Enacts the "voting integrity and verification act of New York (VIVA NY)"; provides that each voter 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.
STATE OF NEW YORK
________________________________________________________________________
5934--B
2023-2024 Regular Sessions
IN ASSEMBLY
March 24, 2023
___________
Introduced by M. of A. CUNNINGHAM, ANDERSON, PAULIN, SHIMSKY, BURGOS,
SEPTIMO, CRUZ, DE LOS SANTOS, SAYEGH, CARROLL, EPSTEIN, WOERNER,
STECK, SHRESTHA, THIELE, ARDILA, SIMONE, LEVENBERG, DINOWITZ, JACKSON
-- read once and referred to the Committee on Election Law -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- again reported from said committee with
amendments, ordered reprinted as amended and recommitted to said
committee
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:
1 Section 1. This act shall be known and may be cited as the "voting
2 integrity and verification act of New York (VIVA NY)".
3 § 2. Section 1-104 of the election law is amended by adding two new
4 subdivisions 40 and 41 to read as follows:
5 40. Notwithstanding any other provision of law, the term "nontabulat-
6 ing ballot marking device" means a voting machine that cannot and does
7 not count or transmit votes and does not retain any official record of
8 the voters' selections, but can mark or print voters' selections and
9 have those selections printed on an individual, voter verifiable paper
10 ballot.
11 41. The term "human readable paper ballot" means a paper ballot where
12 all the candidates, ballot proposals and selections that could be tabu-
13 lated are readable without assistance, other than eyeglasses or other
14 standard personal vision enhancing devices.
15 § 3. Subdivision 26 of section 7-104 of the election law, as added by
16 chapter 411 of the laws of 2019, is amended to read as follows:
17 26. All paper ballots of the same kind for the same [polling place]
18 election district shall be identical. Each voter voting in a polling
19 place is entitled to the use of an individual, voter verifiable paper
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10156-04-3
A. 5934--B 2
1 ballot of the voter's vote and the opportunity to mark it privately and
2 independently. For the purposes of this title, the term "individual,
3 voter verifiable paper ballot" means a human readable paper ballot that
4 is either (a) marked by the voter by hand; or (b) marked through the use
5 of a nontabulating ballot marking device. Voters shall have both options
6 in paragraphs (a) and (b) of this subdivision available in every polling
7 place.
8 § 4. Subdivision 3 of section 7-106 of the election law, as amended by
9 chapter 411 of the laws of 2019, is amended to read as follows:
10 3. All paper ballots of the same kind for the same [polling place]
11 election district shall be identical.
12 § 5. This act shall take effect immediately.
