Bill Text: NY A01668 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to recounts of election votes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to election law [A01668 Detail]
Download: New_York-2019-A01668-Introduced.html
Bill Title: Relates to recounts of election votes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to election law [A01668 Detail]
Download: New_York-2019-A01668-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1668 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 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 recanvass provided for by subdivision one of 4 this section, and prior to the certification of the final vote count of 5 any general, special or primary election, an additional recanvass of all 6 votes cast in the election shall be conducted by the board of elections 7 or 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 recanvass shall be paid by the jurisdiction conducting the 14 recanvass. 15 (b) A losing candidate requests a recanvass 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 recanvassed first and may waive the balance of the recanvass after 20 these precincts have been counted. 21 (ii) The recanvass shall be completed within five days of the filing 22 of request for recanvass. If the recanvass is conducted in two stages, 23 as provided in subparagraph (i) of this paragraph, the recanvass shall 24 be completed within five days of the second stage. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05241-01-9A. 1668 2 1 (iii) Such recanvass shall be conducted at the requesting candidate's 2 expense and the requesting candidate shall file with the jurisdiction 3 conducting the recanvass a bond, cash, or surety in an amount set by the 4 jurisdiction conducting the recanvass for the payment of the recanvass 5 expenses; provided, however, that if upon the recanvass, the requesting 6 candidate is found to be the winner of the race, the cost of the recan- 7 vass shall be paid by the jurisdiction conducting the recanvass. 8 (c) Upon the original recanvass of the results of a referendum or 9 proposition, and prior to the certification of the final vote count, any 10 voter eligible to vote on the ballot question, in a county, school 11 district or municipal election may initiate a recanvass of the paper 12 ballots upon either the following conditions: 13 (i) The difference between the approval votes and the disapproval 14 votes on a question is less than one-half of one percent of the total 15 number of votes cast. Such recanvass shall be conducted at the expense 16 of the jurisdiction conducting the recanvass. 17 (ii) The difference between the approval votes and the disapproval 18 votes on a question is more than one-half of one percent of the total 19 number of votes cast. The requesting voter shall file for a recanvass by 20 submitting a petition including signatures from twenty-five voters 21 eligible to have voted on the referendum or proposition. Such recanvass 22 shall be conducted at the expense of the requesting voter and the 23 requesting voter shall file with the jurisdiction conducting the recan- 24 vass a bond, cash, or surety in an amount set by the jurisdiction 25 conducting the recanvass for the payment of the recanvass expenses; 26 provided, however, that if upon the recanvass, the voting results on the 27 referendum or proposition are reversed the cost of the recanvass shall 28 be paid by the jurisdiction conducting the recanvass. 29 (d) A request for a recanvass pursuant to the terms of this subdivi- 30 sion shall be made within five days of the completion of the original 31 recanvass. 32 § 2. This act shall take effect immediately and shall apply to 33 elections conducted on or after such effective date. Effective imme- 34 diately, the addition, amendment and/or repeal of any rule or regulation 35 necessary for the implementation of this act on its effective date are 36 authorized to be made and completed on or before such effective date.