FREDERIC M. UMANE PRESIDENT GREGORY C. SOUMAS SECRETARY JOSE MIGUEL ARAUJO NAOMI BARRERA JULIE DENT MARIA R.

GUASTELLA MICHAEL MICHEL SIMON SHAMOUN J.P. SIPP COMMISSIONERS

EXECUTIVE DIRECTOR DAWN SANDOW DEPUTY EXECUTIVE DIRECTOR PAMELA GREEN PERKINS ADMINISTRATIVE MANAGER

BOARD OF ELECTIONS
IN

THE CITY OF NEW YORK EXECUTIVE OFFICE, 32 BROADWAY NEW YORK, NY 100041609 (212) 4875300 FAX (212) 4875349 www.vote.nyc.ny.us

RESOLUTION
WHEREAS, the Board of Elections in the City of New York has noted the challenges presented by the current electoral calendar and the poll site optical scanning system with respect to the 2013 municipal Primary Election and potential Run-off Primary; and WHEREAS, the Board of Elections has recommended modifications to the current statutory scheme that would allow it to conduct said Primary and potential Run-off Primary in an fair, open and orderly manner; and WHEREAS, the Board of Elections had recommended several different statutory modifications to enable the Board to conduct said Primary and potential Run-off Primary this year; and WHEREAS, the Legislature of the State of New York passed a bill, A. 7832-B, on June 20, 2013 authorizing the Board of Elections to use lever voting machines in the 2013 Primary and Run-off Primary Elections; and WHEREAS, by letter dated July 2, 2013, the Board of Elections recommended that the Governor sign A.7832-B into law and included therein a detailed statement of the urgent need for its enactment to enable the Board to conduct the 2013 Primary and potential Run-off in a timely and orderly manner; and WHEREAS, the Governor of the State of New York signed said bill into law on July 8, 2013 as Chapter 99 of the Laws of 2013, and said Chapter is effective as law immediately; and WHEREAS, subparagraph (ii) of paragraph (a) of subdivision (1) of section 7-200 of the Election Law, as added by section 3 of Chapter 99 of the Laws of 2013, provides in pertinent part that: the board of elections in the city of New York is hereby authorized to prepare, deploy and utilize mechanical lever voting machines at any non-federal primary election, conducted pursuant to section 8-100 of this chapter. The

preparation, deployment and utilization of such mechanical lever machines shall only occur after such board of elections determines the use of such mechanical lever machines at such a non-federal primary election is necessary to ensure the timely and orderly administration of the primary election, including but not limited to a timely vote count; and WHEREAS, subparagraph (ii) of paragraph (b) of such subdivision, as added by section 3 of Chapter 99 of the Laws of 2013, provides in pertinent part that: the board of elections in the city of New York is hereby authorized to prepare, deploy and utilize mechanical lever voting machines at any run-off election, conducted pursuant to section 8-100 of this chapter. The preparation, deployment and utilization of such mechanical lever machines shall only occur after such board of elections determines that the preparation, deployment and utilization of optical scanning voting machines approved by the state board of elections, at such run-off election is impracticable given the costs and statutory time constraints associated with the preparation, deployment and utilization of such optical scanning machines; and WHEREAS, paragraph (c) of such subdivision, as added by section 3 of Chapter 99 of the Laws of 2013, provides in pertinent part: Should the board of elections in the city of New York determine to utilize such mechanical lever voting machines pursuant to paragraph (a) or (b) of this subdivision, in any primary or run-off election, pursuant to section 8-100 of this chapter, such determination shall be made on or before July twenty-seventh, two thousand thirteen. Should the chapter of the laws of two thousand thirteen that added this paragraph take effect on a date on or after July seventeenth, two thousand thirteen, then such determination shall be made within ten days after such date. In no event shall such determination be made after August thirty-first, two thousand thirteen; and WHEREAS, there is a distinct possibility that a time-consuming hand count of the paper ballots used in optical scanning machines for one or more contests in the Primary Election would be required and that such a hand count would impede the Board from conducting an orderly Run-off Primary three weeks after the Primary Election, should one be required pursuant to section 8-100 of the Election Law, as amended by Chapter 99 of the Laws of 2013; and WHEREAS, the use of the mechanical lever voting machines in the September 10th Primary Election would significantly expedite the canvass of the votes cast at that Primary and the official Certification of the results, and drastically reduce the number of paper ballots that may have to be hand canvassed in a very close primary, thereby ensuring a timely vote count; and WHEREAS, the preparation, deployment and utilization of optical scanning machines involves a comprehensive process of testing and calibrating each machine before each election that can only be commenced after the names of the candidates who are to appear on the ballot have been finalized; and

WHEREAS, if mechanical lever machines are utilized, the preparation of such lever machines can be commenced well in advance of the Run-off Primary, without having to wait for the names of the candidates who are to appear on the ballot to be finalized; and WHEREAS, in a close Primary Election, if there is any delay in determining the results of such election, there is a substantial risk that the process of preparing, calibrating and testing optical scanning machines for use at a Run-off Primary would not be completed by the date of such Run-Off Primary; and WHEREAS, if mechanical lever machines are utilized in the Primary Election, the added burdens associated with utilizing optical scanning machines at a Run-off Primary three weeks later, including but not limited to operational challenges associated with transportation and storage of two different types of voting machine systems within a three week period, would be substantial; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF ELECTIONS IN THE CITY OF NEW YORK, THAT: (1) The Resolution adopted unanimously by the Board of Elections in the City of New York at a public meeting held on Tuesday, July 9, 2013, in relation to the use of mechanical lever machines at the Primary and potential Run-off Primary Elections, is hereby ratified and restated in whole as amended in this Resolution. (2) The utilization and deployment of mechanical lever voting machines is necessary to ensure the timely and orderly administration of the September 10, 2013 Primary Election, including but not limited to a timely vote count, and the Board will therefore prepare, utilize and deploy mechanical lever voting machines at such Primary Election pursuant to the provisions of Section 3 of Chapter 99 of the Laws of 2013; (3) The preparation, deployment and utilization of optical scanning voting machines at a Run-off Primary on October 1, 2013, should one be required, would be impracticable given the costs and statutory time constraints associated with the preparation, deployment and utilization of such optical scanning machines, and the Board will therefore prepare, utilize and deploy mechanical lever voting machines at such Run-off Primary pursuant to the provisions of Section 3 of Chapter 99 of the Laws of 2013; (4) The basis for the determinations in Sections (2) and (3) of this resolution is further described in the attached letter to the Counsel to the Governor dated July 2, 2013, which is fully incorporated herein; (5) Board staff shall take the necessary steps to comply with the foregoing determinations, including but not limited to: (a) Preparation of training and instructional materials for poll workers; (b) Preparation of instructional materials for the voters; (c) Preparation of the mechanical lever voting machines for use on September 10, 2013 and October 1, 2013;

(d) Preparation for Commissioners' review and approval of procedures required for the preparation, deployment and utilization of said mechanical lever voting machines, in accordance with the provisions of Section 11 of Chapter 99 of the Laws of 2013.

Adopted unanimously by the Commissioners of Elections in the City of New York at their public meeting held on Tuesday, July 16, 2013.