BILL NUMBER: S5158
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:
S6708 Comrie/ A3993 Carroll of 2023-24; referred to election law
A.829A/S.6211 of 2021-22; passed Senate
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall-take effect immediately.