Bill Text: NY A08449 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to requests for proposals for voting machines and contracts for the purchase of voting machines or systems.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2019-07-08 - referred to election law [A08449 Detail]

Download: New_York-2019-A08449-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      July 8, 2019

        Introduced  by  M.  of  A. PAULIN, BLAKE, ABINANTI, GOTTFRIED, PICHARDO,
          REYES, RIVERA, MONTESANO -- Multi-Sponsored by -- M. of A. BUCHWALD --
          read once and referred to the Committee on Election Law

        AN ACT to amend the election law, in relation to requests for  proposals
          for  voting  machines and contracts for purchase of voting machines or

          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 7-201 of the election law, as
     2  amended by chapter 181 of the laws  of  2005,  is  amended  to  read  as
     3  follows:
     4    1. [Any person or corporation owning or being interested in any voting
     5  machine or system may apply to have] Any commissioner of the state board
     6  of  elections  [examine such machine or system] may solicit requests for
     7  proposals for voting machines or systems to be certified by  such  board
     8  for  use  in  New  York  state.  [Such  applicant] All such requests for
     9  proposals shall contain a provision stating that any  person  or  entity
    10  submitting  a  proposal shall pay to the board before the examination of
    11  such proposed voting machine or system, a fee equal to the cost of [such
    12  examination] examining such voting machine or system. The state board of
    13  elections shall cause the machine or system to be examined and a  report
    14  of  the  examination  to  be  made  and filed in the office of the state
    15  board. Such examination shall include a determination as to whether  the
    16  machine  or system meets the requirements of section 7-202 of this title
    17  and a thorough review and testing  of  any  electronic  or  computerized
    18  features of the machine or system. Such report shall state an opinion as
    19  to  whether  the  kind  of  machine or system so examined can safely and
    20  properly be used by voters and local boards of elections  at  elections,
    21  under  the conditions prescribed in this article and the requirements of
    22  the federal Help America Vote Act. If the report states that the machine
    23  or system can be so used, and the board after  its  own  examination  so

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8449                             2

     1  determines, in accordance with subdivision four of section 3-100 of this
     2  chapter, the machine or system shall be deemed approved, and machines or
     3  systems  of  its  kind  may  be  adopted  for use at elections as herein
     4  provided. The voting machine or system shall be examined by examiners or
     5  testing laboratories to be selected for such purpose by the state board.
     6  Each  examiner or laboratory shall receive compensation and expenses for
     7  making an examination and report as to each  voting  machine  or  system
     8  examined  by  him  or  it.  Neither  any  member  of  the state board of
     9  elections nor any examiner or owner or employee of any testing laborato-
    10  ry, shall have any pecuniary interest in any voting machine  or  system.
    11  Any  form of voting machine or system not so approved, cannot be used at
    12  any election.
    13    § 2. Subdivisions 1 and 2 of section 7-204 of  the  election  law,  as
    14  amended  by  chapter  181  of  the  laws of 2005, are amended to read as
    15  follows:
    16    1. All contracts for purchase of voting machines or systems  of  types
    17  approved  by  the  state  board  of  elections shall include, but not be
    18  limited to, requirements that the vendors provide assistance in training
    19  board of elections personnel  in  the  operation  of  such  machines  or
    20  systems  and  any  ancillary equipment, assistance in the conduct of all
    21  elections conducted during the first year in which each such machine  or
    22  system  is  used  and  at least [five] ten years of service for all such
    23  machines or systems and ancillary equipment.
    24    2. All such contracts shall also require the vendor  to  guarantee  in
    25  writing  to  keep such machines and systems in good working order for at
    26  least [five] ten years without additional cost and to perform  satisfac-
    27  torily  its  training  and service obligations under the contract and to
    28  give a sufficient bond conditioned to that effect.
    29    § 3. This act shall take effect immediately.