S T A T E O F N E W Y O R K
________________________________________________________________________
308
2019-2020 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2019
___________
Introduced by Sen. FELDER -- 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 requiring the purchase
of direct recording electronic machines which produce and retain a
voter verified permanent paper record in the city of New York (Part
A); to amend the election law, in relation to mandatory core curric-
ulum; and to amend the election law, in relation to mandatory training
curriculum for election commissioners, key staff of boards of
elections and poll workers (Part B); and to amend the election law, in
relation to establishing mobile operations voting equipment units
(Part C)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to enact the restore faith in voting act. Each
component is wholly contained within a Part identified as Parts A
through C. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act",
when used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in which it
is found. Section four of this act sets forth the general effective date
of this act.
§ 2. Short title. This act shall be known and may be cited as the
"restore faith in voting act".
PART A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02815-01-9
S. 308 2
Section 1. Subdivision 1 of section 7-200 of the election law, as
amended by chapter 181 of the laws of 2005, is amended to read as
follows:
1. [The board of elections of the city of New York and other county]
COUNTY boards of elections may adopt any kind of voting machine or
system approved by the state board of elections, or the use of which has
been specifically authorized by law, AND THE BOARD OF ELECTIONS OF THE
CITY OF NEW YORK SHALL ADOPT ANY DIRECT RECORDING ELECTRONIC MACHINES
WHICH PRODUCE AND RETAIN A VOTER VERIFIED PERMANENT PAPER RECORD
APPROVED BY THE STATE BOARD OF ELECTIONS; and thereupon such voting
machine or system may be used at any or all elections and shall be used
at all general or special elections held by such boards in such city,
town or village and in every contested primary election in the city of
New York and in every contested primary election outside the city of New
York in which there are one thousand or more enrolled voters qualified
to vote. No more than two types of voting machines or systems may be
used by any local board of elections at a single election. ON OR BEFORE
JANUARY FIRST, TWO THOUSAND TWENTY, THE STATE BOARD OF ELECTIONS SHALL
APPROVE DIRECT RECORDING ELECTRONIC MACHINES WHICH PRODUCE AND RETAIN A
VOTER VERIFIED PERMANENT PAPER RECORD FOR THE INITIAL ADOPTION OF SUCH
MACHINES BY THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK. Notwith-
standing the other provisions of this subdivision, any local board of
elections may borrow or lease for use on an experimental basis for a
period of not more than one year each, voting machines or systems of any
type approved by the state board of elections.
§ 2. Subdivision 4 of section 7-202 of the election law, as added by
chapter 181 of the laws of 2005, is amended to read as follows:
4. Local boards of elections which obtain voting machines pursuant to
this chapter may determine to purchase direct recording electronic
machines or optical scan machines in conformance with the requirements
of this chapter; PROVIDED, HOWEVER, THE BOARD OF ELECTIONS OF THE CITY
OF NEW YORK SHALL PURCHASE DIRECT RECORDING ELECTRONIC MACHINES WHICH
PRODUCE AND RETAIN A VOTER VERIFIED PERMANENT PAPER RECORD IN CONFORM-
ANCE WITH THE REQUIREMENTS OF THIS CHAPTER. THE INITIAL COSTS OF
PURCHASING SUCH DIRECT RECORDING ELECTRONIC MACHINES NECESSARY TO BRING
THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK INTO COMPLIANCE WITH
SUBDIVISION ONE OF SECTION 7-200 OF THIS TITLE, AS AMENDED BY A CHAPTER
OF THE LAWS OF TWO THOUSAND NINETEEN, SHALL BE BORNE BY THE STATE.
§ 3. Subdivision 3 of section 7-203 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
3. In the event that the board of elections shall not agree upon, or
the county shall not execute a contract or contracts for the purchase
of, the necessary voting machines, such contract or contracts shall be
awarded, made and executed by the state board of elections, in accord-
ance with subdivision four of section 3-100 of this chapter, on approval
of the attorney general as to form. The expense of making and entering
into such contracts, including the preparation and printing of specifi-
cations, and also all payments for voting machines to be made there-
under, shall be chargeable to the county, except in the city of New York
where such expense shall be chargeable to such city, and it shall be the
duty of the comptroller or other chief fiscal officer of the county or
city, as the case may be, to pay the same upon the certificate of the
officer making such contract, or upon the certificate of the state board
of elections in the event that such contract be made by it; PROVIDED,
HOWEVER, IF SUCH CONTRACT IS FOR THE INITIAL PURCHASE OF DIRECT RECORD-
ING ELECTRONIC MACHINES WHICH PRODUCE AND RETAIN A VOTER VERIFIED PERMA-
S. 308 3
NENT PAPER RECORD TO BRING THE BOARD OF ELECTIONS OF THE CITY OF NEW
YORK INTO COMPLIANCE WITH SUBDIVISION ONE OF SECTION 7-200 OF THIS
TITLE, AS AMENDED BY A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN,
SUCH EXPENSES SHALL BE BORNE BY THE STATE. No provision of any charter
or other law or ordinance governing the purchase of patented articles
shall be deemed to apply to the purchase of voting machines pursuant to
the provisions of this section. Nothing in this section shall be
construed to prevent the state board of elections from distributing
voting machines to boards of elections pursuant to other provisions of
this chapter without charge.
§ 4. This act shall take effect immediately.
PART B
Section 1. Subdivision 1-a of section 3-412 of the election law, as
added by chapter 181 of the laws of 2005, is amended to read as follows:
1-a. The state board of elections shall establish a mandatory core
curriculum for poll worker training which includes the requirements in
subdivision two of this section, [as amended by a chapter of the laws of
2005,] and the rights of voters at the polls and obligation of election
workers to protect those rights while maintaining the integrity of the
franchise, including [assisting] ACCOMMODATING voters with disabilities
or with limited or no proficiency in the English language, handling,
processing and entitlement to ballots, including affidavit and emergency
ballots, proper identification requirements, procedures to be followed
with respect to voters whose names are not on the list of registered
voters or whose identities have not been verified, electioneering and
other violations of the elective franchise as defined in this chapter,
solicitation by individuals and groups at the polling place and proce-
dures to be followed after the polls close. SUCH CORE CURRICULUM ALSO
SHALL INCLUDE SPECIFIC TRAINING IN THE PROPER OPERATION OF VOTING
SYSTEMS USED IN THE ELECTION; PROCEDURES FOR EXPEDITIOUSLY PROVIDING
DIRECTIONS TO VOTERS ABOUT THEIR ASSIGNED ELECTION DISTRICT; ENSURING
POLLING SITES ARE ACCESSIBLE TO VOTERS WITH DISABILITIES OR OTHER
SPECIFIC NEEDS; PROVIDING ACCOMMODATION TO PERSONS WHO ARE ILLITERATE;
THE REQUIREMENTS FOR CONDUCTING SIGNATURE VERIFICATION OF VOTERS; THE
REQUIREMENTS FOR INDIVIDUALS SEEKING TO CHALLENGE VOTER ELIGIBILITY AND
THE PROCESS FOR HANDLING ANY SUCH CHALLENGES; AND SECURITY PROCEDURES
FOR THE ELECTION. Each board of elections shall augment the core curric-
ulum with local procedures not inconsistent with the core curriculum
adopted by the state board of elections and which includes procedures
relating to proper operation of, and remedying problems with, the voting
machine or system in use in that jurisdiction. EACH BOARD OF ELECTIONS
SHALL ALSO DEVELOP AND IMPLEMENT PROCEDURES TO ASSIST IN THE RECRUITING
OF NEW POLL WORKERS.
§ 2. The election law is amended by adding a new section 3-213 to read
as follows:
§ 3-213. BOARDS OF ELECTIONS; MANDATORY TRAINING CURRICULUM. 1.
ELECTION COMMISSIONERS AND SUCH OTHER BOARD OF ELECTIONS EMPLOYEES AS
DETERMINED BY THE STATE BOARD OF ELECTIONS SHALL WITHIN SIX MONTHS AFTER
THEIR FIRST APPOINTMENT COMPLETE A COURSE OF INSTRUCTION ON THE OPERA-
TION OF A BOARD OF ELECTIONS WHICH SHALL BE PROVIDED BY THE STATE BOARD
OF ELECTIONS. THE CURRICULUM SHALL BE ESTABLISHED BY THE STATE BOARD OF
ELECTIONS IN CONSULTATION WITH ELECTION COMMISSIONERS AND SHALL NOT
EXCEED THIRTY HOURS OF INSTRUCTION.
S. 308 4
2. ANNUALLY, ELECTION COMMISSIONERS AND OTHER BOARD OF ELECTIONS
EMPLOYEES AS DETERMINED BY THE STATE BOARD OF ELECTIONS, SHALL COMPLETE
BEFORE JUNE FIRST A CONTINUING COURSE OF INSTRUCTION ON THE OPERATION OF
A BOARD OF ELECTIONS WHICH SHALL BE PROVIDED BY THE STATE BOARD OF
ELECTIONS. THE CURRICULUM SHALL BE ESTABLISHED BY THE STATE BOARD OF
ELECTIONS IN CONSULTATION WITH THE ELECTION COMMISSIONERS AND SHALL NOT
EXCEED THREE HOURS OF INSTRUCTION.
3. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE TRAINING REQUIRED BY
SUBDIVISION TWO OF THIS SECTION THROUGH, IN ADDITION TO OTHER METHODS IT
MAY CHOOSE, A WEB-BASED RECORDED FORMAT.
4. UPON THE FAILURE OF A COMMISSIONER OR OTHER EMPLOYEE TO COMPLETE
THE INSTRUCTION WITHIN THE TIME REQUIRED BY THIS SECTION, THE STATE
BOARD OF ELECTIONS SHALL SEND A LETTER TO THE COUNTY LEGISLATURE OR CITY
COUNCIL AND THE RESPECTIVE COUNTY PARTY CHAIR OF THE JURISDICTION OF THE
COMMISSIONER STATING THE DELINQUENCY.
§ 3. Section 3-412 of the election law is amended by adding three new
subdivisions 1-b, 1-c and 1-d to read as follows:
1-B. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND HOST AN EDUCA-
TION AND TRAINING INSTITUTE WHICH SHALL BE RESPONSIBLE FOR THE DEVELOP-
MENT AND IMPLEMENTATION OF A STATEWIDE PROGRAM WHEREIN PERSONS CAN
BECOME CERTIFIED POLL WORKER TRAINERS. THIS INSTITUTE SHALL ALSO CREATE
A TRAIN-THE-TRAINER PROGRAM, IN ORDER FOR COUNTY BOARDS OF ELECTIONS TO
IMPLEMENT AN EFFECTIVE TRAINING PROGRAM AT THEIR RESPECTIVE LOCAL LEVEL
OF PROGRAM DELIVERY. THE STATE BOARD'S TRAINERS SHALL INCLUDE IN THE
TRAINER CURRICULUM TO BE DEVELOPED, ATTENTION TO, INTER ALIA, POLL WORK-
ER ABILITY TO SERVE A DIVERSE ELECTORATE WITH COMPLETE CONFIDENCE AND
RESPECT; PROFESSIONALIZING THE DELIVERY OF ALL ELECTION DAY SERVICES;
PROVIDING ASSISTANCE TO VOTERS WITH DISABILITIES AND THOSE WITH LIMITED
ENGLISH LANGUAGE PROFICIENCY, ENSURING THE DIGNITY AND PRIVACY OF SUCH
INDIVIDUALS; AND TO INDIVIDUALS WHO ARE MEMBERS OF RACIAL OR ETHNIC
MINORITIES, COMPLETE FAMILIARITY AND COMFORT WITH ALL VOTING SYSTEMS IN
USE IN POLL SITES, INCLUDING BALLOT MARKING DEVICES OR OTHER
SYSTEMS/SERVICES AVAILABLE TO VOTERS WITH DISABILITIES; AND POLL WORKER
ABILITY TO RECOGNIZE AND RESOLVE A VARIETY OF ISSUES WHICH MAY ARISE IN
POLL SITES. THE STATE BOARD'S TRAINERS AND ALL CERTIFIED POLL WORKER
INSTRUCTORS SHALL UTILIZE INDUSTRY-PROVEN TRAINING TECHNIQUES AIMED AT
ADULT LEARNERS INCLUDING ROLE-BASED TRAINING AND HANDS-ON TRAINING
OPPORTUNITIES USING OFFICIAL ELECTION DAY FORMS AND POLL SITE VOTING
SYSTEMS AND MAY FURTHER INCLUDE A WEB-BASED COMPONENT AND COMPANION
VIDEO.
1-C. COUNTY BOARDS SHALL ENROLL TRAINERS IN THE PROGRAM IN SUCH QUAN-
TITIES TO ENSURE THAT AN ADEQUATE CONTINGENT OF FULLY TRAINED AND CERTI-
FIED POLL WORKER TRAINERS ARE AVAILABLE TO MEET THE TRAINING NEEDS OF
SUCH COUNTY. EACH COUNTY BOARD OF ELECTIONS SHALL ENROLL NOT LESS THAN
TWO PERSONS DESIGNATED BY THE COUNTY BOARD ON A BIPARTISAN BASIS, IN THE
STATE BOARD OF ELECTIONS TRAINING INSTITUTE. CERTIFIED TRAINERS MUST
MAINTAIN THEIR CERTIFICATION BY ATTENDING ONCE EVERY TWO YEARS, A
CONTINUING EDUCATION PROGRAM, TO ENSURE THE PROFESSIONALISM OF THE POLL
WORKER TRAINING AGENDA SET BY THE STATE BOARD OF ELECTIONS. ENROLLEES
WHO HAVE SUCCESSFULLY COMPLETED THE STATE BOARD'S TRAINING PROGRAM AND
BEEN AWARDED A "CERTIFIED POLL WORKER INSTRUCTOR" CERTIFICATE MAY SERVE
AT THE COUNTY BOARD AS A TRAINER OF POLL WORKERS AS WELL AS A TRAINER OF
OTHER BI-PARTISAN DESIGNEES OF THE COUNTY BOARD, HOWEVER THE CONFERRING
OF THE TITLE "CERTIFIED POLL WORKER INSTRUCTOR" MAY BE MADE ONLY BY THE
STATE BOARD OF ELECTIONS.
S. 308 5
1-D. THE STATE BOARD OF ELECTIONS SHALL ADOPT SUCH RULES AND REGU-
LATIONS WHICH MAY BE NECESSARY TO CREATE THE TRAINING INSTITUTE AND
ASSOCIATED CURRICULA PROVIDED FOR IN SUBDIVISIONS ONE-A, ONE-B AND ONE-C
OF THIS SECTION, INCLUDING A PROCESS WHEREBY ATTENDEES WHO SUCCESSFULLY
COMPLETE A STATE BOARD-SPONSORED TRAINING PROGRAM SHALL BE AWARDED A
CERTIFICATE CONFERRING UPON HIM OR HER, THE TITLE OF "CERTIFIED POLL
WORKER INSTRUCTOR".
§ 4. This act shall take effect immediately; provided, however, that
sections two and three of this act shall take effect on the one hundred
eightieth day after it shall have become a law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.
PART C
Section 1. Section 3-302 of the election law is amended by adding a
new subdivision 8 to read as follows:
8. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY, THE BOARD OF
ELECTIONS SHALL ESTABLISH A MOBILE OPERATIONS VOTING EQUIPMENT UNIT FOR
EVERY ONE HUNDRED POLLING PLACES WITHIN SUCH BOARD'S JURISDICTION. EACH
MOBILE OPERATIONS VOTING EQUIPMENT UNIT SHALL INCLUDE AT LEAST TWO
VOTING MACHINE TECHNICIANS WITH THE PROPER TRAINING AND EDUCATION ON THE
PREPARATION, USE, MAINTENANCE AND REPAIR OF VOTING MACHINES AS REQUIRED
BY THIS SECTION. APPOINTMENTS OF VOTING MACHINE TECHNICIANS TO A MOBILE
OPERATIONS VOTING EQUIPMENT UNIT SHALL BE EQUALLY DIVIDED BETWEEN THE
MAJOR POLITICAL PARTIES. SUCH TECHNICIANS SHALL BE DEPLOYED ON ELECTION
DAY BY THE BOARD OF ELECTIONS TO ANY POLLING PLACE WHERE A VOTING
MACHINE IS REPORTED AS MALFUNCTIONING OR INOPERABLE FOR INSPECTION AND
REPAIR OF SUCH MACHINE.
§ 2. This act shall take effect immediately.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgement shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through C of this act shall be
as specifically set forth in the last section of such Parts.