Bill Text: NY A01668 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to recounts of election votes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-22 - print number 1668a [A01668 Detail]

Download: New_York-2019-A01668-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1668--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee  on  Election  Law  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the election law, in relation to  recounts  of  election
          votes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 9-208 of the election law is amended  by  adding  a
     2  new subdivision 1-a to read as follows:
     3    1-a. Subsequent to the recount provided for by subdivision one of this
     4  section,  and  prior to the certification of the final vote count of any
     5  general, special or primary election, an additional recount of all votes
     6  cast in the election shall be conducted by the  board  of  elections  or
     7  bipartisan committee under any of the following circumstances:
     8    (a) The difference in ballots cast for the candidates for any position
     9  is  ten or less votes or one-half of one percent of the ballots cast for
    10  such position, whichever shall be greater. The  board  of  elections  or
    11  bipartisan  committee shall count all ballots cast for the race in ques-
    12  tion by hand, including those ballots scanned by a ballot  scanner.  The
    13  cost  of  the  recount  shall be paid by the jurisdiction conducting the
    14  recount.
    15    (b) A losing candidate requests a recount of the votes  cast  for  the
    16  position he or she ran for.
    17    (i) The requesting candidate may provide the county board of elections
    18  or bipartisan committee with a list of up to three precincts that are to
    19  be  recounted first and may waive the balance of the recount after these
    20  precincts have been counted.
    21    (ii) The recount shall be completed within five days of the filing  of
    22  request  for  recount.  If  the  recount  is conducted in two stages, as
    23  provided in subparagraph (i) of this paragraph,  the  recount  shall  be
    24  completed  within  five days of the second stage. The race under recount
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05241-03-9

        A. 1668--A                          2
     1  shall not be certified until the hand count is completed. The  board  of
     2  elections  or  bipartisan committee shall count all ballots cast for the
     3  race in question by hand, including those ballots scanned  by  a  ballot
     4  scanner.
     5    (iii)  Such  recount  shall be conducted at the requesting candidate's
     6  expense and the requesting candidate shall file  with  the  jurisdiction
     7  conducting  the  recount a bond, cash, or surety in an amount set by the
     8  jurisdiction conducting the recount  for  the  payment  of  the  recount
     9  expenses;  provided, however, that the cost of the recount shall be paid
    10  by the jurisdiction conducting the recount if:
    11    (1) upon the recount any  candidate  on  the  ballot  other  than  the
    12  winning candidate is found to be the winner of the race; or
    13    (2)  the  ballot  images  for  the  race under recount differ from the
    14  machine count on one or more ballot boxes. Ballot images shall be posted
    15  on the county board of elections website no later than five  days  after
    16  the election.
    17    (iv) The cost per ballot for the hand count of ballots shall be estab-
    18  lished  and posted by each county board of elections before an election,
    19  with a maximum fee of twenty-five cents per ballot.  If  it  is  not  so
    20  posted,  the  fee  charged  the candidate shall be twenty-five cents per
    21  ballot.
    22    (c) Upon the original recount of the results of a referendum or propo-
    23  sition, and prior to the certification of  the  final  vote  count,  any
    24  voter  eligible  to  vote  on  the  ballot question, in a county, school
    25  district or municipal election may  initiate  a  recount  of  the  paper
    26  ballots upon either the following conditions:
    27    (i)  The  difference  between  the  approval votes and the disapproval
    28  votes on a question is less than one-half of one percent  of  the  total
    29  number  of votes cast. Such recount shall be conducted at the expense of
    30  the jurisdiction conducting the  recount.  The  board  of  elections  or
    31  bipartisan  committee shall count all ballots cast for the race in ques-
    32  tion by hand, including those ballots scanned by a ballot scanner.
    33    (ii) The difference between the approval  votes  and  the  disapproval
    34  votes  on  a  question is more than one-half of one percent of the total
    35  number of votes cast. The requesting voter shall file for a  recount  by
    36  submitting  a  petition  including  signatures  from  twenty-five voters
    37  eligible to have voted on the referendum or  proposition.  Such  recount
    38  shall  be  conducted  at  the  expense  of  the requesting voter and the
    39  requesting voter shall file with the jurisdiction conducting the recount
    40  a bond, cash, or surety in an amount set by the jurisdiction  conducting
    41  the  recount for the payment of the recount expenses; provided, however,
    42  that if upon the recount, the voting results on the referendum or propo-
    43  sition are reversed the cost of the recount shall be paid by the  juris-
    44  diction conducting the recount.
    45    (d)  A request for a recount pursuant to the terms of this subdivision
    46  shall be made within  five  days  of  the  completion  of  the  original
    47  recount.
    48    (e)  Recount  costs  incurred by a jurisdiction shall be reimbursed by
    49  the state.
    50    (f) The candidate, the public and  the  media  shall  receive  advance
    51  notice of the recount, and the recount shall be made public.
    52    (g)  No  person who was a candidate at such election shall participate
    53  in or supervise the recount but may be present to observe as provided by
    54  existing law.
    55    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    56  elections  conducted  on  or  after such effective date. Effective imme-

        A. 1668--A                          3
     1  diately, the addition, amendment and/or repeal of any rule or regulation
     2  necessary for the implementation of this act on its effective  date  are
     3  authorized to be made and completed on or before such effective date.
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