Assembly Approves HAVA and
Other Major Election Reforms

Silver, Wright Call On Senate To Reconstitute Conference Committee Quickly

Assembly Speaker Sheldon Silver, Election Law Committee Chair Keith Wright and Governmental Operations Chair RoAnn Destito announced the Assembly passage today of legislation aimed at ensuring the integrity of New York's electoral process and bringing the state into compliance with the federal "Help America Vote Act" (HAVA) of 2002.

HAVA is designed to help states create a uniform, computerized voter registration list and assist states with establishing standardized electronic voting machines. In order to receive federal funds available under HAVA, each state must design a plan, pass enabling legislation and appropriate state funds to modernize its voting procedures. The process must also include citizen participation and public review to comply with the federal HAVA law.

In addition, HAVA requires that by 2006 New York State must implement both a statewide voter registration database and implement new voting system standards.

"Enacting this legislation gives New York a tremendous opportunity to implement one of the most significant and far-reaching election system reforms in our state's history. We owe it to every person who exercises their constitutional right to have their voice heard to improve our electoral system, to protect our democratic processes and to encourage the broadest possible participation. This package of bills does that," said Silver (D-Manhattan).

"The Assembly Majority has a long history as champions of legislation that encourages voter participation and protects the integrity of our electoral process," said Silver. "Thanks to the tireless efforts of Assembly members Wright and Destito, who are working to ensure the election process truly meets the needs of voters, this legislative package will help ensure trust in that process and that the votes of all eligible citizens can be cast and counted with certainty."

"Enacting HAVA reform into law is something that is long overdue. The Assembly remains committed to providing the voters of this state an electoral system that protects democracy and encourages broad participation," said Wright (D-Harlem). "After holding a series of hearings around the state and working last year through the conference committee with the Senate, I am convinced that these five bills are what New York needs to make the smooth transition towards modernizing the election process. These bills are a comprehensive effort to ensure the integrity of the electoral process. I want to make sure that every vote will be counted and that every voter will have fair access to vote."

"HAVA offers New York State the opportunity to increase voter participation and modernize the voting process," said Destito (D- Utica/Rome). "Reform is long overdue. It's about time we bring 21st century technology to our voters - and ensure the integrity of our elections."

Silver said the goal of the package is to meet federal mandates while ensuring all of New York's voters the opportunity to exercise their constitutionally guaranteed right to vote. By calling for uniform voting machine standards, as well as a voter verifiable paper trail, Silver said New York would avoid the ballot problems uncovered in Florida and Maryland in 2000 and in 2004, respectively.

Out of the five bills that comprise the Assembly's HAVA legislative package, four of the measures were passed today. The passage of A.119 is expected next Monday, January 31.

Voting Machine Standards/Creating A Paper Audit Trail (Wright A.5)

This measure would ban punch ballots, which were the controversial method used in Florida for the 2000 presidential election. It also would require statewide use of a single type of electronic voting machine that would be accessible to all citizens - including persons with disabilities and voters with limited English proficiency. In order to assure voter confidence in the accuracy of how their vote is counted, the machine also would have to be easily audited.

In particular, the bill requires voting machines to produce and retain an anonymous, voter- verifiable paper record, which the voter will review and confirm.

Highlighting media reports last year that spotlighted the vulnerability of the Maryland voter system to tampering, Silver said the integrity of New York's voting process would be ensured through a required automatic, manual audit of three percent of the voting machines to compare the results of the paper count with the results of the electronic count.

Other provisions of the bill would ensure at least one voting machine in each polling place would be fully equipped to accommodate disabled voters with audio-prompt voting features, a hand-held voting interface and a voting attachment for voters with limited mobility.

County Takeover (Wright A.122)

This bill would place voting machines and poll workers under county boards of elections. Silver noted the consolidation of election operations at the county level would ensure elections are run consistently and polling places are adequately staffed with well-trained workers.

Provisions of the bill also would require poll workers be trained and tested annually, using a core curriculum developed by the state Board of Elections and modified to meet local needs. Also established under the bill would be a minimum rate for paying poll workers, with a pro-rated adjustment for primary election workers.

Statewide Voter Registration List (Destito A.121)

This bill would establish a computerized, centralized, interactive statewide voter registration list, with proper privacy protections, to end confusion at the polls, to ensure accurate poll lists so that voters get in and out of the polls quickly and to prevent voter fraud.

Under the measure, four alternative identification requirements for voters who registered by mail after January 1, 2003 would be established. Silver noted the bill would bring New York State into compliance with federal regulations for both new voter identification requirements and the establishment of a statewide voter registration list.

In order to cast a ballot, the voter must meet one of these four alternatives:

1. previously voted in a federal election in New York;
2. provide a current and valid driver's license number or the last four digits of Social Security number;
3. provide a photo ID or a copy of a utility bill, bank statement or other similar document when registering; or,
4. present a photo ID or a utility bill, bank statement or other similar document, when going to vote.

If a voter cannot satisfy any one of the requirements, the voter may still cast a paper affidavit ballot.

Administrative Complaint Procedure (Benjamin A.119)

This bill would provide an administrative procedure through which a voter may make a complaint relating to any violation of Title III of HAVA. The state Board of Elections would be required to act on a complaint within 90 days. Complaints not acted upon would be adjudicated by an independent administrative complaint procedure.

"This bill provides a much-needed process for addressing complaints," said Assemblyman Michael Benjamin (D-Bronx) sponsor of the legislation. "Voters facing problems when they go to vote have gotten short shrift from the current system. Enactment of this legislation means we will finally be better able to protect the rights of all voters."

Poll Site Accessibility (Cahill A.120)

This bill would establish basic guidelines to ensure that persons with disabilities have access to polling sites. Polling places would be required to meet the accessibility standards of the federal Americans with Disabilities Act (ADA).

"Voting is the cornerstone of government participation, and every person is entitled to participate to the fullest extent. We believe that people with disabilities should have equal access to polling places, and any new voting machines purchased in the future should be suitable for that purpose," said Assemblyman Kevin Cahill (D-Kingston), sponsor of the legislation.

Silver said the five bills, which also were passed by the Assembly last year, sought to provide all eligible voters with the opportunity to vote, while taking the necessary steps to ensure implementation of new technology does not expose New York to the type of potential fraud evidenced in Maryland.

"Elections are the lifeblood of our democracy," said Silver. "But they are meaningless without public trust. HAVA offers New York State the opportunity to increase voter participation and modernize the voting process.

"The Assembly remains committed to providing the voters of this state an electoral system that protects democracy and encourages broad participation," said Silver. "In order to access fully the federal resources needed to empower New York's electorate, legislation must be enacted. I look forward to working with the Senate and the governor on this endeavor."