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S5839Senate2019-2020 SessionSame asA7606

Remove Ballot Color Requirement

Official title

“Relates to the form of primary ballots; removes color requirement; repealer”

Sponsor Brian KavanaghSD-26Affects Public Safety & Consumer Affairs
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A7606

What's happening

This bill updates the election law regarding the form and timing of primary ballots and the implementation of the voter friendly ballot act.

Why it matters

  1. Removes some existing requirements and options related to the content and form of primary election ballots. , such as repealing provisions about specific elements (like color) that could previously be challenged in court, potentially streamlining ballot design and disputes.

  2. Delays the implementation of the Voter Friendly Ballot Act to July 1, 2020. , which means any changes intended by that Act (such as improved ballot layouts or accessibility features) will not apply until elections held after that date—affecting both voters and election administrators.

  3. Grants immediate authority to begin adopting or repealing rules and regulations needed to implement these changes. , allowing state agencies to prepare in advance for the new requirements and avoid administrative delays once the law takes effect.

  4. Clarifies the timeline for when each section of the law becomes operative. , providing a staggered rollout that could influence how quickly voters see changes on their ballots and how election officials plan for upcoming cycles.

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Who cares

Headline styles

Remove Ballot Color Requirement

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Kavanagh

Senator · Senate District 26

Chair, Housing, Construction And Community Development

No co-sponsors yet.

History

  1. Substituted by A7606
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.904
  5. Referred to elections

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7606Assembly

End Ballot Color Requirement

Signed by Governor · Sponsor Charles Lavine

Impact 3 · LowSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5839

2019-2020 Regular Sessions

IN SENATE

May 15, 2019

Introduced by Sen. KAVANAGH -- 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 the form of primary election ballots; to amend a chapter of the laws of 2019, amending the election law relating to enacting the voter friendly ballot act, as proposed in legislative bills numbers S. 2300-A and A. 2682-A, in relation to the effectiveness thereof; and repealing certain provisions of such law relating thereto

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (h) of subdivision 2 of section 7-114 of the election law is REPEALED.

§ 2. Paragraph (c) of subdivision 2 of section 7-114 of the election law, as amended by a chapter of the laws of 2019, amending the election law relating to enacting the voter friendly ballot act, as proposed in legislative bills numbers S. 2300-A and A. 2682-A, is REPEALED.

§ 3. Subdivision 1 of section 16-104 of the election law is amended to read as follows:

1. The form and content of any ballot, or portion thereof, to be used in an election, and the right to use any emblem design, [color,] party or independent body name, may be contested in a proceeding instituted in the supreme court by any aggrieved candidate or by the chairman of any party committee or independent body.

§ 4. Section 17 of a chapter of the laws of 2019, amending the election law relating to enacting the voter friendly ballot act, as proposed in legislative bills numbers S. 2300-A and A. 2682-A, is amended to read as follows:

§ 17. This act shall take effect [immediately] July 1, 2020 and shall apply to ballots to be used for elections occurring on or after [the first day of July next succeeding the year in which it shall have become a law] such effective date. Effective immediately, the addition, amend-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11682-01-9

S. 5839 2

ment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.

§ 5. This act shall take effect immediately; provided, however, that sections one and three of this act shall take effect January 1, 2020; and provided further that section two of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the election law relating to enacting the voter friendly ballot act, as proposed in legislative bills numbers S. 2300-A and A. 2682-A, takes effect.

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 the form of primary election ballots; to amend a chapter of the laws of 2019, amending the election law relating to enacting the voter friendly ballot act, as proposed in legislative bills numbers S. 2300-A and A. 2682-A, in relation to the effectiveness thereof; and repealing certain provisions of such law relating thereto

Purpose

To ensure counties can purchase and use cost effective election equip- ment while maintaining ballot integrity.

Summary of provisions

Section 1 of this bill repeals subdivision 2(h) of § 7-114 of the election law.

Section 2 of this bill repeals Paragraph (c) of subdivision 2 of § 7-114 of the election law, as amended by a chapter of the laws of 2019, amend- ing the election law relating to enacting the voter friendly ballot act, as proposed in legislative bills numbers S. 2300-A and A. 2682-A.

Section 3 of this bill amends subdivision 1 of § 16-104 of the election law to remove the reference to color coding of the primary ballot.

Section 4 amends Section 17 of a chapter of the laws of 2019, relating to enacting the voter friendly ballot act, as proposed in legislative bills numbers S. 2300-A and A. 2682-A, to change the effective date to July 1, 2020

Section 5 is the effective date.

Justification

Election Law imposes the need for political parties to be assigned a color on their respective primary election ballots. With the advent of early voting, subsequent use of electronic poll books, and ballot on demand (BOD) printers, the need for color coding has been rendered obso- lete. The color designation is largely a hold-over from the use of lever machines, when poll workers were handed a colored piece of paper so they could manually change to the appropriate ballot, then on pre-printed paper ballots as a way to presumably prevent poll worker error.

Until now, there has not been a considerable cost differential to comply with the color coding requirements. However, with the new requirement of counties to purchase new voting equipment such as ballot on demand prin- ters, maintaining the status-quo will cost counties millions of dollars more to provide color notations for ballots. With electronic poll books and BOD printers, voters will automatically receive the appropriate ballot and the color bar is effectively unnecessary.

Legislative history

New bill.

Fiscal implications

Reduction in equipment costs to country board of elections.

Effective date

This act shall take effect immediately; provided, however, that sections one and three of this act shall take effect January 1, 2020; provided further that section two of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the election law relating to enacting the voter friendly ballot act, as proposed in legislative bills numbers S. 2300-A and A. 2682-A, takes effect.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.