Relates to the creation of election districts and deployment of voting systems; repealer

BILL NUMBER:S5447C

Title of bill

An act to amend the election law, in relation to the alteration of election districts by the board of elections; and to repeal certain provisions of such law relating thereto

Purpose

The bill gives county boards of elections the flexibility to designate and change polling places based on the technology being provided by new voting systems.

Summary of provisions

Section 1: Amends Election Law section 4-100(2) to give the county boards of elections throughout the State the same authority to create, consolidate, divide and alter election districts, which is already granted to the boards of elections in the cities of Buffalo and New York and the counties of Monroe, Nassau and Suffolk.

Section 2: Amends Election Law section 4-104(5) to add a new paragraph (d), which provides that a polling place using a new, certified voting system may contain multiple election districts, provided that the system prints out separate and distinct vote totals for each election district in the polling station.

Section 3: Amends Election Law section 4-104(6) to provide that a poll site must be of sufficient size to accommodate voting systems and privacy booths as required by the rules and regulations promulgated by the state board of elections, and that there must be a sufficient number of voting systems, election workers and other election resources to accommodate the number of voters eligible to vote in such polling place.

Section 4: Repeals Election Law section 4-100(6).

Section 5: Provides for the Act to take effect immediately.

Existing law

New bill.

Justification

The Federal Help America Vote Act and Election Reform and Modernization Act of 2005 (Chapter 181/Laws of 2005) require that new voting systems be implemented throughout New York State. Because these systems are capable of handling ballots for multiple election districts, when designating polling places the county boards of elections need the flexibility to consider those capabilities and the ability of the site to accommodate the number of voting systems, privacy booths, election workers and other election resources in sufficient numbers to adequately serve the voters eligible to vote in that polling place.

The repealed Election Law section 4-100(6), which provided for county boards of elections to establish election districts when

legislatures and other bodies fail to do so, has been made rendered obsolete by the powers granted to them by this bill.

Legislative history

New Bill.

Fiscal implications

None to the State.

Local fiscal implications

None. This bill will likely result in cost savings because it will allow boards of elections to consolidate polling places and reduce the cost of running elections.

Effective date

Immediately.