Bill Text: NY A05934 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "voting integrity and verification act of New York (VIVA NY)"; provides that each voter is entitled to the use of an individual, voter verifiable paper ballot of the voter's vote and the opportunity to mark it.

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Introduced) 2024-05-30 - print number 5934c [A05934 Detail]

Download: New_York-2023-A05934-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5934

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Election Law

        AN ACT to amend the election law, in relation to  enacting  the  "voting
          integrity and verification act of New York (VIVA NY)"

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

     1    Section 1. This act shall be known and may be  cited  as  the  "voting
     2  integrity and verification act of New York (VIVA NY)".
     3    §  2.  Section  1-104  of  the election law is amended by adding a new
     4  subdivision 40 to read as follows:
     5    40. Notwithstanding any other provision of law, the term  "nontabulat-
     6  ing  ballot  marking  device or system" means a voting machine or system
     7  that can mark a voter's  selections  on  a  paper  ballot,  but  is  not
     8  intended, designed or constructed to count votes.
     9    § 3.  Subdivision 26 of section 7-104 of the election law, as added by
    10  chapter 411 of the laws of 2019, is amended to read as follows:
    11    26.  All  paper  ballots of the same kind for the same [polling place]
    12  election district shall be identical. Each voter is entitled to the  use
    13  of  an individual, durable, voter verifiable paper ballot of the voter's
    14  vote that shall be privately and independently  marked  in  the  polling
    15  place  and  made  available  for  private and independent inspection and
    16  verification by the voter before the voter's vote is cast  and  counted,
    17  and  provide  for  the  voter's  ability  to privately and independently
    18  change such votes or correct any error before the  ballot  is  cast  and
    19  counted.  For  the  purposes  of this subdivision, the term "individual,
    20  voter verifiable paper ballot" means either (a) a paper ballot marked by
    21  the voter by hand; or (b) a paper ballot marked through  the  use  of  a
    22  nontabulating  ballot  marking  device  or  system; provided that voters
    23  shall have both options available in every polling  place,  and  further
    24  provided  that  machines  purchased  prior to the effective date of this
    25  subdivision that are intended, designed and constructed to  mark,  tabu-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10156-01-3
        A. 5934                             2

     1  late  or mark and tabulate individual voter verifiable paper ballots may
     2  continue to be used.
     3    §  4. Subdivision 3 of section 7-106 of the election law as amended by
     4  chapter 411 of the laws of 2019, is amended to read as follows:
     5    3. All paper ballots of the same kind for  the  same  [polling  place]
     6  election district shall be identical.
     7    § 5. This act shall take effect immediately.