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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5934--C

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced  by  M.  of A. CUNNINGHAM, ANDERSON, PAULIN, SHIMSKY, BURGOS,
          SEPTIMO,  CRUZ,  DE LOS SANTOS,  SAYEGH,  CARROLL,  EPSTEIN,  WOERNER,
          STECK, SHRESTHA, THIELE, ARDILA, SIMONE, LEVENBERG, DINOWITZ, JACKSON,
          SIMON, McDONALD, TAPIA, BICHOTTE HERMELYN, MAMDANI, CHANDLER-WATERMAN,
          TAYLOR,  JACOBSON,  DAVILA, GALLAGHER -- read once and referred to the
          Committee on Election  Law  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted  to said committee -- recommitted to the
          Committee on Election Law in accordance with Assembly Rule 3,  sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        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 two new
     4  subdivisions 40 and 41 to read as follows:
     5    40. Notwithstanding any other provision of law, the term  "nontabulat-
     6  ing  ballot  marking device" means a voting machine that cannot and does
     7  not count or transmit votes and does not retain any official  record  of
     8  the  voters'  selections,  but  can mark or print voters' selections and
     9  have those selections printed on an individual, voter  verifiable  paper
    10  ballot.
    11    41.  The term "human readable paper ballot" means a paper ballot where
    12  all the candidates, ballot proposals and selections that could be  tabu-
    13  lated  are  readable  without assistance, other than eyeglasses or other
    14  standard personal vision enhancing devices.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10156-11-4
        A. 5934--C                          2

     1    § 3.  Subdivision 26 of section 7-104 of the election law, as added by
     2  chapter 411 of the laws of 2019, is amended to read as follows:
     3    26.  All  paper  ballots of the same kind for the same [polling place]
     4  election district shall be identical. Each voter  voting  in  a  polling
     5  place  is  entitled  to the use of an individual, voter verifiable paper
     6  ballot of the voter's vote and the opportunity to mark it privately  and
     7  independently.    For  the purposes of this title, the term "individual,
     8  voter verifiable paper ballot" means a human readable paper ballot  that
     9  is either (a) marked by the voter by hand; or (b) marked through the use
    10  of a nontabulating ballot marking device. Voters shall have both options
    11  in paragraphs (a) and (b) of this subdivision available in every polling
    12  place.
    13    § 4. Subdivision 3 of section 7-106 of the election law, as amended by
    14  chapter 411 of the laws of 2019, is amended to read as follows:
    15    3.  All  paper  ballots  of the same kind for the same [polling place]
    16  election district shall be identical.
    17    § 5. Voting machines and systems purchased prior to the effective date
    18  of this act may continue to be used and maintained if they are  designed
    19  and constructed to utilize individual, voter-verifiable paper ballots.
    20    § 6. This act shall take effect immediately.