STATE OF NEW YORK
2019-2020 Regular Sessions
April 11, 2019
Introduced 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 the board of
elections or a bipartisan committee to conduct a risk-limiting audit
of voter verifiable audit records
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 of section 9-211 of the election law, as
2 amended by chapter 5 of the laws of 2019, is amended to read as follows:
3 1. (a) Within fifteen days after each general or special election,
4 within thirteen days after every primary election, and within seven days
5 after every village election conducted by the board of elections, the
6 board of elections or a bipartisan committee appointed by such board
7 shall conduct an audit of the voter verifiable audit records from [
8 percent of] the voting machines or risk-limiting systems within the
9 jurisdiction of such board in accordance with the regulations promulgat-
10 ed pursuant to paragraph (b) of this section. Such audits may be
11 performed manually or via the use of any automated tool authorized for
12 such use by the state board of elections which is independent from the
13 voting system it is being used to audit. Voting machines or systems
14 shall be selected for audit through a random, manual process. At least
15 five days prior to the time fixed for such selection process, the board
16 of elections shall send notice by first class mail to each candidate,
17 political party and independent body entitled to have had watchers pres-
18 ent at the polls in any election district in such board's jurisdiction.
19 Such notice shall state the time and place fixed for such random
20 selection process. The audit shall be conducted in the same manner, to
21 the extent applicable, as a canvass of paper ballots. Each candidate,
22 political party or independent body entitled to appoint watchers to
23 attend at a polling place shall be entitled to appoint such number of
24 watchers to observe the audit.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 7192 2
1 (b) The state board of elections shall promulgate regulations for the
2 use of risk-limiting audits required by paragraph (a) of this section.
3 The number of voter verifiable audit records selected for such audits
4 shall be determined pursuant to such regulations that make use of
5 statistical methods and are designed to limit the risk of certifying an
6 incorrect outcome.
7 § 2. This act shall take effect on the ninetieth day after it shall
8 have become a law and shall apply to any election held 180 days or more
9 after it shall have taken effect; provided that the state board of
10 elections is authorized to immediately adopt, amend and promulgate such
11 rules and regulations as may be necessary and desirable to effectuate
12 the purposes of this act.