Referred to: The Laws and Rules, Governmental Services Committee (Chairman

Richard Parete and Legislators Archer, Donaldson, Roberts, and Ronk), and The

Ways and Means Committee (Chairman Gerentine and Legislators Bartels, Belfiglio,

Briggs, Maio, Maloney, Provenzano, and Rodriguez)

Chairman John R. Parete offers the following:

WHEREAS, Resolution No. 410 of December 6, 2006 authorized the County

of Ulster to charge back the towns and the City of Kingston for the cost of elections;

and

WHEREAS, the Help America Vote Act, or HAVA, mandated that all states

and localities upgrade many of their election procedures, including their voting

machines, registration processes and poll worker training; and

WHEREAS, the increased costs associated with elections have proven to be a

substantial expense and burden on the local municipalities; and

WHEREAS, the financial burden is expected to escalate, as future costs

associated with repair and/or replacement of the new electronic voting machines

could be cumbersome; and

WHEREAS, pursuant to New York State Election Law, Article 4, Section 4-

136, “…the expenses of providing polling places, voting booths, supplies thereof,

ballot boxes and other furniture for the polling place for any election, including the

storage, transportation and maintenance of voting machines, appliances and

equipment or ballot counting devices, and the compensation of the election officers

in each election district, shall be a charge upon the county in which such election

district is situated…;” and

WHEREAS, New York State Election Law, Article 3, Section 3-226 states

that “All voting machines, and appliances and equipment relating to or used in the

conduct of elections shall be in the care, custody and control of the board of

elections,” and therefore, not the responsibility of the local municipalities; now,

therefore be it

RESOLVED, that Resolution No. 410 of December 6, 2006, which authorized

the County of Ulster to charge back the towns and the City of Kingston for the cost

of elections, is hereby rescinded; and, be it further

- Page 2 -

Resolution No. 224 August 19, 2014

Rescinding Resolution No. 410 Of December 6, 2006 And

Authorizing Ulster County To Pay For The Cost of Election

Expenses Thereby Relieving The Various Municipalities Of

Responsibility For Payment

RESOLVED, that commencing January 1, 2015, the cost of election expenses

shall be borne by Ulster County and not billed to its municipalities; and, be it further

RESOLVED, that any outstanding charges yet to be paid to the County by any

municipality for costs associated with prior elections shall continue to be due and

owing, and shall be paid by the respective municipality; and, be it further

RESOLVED, that the Clerk of the Ulster County Legislature shall send a

certified copy of this resolution to each Town Clerk and to the Mayor and Clerk of

the City of Kingston within ten days after the adoption of this resolution; and, be it

further

RESOLVED, that the Commissioners of the Board of Elections and the

Commissioner of Finance are hereby authorized to take any all steps necessary to

implement this resolution,

and moves its adoption.

DEFEATED BY THE FOLLOWING VOTE:

AYES: 7 NOES: 15

(AYES: Legislators Donaldson, Greene, Litts,

Lopez, Maloney, John Parete and Richard Parete)

(Absent: Legislator Fabiano)

Defeated in Committee: Ways and Means on July 9, 2014

Petition to Discharge successfully executed on July 15, 2014

FINANCIAL IMPACT:

TO BE DETERMINED ANNUALLY

- Page 3 -

Resolution No. 224 August 19, 2014

Rescinding Resolution No. 410 Of December 6, 2006 And

Authorizing Ulster County To Pay For The Cost of Election

Expenses Thereby Relieving The Various Municipalities Of

Responsibility For Payment

Legislator Donaldson motioned, seconded by Legislator Maloney, to strike the

second RESOLVED, and replace it with the following:

RESOLVED, that commencing January 1, 2015, the cost of election expenses

shall be borne by Ulster County and not billed to its municipalities; and, be it further

RESOLVED, the Ulster County Legislature desires to set a policy to have

the County assume the entire share of HAVA expenses over a three-year,

phased-in implementation; and, be it further

RESOLVED, under this policy, Ulster County shall assume 33% of each

municipality’s total HAVA related expenses in 2016, 66% of the total local cost

in 2017, and 100% of the local cost in 2018; and be it further

MOTION DEFEATED BY THE FOLLOWING VOTE:

AYES: 8 NOES: 14

(AYES: Legislators Donaldson, Greene, Litts, Lopez,

Maloney, John Parete, Richard Parete, and Ronk)

(Absent: Legislator Fabiano)

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

This is to certify that I, the undersigned Clerk of the Legislature of the County of Ulster have compared the

foregoing resolution with the original resolution now on file in the office of said clerk, and which was DEFEATED by said

Legislature on the 19th Day of August, 2014, and that the same is a true and correct transcript of said resolution and of the

whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 20th Day of August

in the year Two Thousand and Fourteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature