Authorizes the state board of elections to reject the use of voting machines or systems on the grounds that such machines or systems are not proper, safe, or secure.
Summary
A06196 would amend New York’s Election Law provisions governing the testing and approval of voting machines and voting systems. Under current law, a machine or system that passes the State Board of Elections’ examination and meets statutory requirements may be deemed approved for use. This bill changes that framework by making approval discretionary rather than automatic, and by expressly allowing the State Board to reject a machine or system even if it otherwise meets the technical requirements, if the Board concludes it is not proper, safe, and/or secure.
The bill also applies the same discretionary standard to rescinding approval after a machine or system has already been approved. If the Board later determines a system is not proper, safe, and/or secure, it may rescind approval and prevent future purchases of that type in New York. The bill keeps the existing requirement that approved systems be examined by the State Board or selected testing laboratories, and it retains the prohibition on using unapproved voting machines or systems in elections.
Impact
This bill would give the New York State Board of Elections broader authority over voting machine certification and decertification, expanding its discretion beyond whether a system satisfies the enumerated technical requirements in Election Law section 7-202. It would affect vendors, testing laboratories, local boards of elections, and counties that purchase voting equipment, because approval would no longer be mandatory upon a passing examination and the Board could later withdraw approval based on safety or security concerns. The bill would not change the immediate effective date of the law and would apply to both new approvals and previously approved systems.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the overall sentiment appears to be precautionary and security-focused. The proposal is framed as a safeguard to ensure voting systems are not only technically compliant but also proper, safe, and secure in practice. The caption and operative language suggest support for giving election officials more flexibility to protect election integrity and respond to emerging risks.
Contention
The main point of contention is the shift from objective approval criteria to discretionary authority for the State Board of Elections. Supporters are likely to view this as necessary to address cybersecurity, reliability, and election integrity concerns, while opponents may argue that it creates uncertainty for vendors and local election administrators and could allow the Board to reject systems even after they satisfy statutory standards. Another possible concern is that the bill could be seen as increasing the Board’s power without clearly defining what constitutes “proper, safe, and/or secure,” leaving room for subjective decision-making.
Same As
Authorizes the state board of elections to reject the use of voting machines or systems on the grounds that such machines or systems are not proper, safe, or secure.
Authorizes the state board of elections to reject the use of voting machines or systems on the grounds that such machines or systems are not proper, safe, or secure.
In voting machines, further providing for examination and approval of voting machines by the Secretary of the Commonwealth, for requirements of voting machines and for preparation of voting machines by county election boards.
Requires voting machines or systems to comply with the voluntary voting system guidelines adopted by the United States election assistance commission on December 13, 2005.
AN ACT relating to elections; clarifying the procedure for testing voting machines and electronic voting systems; specifying that tests shall be open to the public; specifying rulemaking authority; removing the presumption of proper preparation of voting machines; and providing for an effective date.
Repeals and adds to existing law to provide for the crime of illegal voting, to provide for the crime of interference with an election, and to provide for the crime of tampering with voting machines or vote tally systems.