; for nontabulating ballot marking 41 devices, produce or process paper ballots in a manner intended and 42 designed to protect the privacy of the voter; such ballots [or record] 43 shall allow a manual audit and shall be preserved in accordance with the 44 provisions of section 3-222 of this chapter; 45 s. permit alternative language accessibility pursuant to the require- 46 ments of section 203 of the Voting Rights Act of 1965 (42 U.S.C. 47 1973aa-1a) such that it must have the capacity to display the full 48 ballot in the alternative languages required by the federal Voting 49 Rights Act if such voting machine or system is to be used where such 50 alternative languages are required or where the local board deems such 51 feature necessary; [and] 52 t. not include any device or functionality potentially capable of 53 externally transmitting or receiving data via the internet or via radio 54 waves or via other wireless means[.]; 55 u. be constructed so that, after the paper ballot is cast by the 56 voter, the voting machine or system never passes the cast ballot under a
A. 3992--A 3 1 printer that can print votes onto the ballot, including as a result of 2 unauthorized, malicious or faulty software or firmware; 3 v. be constructed so the configuration or functionality of a voting 4 machine or system does not include, within the same physical device, 5 both (i) ballot marking and (ii) tabulating or transmitting a voter's 6 selections at any time or retaining any record of a voter's selections, 7 other than the original paper ballot, after the voter has finished mark- 8 ing the paper ballot and using the device to review selections; and 9 w. not encode votes on a ballot, whether as a barcode, QR code or any 10 kind of recording code that cannot be verified by the voter without 11 using a code-reading device. For the purposes of this paragraph, a "code 12 reading device" is a device that reads and translates coded marks like 13 QR codes or barcodes into language that can be understood without any 14 kind of device. 15 § 4. Subdivision 4 of section 7-202 of the election law, as added by 16 chapter 181 of the laws of 2005, is amended and a new subdivision 5 is 17 added to read as follows: 18 4. Local boards of elections which obtain voting machines pursuant to 19 this chapter [may determine to] shall purchase [direct recording elec- 20 tronic machines or optical scan machines] ballot scanners and nontabu- 21 lating ballot marking devices in conformance with the requirements of 22 this chapter. 23 5. Local boards of elections must provide every voter, at every poll- 24 ing place, both of the following options: (a) to hand mark a paper 25 ballot; or (b) to use a nontabulating ballot marking device or system to 26 mark a paper ballot. All paper ballots must be printed, scannable, and 27 include all relevant contests and candidates. 28 § 5. This act shall take effect immediately; provided, however, that 29 voting machines purchased prior to the effective date of this act may 30 continue to be used and maintained if they are designed and constructed 31 to utilize individual, voter verifiable paper ballots, as such term is 32 defined in section 7-202 of the election law.