What's happening
This bill requires New York City to use electronic voting machines with voter-verified paper records, establishes mandatory training for election staff, and creates mobile voting equipment response units.
Why it matters
Mandated use of electronic voting machines with paper trails in NYC. ensures greater security and transparency in elections by requiring that every vote cast can be audited or recounted using a voter-verified permanent paper record. This aims to boost public trust and safeguard against tampering or technical failures.
State funding for initial machine upgrades in New York City. reduces the financial burden on the city and accelerates the transition to more secure voting technology, potentially setting a precedent for future state-level support for local election infrastructure.
Comprehensive, standardized training for election staff and poll workers. introduces a mandatory curriculum covering voter rights, disability and language accommodations, machine operation, and signature verification. This professionalizes the workforce, reduces errors, and helps ensure consistent voter experiences across the city and state.
Creation of mobile voting equipment response units. means technical problems at polling places can be addressed more rapidly by bipartisan teams of trained technicians, minimizing downtime and helping prevent disenfranchisement caused by malfunctioning voting machines.
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Headline styles
Require Paper Backup Voting Machines
Plain English, a few words. Used as the page title.
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History
- Referred to elections
- Referred to elections
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
308
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
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 curriculum; 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 Assembly, do enact as follows:
Section 1. This act enacts into law major components of legislation which are necessary to enact the restore faith in voting act. Each component is wholly contained within a Part identified as Parts A through C. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section four of this act sets forth the general effective date of this act.
§ 2. Short title. This act shall be known and may be cited as the "restore faith in voting act".
PART A
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02815-01-9
S. 308 2
Section 1. Subdivision 1 of section 7-200 of the election law, as amended by chapter 181 of the laws of 2005, is amended to read as follows:
1. [The board of elections of the city of New York and other county] County boards of elections may adopt any kind of voting machine or system approved by the state board of elections, or the use of which has been specifically authorized by law, and the board of elections of the city of New York shall adopt any direct recording electronic machines which produce and retain a voter verified permanent paper record approved by the state board of elections; and thereupon such voting machine or system may be used at any or all elections and shall be used at all general or special elections held by such boards in such city, town or village and in every contested primary election in the city of New York and in every contested primary election outside the city of New York in which there are one thousand or more enrolled voters qualified to vote. No more than two types of voting machines or systems may be used by any local board of elections at a single election. On or before January first, two thousand twenty, the state board of elections shall approve direct recording electronic machines which produce and retain a voter verified permanent paper record for the initial adoption of such machines by the board of elections of the city of New York. Notwithstanding the other provisions of this subdivision, any local board of elections may borrow or lease for use on an experimental basis for a period of not more than one year each, voting machines or systems of any type approved by the state board of elections.
§ 2. Subdivision 4 of section 7-202 of the election law, as added by chapter 181 of the laws of 2005, is amended to read as follows:
4. Local boards of elections which obtain voting machines pursuant to this chapter may determine to purchase direct recording electronic machines or optical scan machines in conformance with the requirements of this chapter; provided, however, the board of elections of the city of New York shall purchase direct recording electronic machines which produce and retain a voter verified permanent paper record in conformance with the requirements of this chapter. The initial costs of purchasing such direct recording electronic machines necessary to bring the board of elections of the city of New York into compliance with subdivision one of section 7-200 of this title, as amended by a chapter of the laws of two thousand nineteen, shall be borne by the state.
§ 3. Subdivision 3 of section 7-203 of the election law, as amended by chapter 180 of the laws of 2005, is amended to read as follows:
3. In the event that the board of elections shall not agree upon, or the county shall not execute a contract or contracts for the purchase of, the necessary voting machines, such contract or contracts shall be awarded, made and executed by the state board of elections, in accordance with subdivision four of section 3-100 of this chapter, on approval of the attorney general as to form. The expense of making and entering into such contracts, including the preparation and printing of specifications, and also all payments for voting machines to be made thereunder, shall be chargeable to the county, except in the city of New York where such expense shall be chargeable to such city, and it shall be the duty of the comptroller or other chief fiscal officer of the county or city, as the case may be, to pay the same upon the certificate of the officer making such contract, or upon the certificate of the state board of elections in the event that such contract be made by it; provided, however, if such contract is for the initial purchase of direct recording electronic machines which produce and retain a voter verified perma-
S. 308 3
nent paper record to bring the board of elections of the city of New York into compliance with subdivision one of section 7-200 of this title, as amended by a chapter of the laws of two thousand nineteen, such expenses shall be borne by the state. No provision of any charter or other law or ordinance governing the purchase of patented articles shall be deemed to apply to the purchase of voting machines pursuant to the provisions of this section. Nothing in this section shall be construed to prevent the state board of elections from distributing voting machines to boards of elections pursuant to other provisions of this chapter without charge.
§ 4. This act shall take effect immediately.
PART B
Section 1. Subdivision 1-a of section 3-412 of the election law, as added by chapter 181 of the laws of 2005, is amended to read as follows:
1-a. The state board of elections shall establish a mandatory core curriculum for poll worker training which includes the requirements in subdivision two of this section, [as amended by a chapter of the laws of 2005,] and the rights of voters at the polls and obligation of election workers to protect those rights while maintaining the integrity of the franchise, including [assisting] accommodating voters with disabilities or with limited or no proficiency in the English language, handling, processing and entitlement to ballots, including affidavit and emergency ballots, proper identification requirements, procedures to be followed with respect to voters whose names are not on the list of registered voters or whose identities have not been verified, electioneering and other violations of the elective franchise as defined in this chapter, solicitation by individuals and groups at the polling place and procedures to be followed after the polls close. Such core curriculum also shall include specific training in the proper operation of voting systems used in the election; procedures for expeditiously providing directions to voters about their assigned election district; ensuring polling sites are accessible to voters with disabilities or other specific needs; providing accommodation to persons who are illiterate; the requirements for conducting signature verification of voters; the requirements for individuals seeking to challenge voter eligibility and the process for handling any such challenges; and security procedures for the election. Each board of elections shall augment the core curriculum with local procedures not inconsistent with the core curriculum adopted by the state board of elections and which includes procedures relating to proper operation of, and remedying problems with, the voting machine or system in use in that jurisdiction. Each board of elections shall also develop and implement procedures to assist in the recruiting of new poll workers.
§ 2. The election law is amended by adding a new section 3-213 to read as follows:
§ 3-213. Boards of elections; mandatory training curriculum. 1. Election commissioners and such other board of elections employees as determined by the state board of elections shall within six months after their first appointment complete a course of instruction on the operation of a board of elections which shall be provided by the state board of elections. The curriculum shall be established by the state board of elections in consultation with election commissioners and shall not exceed thirty hours of instruction.
S. 308 4
2. Annually, election commissioners and other board of elections employees as determined by the state board of elections, shall complete before June first a continuing course of instruction on the operation of a board of elections which shall be provided by the state board of elections. The curriculum shall be established by the state board of elections in consultation with the election commissioners and shall not exceed three hours of instruction.
3. The state board of elections shall provide the training required by subdivision two of this section through, in addition to other methods it may choose, a web-based recorded format.
4. Upon the failure of a commissioner or other employee to complete the instruction within the time required by this section, the state board of elections shall send a letter to the county legislature or city council and the respective county party chair of the jurisdiction of the commissioner stating the delinquency.
§ 3. Section 3-412 of the election law is amended by adding three new subdivisions 1-b, 1-c and 1-d to read as follows:
1-b. The state board of elections shall establish and host an education and training institute which shall be responsible for the development and implementation of a statewide program wherein persons can become certified poll worker trainers. This institute shall also create a train-the-trainer program, in order for county boards of elections to implement an effective training program at their respective local level of program delivery. The state board's trainers shall include in the trainer curriculum to be developed, attention to, inter alia, poll worker ability to serve a diverse electorate with complete confidence and respect; professionalizing the delivery of all election day services; providing assistance to voters with disabilities and those with limited English language proficiency, ensuring the dignity and privacy of such individuals; and to individuals who are members of racial or ethnic minorities, complete familiarity and comfort with all voting systems in use in poll sites, including ballot marking devices or other systems/services available to voters with disabilities; and poll worker ability to recognize and resolve a variety of issues which may arise in poll sites. The state board's trainers and all certified poll worker instructors shall utilize industry-proven training techniques aimed at adult learners including role-based training and hands-on training opportunities using official election day forms and poll site voting systems and may further include a web-based component and companion video.
1-c. County boards shall enroll trainers in the program in such quantities to ensure that an adequate contingent of fully trained and certified poll worker trainers are available to meet the training needs of such county. Each county board of elections shall enroll not less than two persons designated by the county board on a bipartisan basis, in the state board of elections training institute. Certified trainers must maintain their certification by attending once every two years, a continuing education program, to ensure the professionalism of the poll worker training agenda set by the state board of elections. Enrollees who have successfully completed the state board's training program and been awarded a "certified poll worker instructor" certificate may serve at the county board as a trainer of poll workers as well as a trainer of other bi-partisan designees of the county board, however the conferring of the title "certified poll worker instructor" may be made only by the state board of elections.
S. 308 5
1-d. The state board of elections shall adopt such rules and regulations which may be necessary to create the training institute and associated curricula provided for in subdivisions one-a, one-b and one-c of this section, including a process whereby attendees who successfully complete a state board-sponsored training program shall be awarded a certificate conferring upon him or her, the title of "certified poll worker instructor".
§ 4. This act shall take effect immediately; provided, however, that sections two and three of this act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
PART C
Section 1. Section 3-302 of the election law is amended by adding a new subdivision 8 to read as follows:
8. On or before January first, two thousand twenty, the board of elections shall establish a mobile operations voting equipment unit for every one hundred polling places within such board's jurisdiction. Each mobile operations voting equipment unit shall include at least two voting machine technicians with the proper training and education on the preparation, use, maintenance and repair of voting machines as required by this section. Appointments of voting machine technicians to a mobile operations voting equipment unit shall be equally divided between the major political parties. Such technicians shall be deployed on election day by the board of elections to any polling place where a voting machine is reported as malfunctioning or inoperable for inspection and repair of such machine.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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 mandato- ry core curriculum; and to amend the election law, in relation to manda- tory 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)
Purpose
The purpose of the Restore Faith in Voting Act is to ensure that every qualified New Yorker can exercise their fundamental right to vote by modernizing the voting machines in New York and ensuring that election staff are well trained.
Summary of provisions
Section 1 describes the structure of the Act as being comprised of three separate parts, each with its own effective date, as well as a general effective date as set forth in section four of the Act.
Read the full memo (1,083 words)
Section 2 establishes the title of the Act as the "Restore Faith in Voting Act."
PART A
Section 1 of Part "A" amends subdivision 1 of section 7-200 of the election law to require the board of elections of the city of New York use direct recording electronic machines for their elections. It also requires the state board of election to approve a model of direct recording electronic machines that produce and retain a voter verified permanent paper record for the board of elections of the city of New York to use.
Section 2 amends subdivision 4 of section 7-202 of the election law to require the board of elections of the city of New York to purchase direct recording electronic machines that produce and retain a voter verified permanent paper record, and the initial cost of that purchase shall be borne by the State.
Section 3 amends subdivision 3 of section 7-203 of the election law, to ensure that the cost of a contract to purchase direct recording elec- tronic machines that produce and retain a voter verified permanent paper record by the board of elections of the city of New York is borne by the State.
Section 4 is the effective date, which provides that the Part "A" shall take effect immediately.
Part B
Section 1 of Part "B" amends subdivision 1-a of section 3-412 of the election law: (a) to expand NYS BOB'S mandatory core curriculum for poll
worker training and (b) to require local boards of election to develop and implement procedures to assist in the recruiting of new poll workers
Section 2 adds a new section 3-213 to the Election Lawto flequire election commissioners and board of elections employees to complete mandatory training, and continuing education annually, with the curric- ulum to be established by the NYS BOE.
Section 3 amends section 3-412 of the Election Law to require NYS BOE to establish and host an education and training institute to develop a curriculum for certified poll worker training and train-the-trainer programs.
Section 4 sets forth the effective date.
Part C
Section 1 of Part "C" amends section 3-302 of the election law by adding a new subdivision 8 that creates a Mobile Operations Voting Equipment Unit within each board of elections. The unit will be made up of at least two skilled technicians proficient in the voting machine technolo- gy operated by the local board of election. These MOVE Units will be deployed by the local boards of election on Election Day to polling places where a voting machine has stopped operating or is malfunction- ing. There will be at least one Unit for every 100 polling sites.
Section 2 sets forth the effective date.
Section 3 of the Act sets forth a severability clause.
Section 4 of the Act states that the Act shall take effect immediately, provided that the applicable effective dates of Parts "A" through "C" shall be as specifically set forth in the last section of such Parts.
Justification
Voting is the most fundamental right we have as Americans and when we can't exercise that right because of long lines and broken machines, we need to question our commitment to democracy. This bill seeks to right an injustice for many New Yorkers who simply want to participate in an electoral process that was guaranteed to them by the founders of our country.
It is clear from the November 6, 2018 election that changes are desper- ately needed in how citizens vote in New York City. The voting machines that were used across the City broke down causing long lines and signif- icant confusion.
It is important that New York State invest in the best and newest tech- nology available to make sure we have voting machines that work correct- ly when necessary. This bill will require that New York City change their voting machines to Direct Recording Electronic (DRE) machines. These voting machines, similar to an ATM, and are designed to allow voting by simply touching the screen or monitor. Voters will have the opportunity to review a paper record of their vote before casting it, which would then act as the vote of record for audits and recounts.
The current scanning machines are eight years old and are expected to be in use for 10 years, according to Michael Ryan, the executive director of the Board of Elections. While DRE machines are allowed under New York State law, they are not currently used anywhere in the State. This bill would require New York City to begin using these types of machines and other counties in the State could follow. Since the current machines are nearing the end of their lifespan, now is the time to update to'machines that work.
In addition, if and when machines do jam or malfunction, it is important that BOE staff is trained to be able to resolve the problems. This bill also improves poll worker training and recruitment, as well as creates a special Mobile Operations Voting Equipment Unit or MOVE unit that can be deployed by the BOE on Election Day to polling places where a voting machine has stopped operating or is malfunctioning.
Legislative history
New Bill
Fiscal implications
To be determined
Effective date
The bill takes effect immediately, provided that the applicable effec- tive dates of Parts "A" through "C" shall be as specifically set forth in the last section of such Parts.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.