Bill Text: NY A03357 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to requiring an automatic recanvass of ballots in certain election contests.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A03357 Detail]

Download: New_York-2019-A03357-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3357
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. CARROLL, D'URSO, MOSLEY, BLAKE -- Multi-Sponsored
          by  --  M.  of  A. GALEF -- read once and referred to the Committee on
          Election Law
        AN ACT to amend the election law, in relation to requiring an  automatic
          manual recanvass and audit of votes where the difference between votes
          cast  for  two  candidates that determines a candidate's nomination or
          election to office is less than  one-half  of  one  percent  of  total
          ballots cast
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The election law is amended by adding a new  section  9-207
     2  to read as follows:
     3    §  9-207.  Automatic  manual  recanvass and audit of votes. 1.  Within
     4  fifteen days after each general, special or primary election, and within
     5  seven days after every village election, where  the  difference  between
     6  the  votes  cast for two candidates for nomination or election to office
     7  that determines the nomination or election is less than one-half of  one
     8  percent  of  the  total  number  of  ballots  cast  on which the contest
     9  appeared, the board of elections of each county, or a bipartisan commit-
    10  tee of or appointed by said board, shall manually recount the votes cast
    11  in each election district in which the contest appeared on  the  ballot,
    12  including  any  overvotes,  undervotes, blank votes or their equivalent.
    13  No person who was a candidate at such election  shall  be  appointed  to
    14  membership on the committee.
    15    2.  Such  board  of  elections or bipartisan committee shall conduct a
    16  complete manual audit of voter verifiable paper audit records  on  which
    17  the  contest  appeared  from  every  voting machine or system within the
    18  jurisdiction of such board or committee.  Said board or committee  shall
    19  also  make  a  recanvass of any election day paper ballots that have not
    20  been scanned and were  hand  counted  pursuant  to  subdivision  two  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02012-01-9

        A. 3357                             2
     1  section  9-110 of this article, as well as of any absentee and military,
     2  special federal, special presidential and emergency ballots.
     3    3.  Before  making  such  recanvass and audit, the board of elections,
     4  with respect to each election district to be  recanvassed  and  audited,
     5  shall give notice in writing to the voting machine custodian thereof, to
     6  the state and county chair of each party or independent body which shall
     7  have  nominated  candidates  for the said general or special election or
     8  nominated or elected candidates at the said primary election and to each
     9  individual candidate whose name appears on the  office  ballot,  of  the
    10  time and place where such canvass and audit is to be made; and the state
    11  and  county  chair  of each such party or independent body and each such
    12  individual candidate may send a representative to  be  present  at  such
    13  recanvass and audit.
    14    4.  If  upon  such  recanvass  and  audit  conducted  pursuant to this
    15  section, it shall be found that the original canvass of the  returns  of
    16  an  election  district has been incorrectly made, a statement in writing
    17  shall be prepared giving the details for any corrections made  for  such
    18  election district. The result of the recanvass and audit and such state-
    19  ment  shall be witnessed by the persons required to be present and shall
    20  be filed with the board of elections.  Such recanvass and audit of votes
    21  made pursuant hereto shall thereupon supersede the returns filed by  the
    22  inspectors of election of the election district in which the canvass was
    23  made.
    24    5.  A  candidate for nomination or election to an office for which the
    25  recanvass and audit is conducted pursuant to this  section  may  concede
    26  and  waive his or her right to the recanvass and audit by filing a writ-
    27  ten notice of waiver with the board of elections.
    28    6. Where a recanvass and audit is conducted pursuant to this  section,
    29  no  recanvass or audit of the same contest shall be required pursuant to
    30  any other section of this title.
    31    § 2. This act shall take effect immediately.
feedback