Bill Text: NY S02329 | 2019-2020 | General Assembly | Amended


Bill Title: Requires the board of elections or a bipartisan committee appointed by such board to conduct a risk-limiting audit of voter verifiable audit records from voting machines or systems within the jurisdiction of such board.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S02329 Detail]

Download: New_York-2019-S02329-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2329--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 24, 2019
                                       ___________

        Introduced  by  Sens. KAVANAGH, MAYER -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Elections  --
          reported  favorably from said committee and committed to the Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the election law, in relation to conducting  risk-limit-
          ing audits

          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 a risk-limiting audit, which will  include  a  hand-to-eye
     8  review  of  at least three percent of the voter verifiable [audit] paper
     9  records [from three percent of voting machines  or  systems  within  the
    10  jurisdiction of such board. Such audits may be performed manually or via
    11  the use of any automated tool authorized for such use by the state board
    12  of  elections  which  is  independent from the voting system it is being
    13  used to audit. Voting machines or systems shall be  selected  for  audit
    14  through  a  random,  manual  process] in accordance with the regulations
    15  promulgated pursuant to paragraph (b) of this subdivision.  In  addition
    16  to  such  audit  and in accordance with the same procedures the board of
    17  elections shall  audit the voter verifiable  audit  records  from  three
    18  percent  of  voting  machines or systems within the jurisdiction of such
    19  board. At least five days prior to the time fixed for  such  [selection]
    20  risk-limiting audit process, the board of elections shall send notice by
    21  first class mail to each candidate, political party and independent body
    22  entitled  to  have  had  watchers  present  at the polls in any election

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02485-07-9

        S. 2329--A                          2

     1  district in such board's jurisdiction. Such notice shall state the  time
     2  and place fixed for such [random selection process] risk-limiting audit.
     3  The  audit shall be conducted in the same manner, to the extent applica-
     4  ble,  as  a canvass of paper ballots. Each candidate, political party or
     5  independent body entitled to appoint watchers to  attend  at  a  polling
     6  place  shall  be  entitled to appoint such number of watchers to observe
     7  the audit.
     8    (b) The state board of elections shall promulgate regulations for  the
     9  implementation of risk-limiting audits required by paragraph (a) of this
    10  subdivision.  The  number of voter verifiable audit records selected for
    11  such audits shall be determined pursuant to such regulations  that  make
    12  use  of statistical methods and are designed to limit the risk of certi-
    13  fying an incorrect outcome, but shall be at least three percent  of  all
    14  ballots cast.
    15    (c) As used in this section: (i) "Risk-limiting audit" means a post-e-
    16  lection  process  such  that,  if the reported outcome of the contest is
    17  incorrect, there is at least a ninety   percent chance  that  the  audit
    18  will  replace  the  incorrect outcome with the correct outcome as deter-
    19  mined by a full, hand-to-eye tabulation of all  votes  validly  cast  in
    20  that election contest that ascertains voter intent manually and directly
    21  from voter-verifiable paper records.
    22    (ii) "Reported outcome" means the outcome of an election contest which
    23  is  determined  according to the canvass and which will become the offi-
    24  cial, certified outcome unless it is revised by an  audit,  recount,  or
    25  other legal process.
    26    (iii)  "Incorrect  outcome"  means  an  outcome  that differs from the
    27  outcome that would be determined by  a  full  tabulation  of  all  votes
    28  validly  cast in that election contest, determining voter intent manual-
    29  ly, directly from voter-verifiable paper records.
    30    (iv) "Outcome" means the winner or  set  of  winners  of  an  election
    31  contest, which might be candidates or positions.
    32    §  2. County boards of elections are authorized to conduct risk-limit-
    33  ing audit pilots. Any board conducting a pilot audit  shall  notify  the
    34  New York state board of elections. The New York state board of elections
    35  must provide a report to the state legislature on June 30, 2021 with the
    36  findings from the risk-limiting audits conducted through March 31, 2021.
    37    §  3.  This act shall take effect immediately; provided, however, that
    38  section one of this act shall take effect on January 1, 2022.
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