Assembly Bill A829A

2021-2022 Legislative Session

Relates to the examination of voting machines by the state board of elections

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A829 - Details

See Senate Version of this Bill:
S6211
Law Section:
Election Law
Laws Affected:
Amd §7-201, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9979
2023-2024: A3993, S6708

2021-A829 - Summary

Authorizes the state board of elections to reject the use of voting machines or systems on the grounds that such machines or systems are not proper, safe, or secure.

2021-A829 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    829
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Election Law
 
 AN  ACT  to  amend  the  election law, in relation to the examination of
   voting machines by the state board of elections

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1 and 3 of section 7-201 of the election law,
 as amended by chapter 181 of the laws of 2005, are amended  to  read  as
 follows:
   1.  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. Such applicant shall pay to the board before the
 examination a fee equal to the cost of such examination. 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 wheth-
 er the machine or system meets the requirements of section 7-202 of this
 title and a thorough review and testing of any electronic  or  computer-
 ized features of the machine or system. Such report shall state an opin-
 ion  as  to whether the kind of machine or system so examined can safely
 [and], properly, AND SECURELY 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 chapter, the machine or system [shall]  MAY  be
 deemed  approved, and machines or systems of its kind may be adopted for
 use at elections as herein provided.  THE STATE BOARD OF  ELECTIONS,  IN
 ITS DISCRETION, MAY REJECT THE USE OF A MACHINE OR SYSTEM ON THE GROUNDS
 THAT  IT  IS  NOT PROPER, SAFE, OR SECURE EVEN IF SUCH MACHINE OR SYSTEM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-A829A (ACTIVE) - Details

See Senate Version of this Bill:
S6211
Law Section:
Election Law
Laws Affected:
Amd §7-201, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9979
2023-2024: A3993, S6708

2021-A829A (ACTIVE) - Summary

Authorizes the state board of elections to reject the use of voting machines or systems on the grounds that such machines or systems are not proper, safe, or secure.

2021-A829A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  829--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Election  Law  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the election law, in  relation  to  the  examination  of
   voting machines by the state board of elections
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 3 of section 7-201 of the election  law,
 as  amended  by  chapter 181 of the laws of 2005, are amended to read as
 follows:
   1. 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. Such applicant shall pay to the board before the
 examination a fee equal to the cost of such examination. 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 wheth-
 er the machine or system meets the requirements of section 7-202 of this
 title  and  a thorough review and testing of any electronic or computer-
 ized features of the machine or system. Such report shall state an opin-
 ion as to whether the kind of machine or system so examined  can  safely
 [and],  properly,  AND  SECURELY  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 chapter, the machine or system [shall] MAY be
 deemed approved, and machines or systems of its kind may be adopted  for
 use  at elections as herein provided.  NOTWITHSTANDING THAT A MACHINE OR
 SYSTEM MEETS THE REQUIREMENTS OF SECTION 7-202 OF THIS TITLE, THE  STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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