Relates to run-off elections in the city of New York

Summary of specific provisions

Section 1 of the bill is legislative findings.

Section 2 of the bill amends § 4-114(1) of the election law to require that the Board of Elections of the city of New York shall determine the candidates duly nominated for public office and the questions that shall appear on the ballot within the jurisdiction of such board of elections not later than the twenty-eighth day preceding a general election.

Section 3 of the bill amends § 7-200(1) of the election law to allow the board of elections in the city of New York the option to use lever machines in the primary election if such board of elections determines that the use of such mechanical lever machines are necessary to ensure the timely and orderly administration of the primary, including, but not limited to a timely vote count. Section 3 of the bill further authorizes the board of elections in the city of New York the option to use lever machines in the run-off election if such board of elections determines that the use of the state approved optical scanning voting machines at the run-off is impractical given the costs and statutory time constraints associated with the preparation, deployment and use of the

optical scanning machines. This section of the legislation also ensures that ballots marking devices be used at all polling places in the city of New York if the board of elections if such city exercises its option to use mechanical lever voting machines.

Section 4 of the bill amends §8-100(1)(b) of the election law to specify that in the event of a run-off election, pursuant to §6-162 of the election law, in the city of New York, that such run-off shall be held on the third Tuesday next succeeding the date on which the primary election was held.

Section 5 of the bill amends § 8-412(1) of the election law to allow for absentee ballots cast in the general election (in a year in which there is a run-off) in the city of New York to be returned up to 14 days after such election.

Section 6 of the bill amends .9-214 of the election law to extend to not later than 30 days after the general election the time in which the board of elections in the City of New York of shall transmit to the secretary of state a list of the names and residences of all persons determined to have been elected to any county office. Such provision shall only apply to offices in the city of New York and only in a year in which there has been a run-off election.

Section 7 of the bill amends § 10-108(1)(a) of the election law to state that in any year in which there has been a run-off election in the city of New York that ballots for military voters shall be transmitted to such voters as soon as practicable, but in any event not later than 25 days before a general election in that year.

Section 8 of the bill amends § 10-114(1) of the election law to allow for military ballots cast in the general election (in a year in which there is a run-off) in the city of New York to be returned up to 20 days after such election.

Section 9 of the bill notwithstands any provision of general, special or local law that would render the preparation, deployment and utilization of lever voting machines impractical where the board of elections in the city of New York makes a determination with respect to such machines as authorized by section three of this bill.

Section 10 of the bill requires the board of elections in the city of New York to issue a report, on or before July 1, 2014, to various government officials detailing a plan for administering effective and timely elections in the city of New York using optical scanning voting systems that meet the requirements of the election law. In addition to other requirements, such report must include a plan for further education and training of board of elections staff and election day workers regarding the needs of voters with disabilities.

Section 11 requires the NYCBO to The board of elections in the city of New York shall adopt procedures regarding the preparation, deployment

and utilization of mechanical lever voting machines should such board of elections determine under section three of this act that such lever voting machines shall be used. Such procedures shall seek to ensure that the canvass and recanvass of the mechanical lever voting machines occurs in a timely and efficient manner.

Section 12 of the bill is the effective date.

Justification

Pursuant to the Help America Vote Act (HAVA), New York State adopted optical scanning voting machines for use in all elections governed by the state election law. This policy was fully realized beginning with the elections in 2010. The board of elections of the city of New York, along with other county boards of elections, has been diligent in training staff and poll workers in the operation, use and maintenance of these optical scanning machines. These optical scanning machines have thoroughly modernized the way elections are administered in New York State. Because the optical scanning machines were specifically designed to retain.and produce voter verifiable voting records, the canvass of votes as well as the testing of machines takes a little more time than the old mechanical lever voting machines. County boards of elections throughout the state recognize the superior technology that optical scanning machines provide and have embraced it. However, in recognition of the unique circumstance that the city of New York is subject to the state's only run-off election, and the city of New York's size, the board of elections in the city of New York has stated that it will be very difficult to canvass, audit and test all of their optical scanning voting machines after a primary in time for a run-off election two weeks later. The board of elections in the city of New York is confident that in future years, these issues can and will be resolved in order to accommodate the statutory run-off election. However, this year the board of elections in the city of New York has asked for a onetime dispensation to use mechanical lever voting machines if the board shall deem it necessary.

This bill affords the board of elections in the city of New York the opportunity to use mechanical lever voting machines in both the primary and run-off election should the board of elections specifically determine the necessity for their use. Also, an additional week is allotted for the board of elections in the city of New York to prepare for the run-off election should there be one.

As the election law contains a carefully drawn political calendar, adjusting the time for the holding of a run-off election in the city of New York necessarily resulted in the pushing back of certain deadlines. Such changes are also reflected in this bill.

Prior legislative history

None

Fiscal implication

None to the State.

Effective date

This act shall take effect immediately and shall expire and be deemed repealed December 31, 2013, except. that section 10 of this act shall expire and be deemed repealed on August 1, 2014.