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

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 or general idea of bill

The bill is intended to provide the boards of elections flexibility regarding election districts to capitalize on the features and capabilities of the new voting machines which will replace the existing voting machines and to ensure that poll sites have adequate space.

Summary of specific provisions

Section 1 of the bill repeals election law § 4-100(6} which allows a board of elections to alter election district lines when a legislative body of a town or city fails to do so and grants the boards of elections the authority to create, consolidate, divide or alter election districts.

Section 2 of the bill provides a one time waiver of the prohibition on consolidating election districts between February twentieth of a calendar year ending in seven and December first of a calendar year ending in zero, provided that the outer boundary or perimeter of the consolidated districts is not altered.

Section 3 of the bill provides that polling places using new voting machines or systems may contain more than 1 election district provided that such voting machine or system produces separate and distinct vote totals for each election district.

Section 4 of the bill provides that a poll site must be of sufficient size to accommodate voting machines and privacy booths as required by state board of elections rules and regulations. It also provides that the number of voting machines, election workers and election resources must be sufficient to accommodate the number of voters eligible to vote in such poll site.

Section 5 of the bill is the effective date.

Justification

In 2005, the election law was amended to provide that the boards of elections throughout the state assume possession and ownership of all voting machines and that such boards designate poll site locations. In 2009 and 2010, New York State will be replacing the existing mechanical voting machines with electronic voting machines that comply with the Help America Vote Act and recently enacted state law. This bill is intended to balance the desire to keep costs down with the efficient and orderly administration of elections.

The new machines have features and capabilities, such as the ability to tabulate multiple official ballots that the current machines do not. The bill allows the use of one machine for more than one election district provided it produces separate and distinct totals for each election district. The boards of elections should be given the authority to create, consolidate, divide or alter election districts, in addition to picking the poll sites, to best utilize the new machines. The other provision in the bill, the I time waiver, is also intended to reflect the capabilities of the new machines and provide flexibility as New York makes the transition to new voting machines. Finally, in order to prevent drastic cost cutting measures that could render elections chaotic or slow, the bill requires that sufficient space, voting machines, election workers and resources be provided to accommodate those voters that are eligible to vote at a poll site. PRIOR LEGISLATIVE HISTORY : None.

Fiscal implication

This bill would allow the boards of elections to better utilize their voting machines and reduce the cost of running elections.

Effective date

This act shall take effect immediately.