STATE OF NEW YORK ________________________________________________________________________ 9192 IN SENATE November 19, 2018 ___________ Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the election law, in relation to requiring the purchase of direct recording electronic machines which produce and retain a voter verified permanent paper record in the city of New York (Part A); to amend the election law, in relation to mandatory core curric- ulum; and to amend the election law, in relation to mandatory training curriculum for election commissioners, key staff of boards of elections and poll workers (Part B); and to amend the election law, in relation to establishing mobile operations voting equipment units (Part C) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to enact the restore faith in voting act. Each 3 component is wholly contained within a Part identified as Parts A 4 through C. The effective date for each particular provision contained 5 within such Part is set forth in the last section of such Part. Any 6 provision in any section contained within a Part, including the effec- 7 tive date of the Part, which makes reference to a section "of this act", 8 when used in connection with that particular component, shall be deemed 9 to mean and refer to the corresponding section of the Part in which it 10 is found. Section four of this act sets forth the general effective date 11 of this act. 12 § 2. Short title. This act shall be known and may be cited as the 13 "restore faith in voting act". 14 PART A 15 Section 1. Subdivision 1 of section 7-200 of the election law, as 16 amended by chapter 181 of the laws of 2005, is amended to read as 17 follows: 18 1. [~~The board of elections of the city of New York and other county~~] 19 County boards of elections may adopt any kind of voting machine or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16723-02-8

S. 9192 2 1 system approved by the state board of elections, or the use of which has 2 been specifically authorized by law, and the board of elections of the 3 city of New York shall adopt any direct recording electronic machines 4 which produce and retain a voter verified permanent paper record 5 approved by the state board of elections; and thereupon such voting 6 machine or system may be used at any or all elections and shall be used 7 at all general or special elections held by such boards in such city, 8 town or village and in every contested primary election in the city of 9 New York and in every contested primary election outside the city of New 10 York in which there are one thousand or more enrolled voters qualified 11 to vote. No more than two types of voting machines or systems may be 12 used by any local board of elections at a single election. On or before 13 January first, two thousand twenty, the state board of elections shall 14 approve direct recording electronic machines which produce and retain a 15 voter verified permanent paper record for the initial adoption of such 16 machines by the board of elections of the city of New York. Notwith- 17 standing the other provisions of this subdivision, any local board of 18 elections may borrow or lease for use on an experimental basis for a 19 period of not more than one year each, voting machines or systems of any 20 type approved by the state board of elections. 21 § 2. Subdivision 4 of section 7-202 of the election law, as added by 22 chapter 181 of the laws of 2005, is amended to read as follows: 23 4. Local boards of elections which obtain voting machines pursuant to 24 this chapter may determine to purchase direct recording electronic 25 machines or optical scan machines in conformance with the requirements 26 of this chapter; provided, however, the board of elections of the city 27 of New York shall purchase direct recording electronic machines which 28 produce and retain a voter verified permanent paper record in conform- 29 ance with the requirements of this chapter. The initial costs of 30 purchasing such direct recording electronic machines necessary to bring 31 the board of elections of the city of New York into compliance with 32 subdivision one of section 7-200 of this title, as amended by a chapter 33 of the laws of two thousand eighteen, shall be borne by the state. 34 § 3. Subdivision 3 of section 7-203 of the election law, as amended by 35 chapter 180 of the laws of 2005, is amended to read as follows: 36 3. In the event that the board of elections shall not agree upon, or 37 the county shall not execute a contract or contracts for the purchase 38 of, the necessary voting machines, such contract or contracts shall be 39 awarded, made and executed by the state board of elections, in accord- 40 ance with subdivision four of section 3-100 of this chapter, on approval 41 of the attorney general as to form. The expense of making and entering 42 into such contracts, including the preparation and printing of specifi- 43 cations, and also all payments for voting machines to be made there- 44 under, shall be chargeable to the county, except in the city of New York 45 where such expense shall be chargeable to such city, and it shall be the 46 duty of the comptroller or other chief fiscal officer of the county or 47 city, as the case may be, to pay the same upon the certificate of the 48 officer making such contract, or upon the certificate of the state board 49 of elections in the event that such contract be made by it; provided, 50 however, if such contract is for the initial purchase of direct record- 51 ing electronic machines which produce and retain a voter verified perma- 52 nent paper record to bring the board of elections of the city of New 53 York into compliance with subdivision one of section 7-200 of this 54 title, as amended by a chapter of the laws of two thousand eighteen, 55 such expenses shall be borne by the state. No provision of any charter 56 or other law or ordinance governing the purchase of patented articles

S. 9192 3 1 shall be deemed to apply to the purchase of voting machines pursuant to 2 the provisions of this section. Nothing in this section shall be 3 construed to prevent the state board of elections from distributing 4 voting machines to boards of elections pursuant to other provisions of 5 this chapter without charge. 6 § 4. This act shall take effect immediately. 7 PART B 8 Section 1. Subdivision 1-a of section 3-412 of the election law, as 9 added by chapter 181 of the laws of 2005, is amended to read as follows: 10 1-a. The state board of elections shall establish a mandatory core 11 curriculum for poll worker training which includes the requirements in 12 subdivision two of this section, [~~as amended by a chapter of the laws of~~ 13 ~~2005,~~] and the rights of voters at the polls and obligation of election 14 workers to protect those rights while maintaining the integrity of the 15 franchise, including [~~assisting~~] accommodating voters with disabilities 16 or with limited or no proficiency in the English language, handling, 17 processing and entitlement to ballots, including affidavit and emergency 18 ballots, proper identification requirements, procedures to be followed 19 with respect to voters whose names are not on the list of registered 20 voters or whose identities have not been verified, electioneering and 21 other violations of the elective franchise as defined in this chapter, 22 solicitation by individuals and groups at the polling place and proce- 23 dures to be followed after the polls close. Such core curriculum also 24 shall include specific training in the proper operation of voting 25 systems used in the election; procedures for expeditiously providing 26 directions to voters about their assigned election district; ensuring 27 polling sites are accessible to voters with disabilities or other 28 specific needs; providing accommodation to persons who are illiterate; 29 the requirements for conducting signature verification of voters; the 30 requirements for individuals seeking to challenge voter eligibility and 31 the process for handling any such challenges; and security procedures 32 for the election. Each board of elections shall augment the core curric- 33 ulum with local procedures not inconsistent with the core curriculum 34 adopted by the state board of elections and which includes procedures 35 relating to proper operation of, and remedying problems with, the voting 36 machine or system in use in that jurisdiction. Each board of elections 37 shall also develop and implement procedures to assist in the recruiting 38 of new poll workers. 39 § 2. The election law is amended by adding a new section 3-213 to read 40 as follows: 41 § 3-213. Boards of elections; mandatory training curriculum. 1. 42 Election commissioners and such other board of elections employees as 43 determined by the state board of elections shall within six months after 44 their first appointment complete a course of instruction on the opera- 45 tion of a board of elections which shall be provided by the state board 46 of elections. The curriculum shall be established by the state board of 47 elections in consultation with election commissioners and shall not 48 exceed thirty hours of instruction. 49 2. Annually, election commissioners and other board of elections 50 employees as determined by the state board of elections, shall complete 51 before June first a continuing course of instruction on the operation of 52 a board of elections which shall be provided by the state board of 53 elections. The curriculum shall be established by the state board of

S. 9192 4 1 elections in consultation with the election commissioners and shall not 2 exceed three hours of instruction. 3 3. The state board of elections shall provide the training required by 4 subdivision two of this section through, in addition to other methods it 5 may choose, a web-based recorded format. 6 4. Upon the failure of a commissioner or other employee to complete 7 the instruction within the time required by this section, the state 8 board of elections shall send a letter to the county legislature or city 9 council and the respective county party chair of the jurisdiction of the 10 commissioner stating the delinquency. 11 § 3. Section 3-412 of the election law is amended by adding three new 12 subdivisions 1-b, 1-c and 1-d to read as follows: 13 1-b. The state board of elections shall establish and host an educa- 14 tion and training institute which shall be responsible for the develop- 15 ment and implementation of a statewide program wherein persons can 16 become certified poll worker trainers. This institute shall also create 17 a train-the-trainer program, in order for county boards of elections to 18 implement an effective training program at their respective local level 19 of program delivery. The state board's trainers shall include in the 20 trainer curriculum to be developed, attention to, inter alia, poll work- 21 er ability to serve a diverse electorate with complete confidence and 22 respect; professionalizing the delivery of all election day services; 23 providing assistance to voters with disabilities and those with limited 24 English language proficiency, ensuring the dignity and privacy of such 25 individuals; and to individuals who are members of racial or ethnic 26 minorities, complete familiarity and comfort with all voting systems in 27 use in poll sites, including ballot marking devices or other 28 systems/services available to voters with disabilities; and poll worker 29 ability to recognize and resolve a variety of issues which may arise in 30 poll sites. The state board's trainers and all certified poll worker 31 instructors shall utilize industry-proven training techniques aimed at 32 adult learners including role-based training and hands-on training 33 opportunities using official election day forms and poll site voting 34 systems and may further include a web-based component and companion 35 video. 36 1-c. County boards shall enroll trainers in the program in such quan- 37 tities to ensure that an adequate contingent of fully trained and certi- 38 fied poll worker trainers are available to meet the training needs of 39 such county. Each county board of elections shall enroll not less than 40 two persons designated by the county board on a bipartisan basis, in the 41 state board of elections training institute. Certified trainers must 42 maintain their certification by attending once every two years, a 43 continuing education program, to ensure the professionalism of the poll 44 worker training agenda set by the state board of elections. Enrollees 45 who have successfully completed the state board's training program and 46 been awarded a "certified poll worker instructor" certificate may serve 47 at the county board as a trainer of poll workers as well as a trainer of 48 other bi-partisan designees of the county board, however the conferring 49 of the title "certified poll worker instructor" may be made only by the 50 state board of elections. 51 1-d. The state board of elections shall adopt such rules and regu- 52 lations which may be necessary to create the training institute and 53 associated curricula provided for in subdivisions one-a, one-b and one-c 54 of this section, including a process whereby attendees who successfully 55 complete a state board-sponsored training program shall be awarded a

S. 9192 5 1 certificate conferring upon him or her, the title of "certified poll 2 worker instructor". 3 § 4. This act shall take effect immediately; provided, however, that 4 sections two and three of this act shall take effect on the one hundred 5 eightieth day after it shall have become a law; provided, however, that 6 effective immediately, the addition, amendment and/or repeal of any rule 7 or regulation necessary for the implementation of this act on its effec- 8 tive date are authorized and directed to be made and completed on or 9 before such effective date. 10 PART C 11 Section 1. Section 3-302 of the election law is amended by adding a 12 new subdivision 8 to read as follows: 13 8. On or before January first, two thousand twenty, the board of 14 elections shall establish a mobile operations voting equipment unit for 15 every one hundred polling places within such board's jurisdiction. Each 16 mobile operations voting equipment unit shall include at least two 17 voting machine technicians with the proper training and education on the 18 preparation, use, maintenance and repair of voting machines as required 19 by this section. Appointments of voting machine technicians to a mobile 20 operations voting equipment unit shall be equally divided between the 21 major political parties. Such technicians shall be deployed on election 22 day by the board of elections to any polling place where a voting 23 machine is reported as malfunctioning or inoperable for inspection and 24 repair of such machine. 25 § 2. This act shall take effect immediately. 26 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 27 sion, section or part of this act shall be adjudged by any court of 28 competent jurisdiction to be invalid, such judgement shall not affect, 29 impair, or invalidate the remainder thereof, but shall be confined in 30 its operation to the clause, sentence, paragraph, subdivision, section 31 or part thereof directly involved in the controversy in which such 32 judgement shall have been rendered. It is hereby declared to be the 33 intent of the legislature that this act would have been enacted even if 34 such invalid provisions had not been included herein. 35 § 4. This act shall take effect immediately provided, however, that 36 the applicable effective date of Parts A through C of this act shall be 37 as specifically set forth in the last section of such Parts.

Enacts the "restore faith in voting act"

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