What's happening
This bill updates the process for soliciting and approving voting machines in New York and extends required vendor service from five to ten years.
Why it matters
Shifts control over the initial voting machine selection process. from vendors to the State Board of Elections, meaning public officials (not companies) now initiate proposals for new voting machines, potentially increasing oversight and reducing vendor-driven influence.
Requires vendors to pay the full cost of state examination. when submitting voting machines or systems for approval, which could deter unserious or under-resourced vendors and help ensure that only thoroughly vetted machines are considered for use.
Mandates a decade-long service and maintenance commitment. from voting machine vendors, doubling the previous requirement and aiming to ensure greater reliability, longevity, and cost predictability for local governments and voters.
Strengthens vendor accountability. by requiring written guarantees and sufficient bonding for a full ten years, potentially leading to fewer operational failures and better long-term support for election infrastructure.
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Who cares
Headline styles
Tougher Voting Machine Rules
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to elections
- Referred to rules
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.
Toughen Voting Machine Rules
In Assembly Committee · Election Law · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6734
2019-2020 Regular Sessions
IN SENATE
September 20, 2019
Introduced by Sen. MYRIE -- 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 requests for proposals for voting machines and contracts for purchase of voting machines or systems
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 7-201 of the election law, as amended by chapter 181 of the laws of 2005, is amended to read as follows:
1. [Any person or corporation owning or being interested in any voting machine or system may apply to have] Any commissioner of the state board of elections [examine such machine or system] may solicit requests for proposals for voting machines or systems to be certified by such board for use in New York state. [Such applicant] All such requests for proposals shall contain a provision stating that any person or entity submitting a proposal shall pay to the board before the examination of such proposed voting machine or system, a fee equal to the cost of [such examination] examining such voting machine or system. The state board of elections shall cause the machine or system to be examined and a report of the examination to be made and filed in the office of the state board. Such examination shall include a determination as to whether the machine or system meets the requirements of section 7-202 of this title and a thorough review and testing of any electronic or computerized features of the machine or system. Such report shall state an opinion as to whether the kind of machine or system so examined can safely and properly be used by voters and local boards of elections at elections, under the conditions prescribed in this article and the requirements of the federal Help America Vote Act. If the report states that the machine or system can be so used, and the board after its own examination so determines, in accordance with subdivision four of section 3-100 of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13203-02-9
S. 6734 2
chapter, the machine or system shall be deemed approved, and machines or systems of its kind may be adopted for use at elections as herein provided. The voting machine or system shall be examined by examiners or testing laboratories to be selected for such purpose by the state board. Each examiner or laboratory shall receive compensation and expenses for making an examination and report as to each voting machine or system examined by him or it. Neither any member of the state board of elections nor any examiner or owner or employee of any testing laboratory, shall have any pecuniary interest in any voting machine or system. Any form of voting machine or system not so approved, cannot be used at any election.
§ 2. Subdivisions 1 and 2 of section 7-204 of the election law, as amended by chapter 181 of the laws of 2005, are amended to read as follows:
1. All contracts for purchase of voting machines or systems of types approved by the state board of elections shall include, but not be limited to, requirements that the vendors provide assistance in training board of elections personnel in the operation of such machines or systems and any ancillary equipment, assistance in the conduct of all elections conducted during the first year in which each such machine or system is used and at least [five] ten years of service for all such machines or systems and ancillary equipment.
2. All such contracts shall also require the vendor to guarantee in writing to keep such machines and systems in good working order for at least [five] ten years without additional cost and to perform satisfactorily its training and service obligations under the contract and to give a sufficient bond conditioned to that effect.
§ 3. 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 requests for proposals for voting machines and contracts for purchase of voting machines or systems
Purpose
To empower the commissioner of the State Board of Elections (BOE) to solicit requests for proposals for new voting machines or system s to be certified by the BOE for use in New York State.
Summary of provisions
Section 1 amends subdivision 1 of section 7-201 of the election law, to allow the commissioner of a board of elections (BOE) to solicit requests for proposals for new voting machines or systems to be certified by the BOE for use in New York State.
Section 2 amends subdivisions 1 and 2 of section 7-203 of the election law to provide that all contracts for purchase of voting machines shall include a requirement that vendors maintain such machines for at least ten years.
Section 3 sets the effective date.
Justification
The procurement process for voting machines is currently a vendor initi- ated process, whereby vendors may apply to have the state Board of Elections (BOE) examine their machines for possible purchase. Pursuant to section 7-201(1) of the election law, "any person or corporation owning or being interested in any voting machine or system may apply to have the state board of elections examine such machine or system." This bill amends the current law to change this process, by instead allowing any commissioner of the state BOE to solicit requests for new voting machines.
The issue with the current process is that vendors present their most expensive machines for consideration. Shifting the current process to give the BOE the power to solicit requests for machines will cut down costs and encourage a more competitive procurement process.
In addition, the bill amends the election law to provide that all contracts for the purchase of voting machines shall include a require- ment that vendors maintain such machines for at least ten years, instead of the current five years. Ten years is considered to be the useful lifespan of computer equipment and this measure will save local govern- ments a significant amount of money.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.