S T A T E   O F   N E W   Y O R K
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                                   6287
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2025
                                ___________
 
 Introduced  by  M. of A. CUNNINGHAM, ANDERSON, PAULIN, SHIMSKY, SEPTIMO,
   CRUZ, DE LOS SANTOS,  SAYEGH,  R. CARROLL,  EPSTEIN,  WOERNER,  STECK,
   SHRESTHA,   SIMONE,   LEVENBERG,   DINOWITZ,  JACKSON,  SIMON,  TAPIA,
   BICHOTTE HERMELYN, MAMDANI, CHANDLER-WATERMAN, TAYLOR, JACOBSON, DAVI-
   LA, GALLAGHER, COLTON -- read once and referred to  the  Committee  on
   Election Law
 
 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:
 
   Section  1.  This  act  shall be known and may be cited as the "voting
 integrity and verification act of New York (VIVA NY)".
   § 2. Section 1-104 of the election law is amended by  adding  two  new
 subdivisions 40 and 41 to read as follows:
   40.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE TERM "NONTABULAT-
 ING BALLOT MARKING DEVICE" MEANS A VOTING MACHINE THAT CANNOT  AND  DOES
 NOT  COUNT  OR TRANSMIT VOTES AND DOES NOT RETAIN ANY OFFICIAL RECORD OF
 THE VOTERS' SELECTIONS, BUT CAN MARK OR  PRINT  VOTERS'  SELECTIONS  AND
 HAVE  THOSE  SELECTIONS PRINTED ON AN INDIVIDUAL, VOTER VERIFIABLE PAPER
 BALLOT.
   41. THE TERM "HUMAN READABLE PAPER BALLOT" MEANS A PAPER BALLOT  WHERE
 ALL  THE CANDIDATES, BALLOT PROPOSALS AND SELECTIONS THAT COULD BE TABU-
 LATED ARE READABLE WITHOUT ASSISTANCE, OTHER THAN  EYEGLASSES  OR  OTHER
 STANDARD PERSONAL VISION ENHANCING DEVICES.
   § 3.  Subdivision 26 of section 7-104 of the election law, as added by
 chapter 411 of the laws of 2019, is amended to read as follows:
   26.  All  paper  ballots of the same kind for the same [polling place]
 ELECTION DISTRICT shall be identical. EACH VOTER  VOTING  IN  A  POLLING
 PLACE  IS  ENTITLED  TO THE USE OF AN INDIVIDUAL, VOTER VERIFIABLE PAPER
 BALLOT OF THE VOTER'S VOTE AND THE OPPORTUNITY TO MARK IT PRIVATELY  AND
 INDEPENDENTLY.    FOR  THE PURPOSES OF THIS TITLE, THE TERM "INDIVIDUAL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04096-01-5
              

 A. 6287                             2
 
 VOTER VERIFIABLE PAPER BALLOT" MEANS A HUMAN READABLE PAPER BALLOT  THAT
 IS EITHER (A) MARKED BY THE VOTER BY HAND; OR (B) MARKED THROUGH THE USE
 OF A NONTABULATING BALLOT MARKING DEVICE. VOTERS SHALL HAVE BOTH OPTIONS
 IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION AVAILABLE IN EVERY POLLING
 PLACE.
   § 4. Subdivision 3 of section 7-106 of the election law, as amended by
 chapter 411 of the laws of 2019, is amended to read as follows:
   3.  All  paper  ballots  of the same kind for the same [polling place]
 ELECTION DISTRICT shall be identical.
   § 5. Voting machines and systems purchased prior to the effective date
 of this act may continue to be used and maintained if they are  designed
 and constructed to utilize individual, voter-verifiable paper ballots.
   § 6. This act shall take effect immediately.