BILL NUMBER: S8647
SPONSOR: GONZALEZ
 
TITLE OF BILL:
An act to amend the election law, in relation to voting machines and
systems
 
PURPOSE OF BILL:
To codify the 2005 Voluntary Voting System Guidelines (VVSG) as the
required standard for voting machines in New York State to ensure the
continued validity of existing voting equipment.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Election Law Section 7.-200 to require that the State
Board of Elections approve voting systems based on compliance with the
2005 Voluntary Voting System Guidelines (VVSG). This section explicitly
exempts electronic poll books and accessible ballot marking systems from
this specific standard (as they are not core features of the voting
systems, and including these technologies could invalidate their use,
since they did not exist in 2005 when the standards were established).
Section 2 amends Election Law Section 7-201 to require that examination
reports for voting machines confirm compliance with the 2005 guidelines.
Section 3 adds a new subdivision to Election Law Section 7-202 to
mandate that no voting machine or system shall be approved unless it
complies with the 2005 guidelines, while retaining the exemption for
electronic poll books and accessible ballot marking devices.
Section 4 amends Election Law Section 7-206 to require that all testing
of voting machines ensures compliance with the 2005 guidelines.
Section 5 provides the effective date.
 
JUSTIFICATION:
Recent federal executive actions have created uncertainty regarding
voting machine standards. Specifically, the March 2025 Executive Order
issued by the Trump Administration could potentially invalidate the
certification of voting machines currently used across New York State if
the requirements for such machines are indexed to the new standards.
This federal directive imposes new, untested restrictions that clash
with the proven and thus far reliable equipment that local boards of
elections rely upon.
This bill codifies the 2005 Voluntary Voting System Guidelines (VVSG) as
the statutory standard for New York. By locking in the 2005 standards
(which are already in effect by regulation), this bill will ensure that
existing, functional voting machines remain valid for use. This preempts
the federal Executive Order's attempt to force an unnecessary, costly,
and potentially chaotic transition.
Without this legislation, local governments could face a fiscal crisis.
Boards of elections would be forced to retire millions of dollars in
perfectly functional equipment to meet arbitrary new federal rules. This
bill protects local taxpayers from that burden, maintains the current
use of proven/reliable machines for the time being, and ensures continu-
ity in our election administration.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State. This bill prevents significant unanticipated costs
for local boards of elections by avoiding the mandatory replacement of
valid voting systems.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8647: 7-200 election law, 7-200(1) election law, 7-201 election law, 7-201(1) election law, 7-202 election law, 7-206 election law