NY State Senate Bill 2023-S6708

Current Bill Status - In Senate Committee Elections Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
May 05, 2023	referred to elections

2023-S6708 (ACTIVE) - Details

See Assembly Version of this Bill:: A3993
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §7-201, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A9979
2021-2022: S6211, A829

2023-S6708 (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.

2023-S6708 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6708

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to the examination of
voting machines by the state board of elections

 
PURPOSE OR GENERAL IDEA OF BILL:

To give the State Board of Elections discretion not to certify and to
decertify voting machines and systems, on the grounds that they are not
safe, proper and/or secure.

 
SUMMARY OF SPECIFIC PROVISIONS:

Subdivisions 1 and 3 of section 7-201 of the election law are amended to
eliminate the mandatory certification by the State Board of Elections of
voting machines and systems that meet statutory technical requirements.

 
JUSTIFICATION:

Currently, if voting machines meet the criteria set forth in section
7-202 of election laws, the Board of Elections must certify them for
use. Due to ongoing debates about election security, State Board of
Elections should have discretion to reject the use of voting machines if
they have safety and security concerns. This bill would provide New York
State Board of Elections the authority to certify or decertify electron-
ic voting machines, without penalty, if they find the machines are not
safe or secure, even if they meet section 7-202 criteria. The statutory
requirements we have in place cannot keep pace with technological chang-
es and cyber security threats. This bill will amend the election law to
give the State Board of Elections the necessary flexibility and
discretion to meet these changes and threats, and to protect our
elections.

 
PRIOR LEGISLATIVE HISTORY:

A.829A/S.6211 of 2021-22; passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6708 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6708
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  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
 BOARD,  IN  ITS DISCRETION, MAY REJECT THE USE OF SUCH MACHINE OR SYSTEM
 ON THE GROUND THAT IT IS NOT PROPER,  SAFE  AND/OR  SECURE.  The  voting
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07634-01-3

 S. 6708                             2
 
 machine or system shall be examined by examiners or testing laboratories
 to  be  selected  for such purpose by the state board.  Each examiner or
 laboratory shall receive compensation and expenses for making  an  exam-
 ination  and  report as to each voting machine or system examined by him
 or it. Neither any member of the state board of elections nor any  exam-
 iner  or  owner  or  employee  of any testing laboratory, shall have any
 pecuniary interest in any voting machine or system. Any form  of  voting
 machine or system not so approved, cannot be used at any election.
   3. If at any time after any machine or system has been approved pursu-
 ant  to  the  provisions  of subdivision one or two of this section, the
 state board of elections has any reason to believe that such machine  or
 system does not meet all the requirements for voting machines or systems
 set  forth  in  this  article,  it shall forthwith cause such machine or
 system to be examined again in the manner prescribed by subdivision  one
 of  this  section. If the opinions in the report of such examinations do
 not state that such machine or system can  safely  [and],  properly  AND
 SECURELY  be used by voters at elections under the conditions prescribed
 by this article, the state board of elections  shall  forthwith  rescind
 its  approval  of  such  machine  or system. After the date on which the
 approval of any machine or system is rescinded, no machines  or  systems
 of  such  type  may be purchased for use in this state.  NOTWITHSTANDING
 THAT A MACHINE OR SYSTEM MEETS THE REQUIREMENTS OF SECTION 7-202 OF THIS
 TITLE, THE STATE BOARD, IN ITS DISCRETION, MAY RESCIND ITS  APPROVAL  OF
 SUCH  MACHINE OR SYSTEM ON THE GROUND THAT IT IS NOT PROPER, SAFE AND/OR
 SECURE. The state board of  elections  shall  examine  all  machines  or
 systems  of  such  type which were previously purchased, to determine if
 they may continue to be used in elections in this state.
   § 2. This act shall take effect immediately.

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Senate Bill S6708

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

2023-S6708 (ACTIVE) - Details

2023-S6708 (ACTIVE) - Summary

2023-S6708 (ACTIVE) - Sponsor Memo

2023-S6708 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6708

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Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Elections Committee

2023-S6708 (ACTIVE) - Details

2023-S6708 (ACTIVE) - Summary

2023-S6708 (ACTIVE) - Sponsor Memo

2023-S6708 (ACTIVE) - Bill Text download pdf

Comments