Bill Text: NY S05385 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 5385 (Prior Session Legislation)

Introduced

Bill Title: Relates to the requirement to lock voting machines; requires sealing of removable memory cards or other similar electronic media.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-14 - SUBSTITUTED BY A7453A [S05385 Detail]

Download: New_York-2011-S05385-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5385
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2011
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 requirement to lock
         voting machines
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subdivision  1  of section 3-222 of the election law is
    2  amended to read as follows:
    3    1. Except as hereinafter provided, [voting machines] REMOVABLE  MEMORY
    4  CARDS  OR  OTHER  SIMILAR  ELECTRONIC MEDIA shall remain [locked] SEALED
    5  against [voting for a period of thirty days  or]  REUSE  until  [fifteen
    6  days  before  the  next election, if such machines are needed for use at
    7  such next election] SUCH TIME AS THE INFORMATION STORED  ON  SUCH  MEDIA
    8  HAS  BEEN PRESERVED IN A MANNER CONSISTENT WITH PROCEDURES DEVELOPED AND
    9  DISTRIBUTED BY THE STATE BOARD OF ELECTIONS.  Provided,   however,  that
   10  [a  machine may be unlocked if a discrepancy discovered in the recanvass
   11  of voting machines required by this chapter makes it necessary to  exam-
   12  ine  the  machine  to  determine  if  it  has malfunctioned and provided
   13  further that a machine may be opened] THE  INFORMATION  STORED  ON  SUCH
   14  ELECTRONIC  MEDIA  and  all the data and figures therein MAY BE examined
   15  upon the order of any court or judge of competent jurisdiction or may be
   16  [opened by] EXAMINED AT THE direction of a committee of  the  senate  or
   17  assembly  to  investigate and report upon contested elections of members
   18  of the legislature voted  for  by  the  use  of  [such  machine]  VOTING
   19  MACHINES  UTILIZING SUCH ELECTRONIC MEDIA and such data and such figures
   20  examined by such committee in the presence of  the  officer  having  the
   21  custody of [such machine] VOTING MACHINES AND ELECTRONIC MEDIA.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11346-03-1