Bill Text: NY S05908 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the audit of voter verifiable audit records; authorizes manual audits or via the use of any automated tool authorized by the state board of elections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-11-20 - SIGNED CHAP.515 [S05908 Detail]

Download: New_York-2015-S05908-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5908
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 11, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the election law, in relation  to  the  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. Section 9-211 of the election law, as added by chapter  181
    2  of the laws of 2005, is amended to read as follows:
    3    S  9-211.  Audit  of voter verifiable audit records. 1. Within fifteen
    4  days after each general or special election, and within seven days after
    5  every primary or village election conducted by the board  of  elections,
    6  the board of elections or a bipartisan committee appointed by such board
    7  shall  [manually]  audit  the  voter verifiable audit records from three
    8  percent of voting machines or systems within the  jurisdiction  of  such
    9  board.    SUCH  AUDITS  MAY  BE PERFORMED MANUALLY OR VIA THE USE OF ANY
   10  AUTOMATED TOOL AUTHORIZED FOR SUCH USE BY THE STATE BOARD  OF  ELECTIONS
   11  WHICH  IS  INDEPENDENT FROM THE VOTING SYSTEM IT IS BEING USED TO AUDIT.
   12  Voting machines or systems shall be selected for audit through a random,
   13  manual process. At least five days prior to  the  time  fixed  for  such
   14  selection  process,  the  board  of elections shall send notice by first
   15  class mail to each candidate, political party and independent body enti-
   16  tled to have had watchers present at the polls in any election  district
   17  in such board's jurisdiction. Such notice shall state the time and place
   18  fixed for such random selection process. The audit shall be conducted in
   19  the  same  manner,  to  the  extent  applicable,  as  a canvass of paper
   20  ballots. Each candidate, political party or independent body entitled to
   21  appoint watchers to attend at a  polling  place  shall  be  entitled  to
   22  appoint such number of watchers to observe the audit.
   23    2.  The [manual] audit tallies for each voting machine or system shall
   24  be compared to the tallies recorded by such voting  machine  or  system,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11049-01-5
       S. 5908                             2
    1  and  a  report  shall be made of such comparison which shall be filed in
    2  the office of the state board of elections.
    3    3.  The state board of elections shall, in accordance with subdivision
    4  four of section 3-100 of this chapter, promulgate regulations establish-
    5  ing a uniform statewide standard to be used by boards  of  elections  to
    6  determine  when a discrepancy between the [manual] audit tallies and the
    7  voting machine or system tallies shall require a further  voter  verifi-
    8  able record audit of additional voting machines or systems or a complete
    9  [manual]  audit  of all machines or systems within the jurisdiction of a
   10  board of elections. Any board of elections shall be empowered  to  order
   11  that  any  such  audit  shall be conducted whenever any such discrepancy
   12  exists.
   13    4. If a complete audit shall be conducted, the results of  such  audit
   14  shall be used by the canvassing board in making the statement of canvass
   15  and  determinations  of  persons  elected  and  propositions rejected or
   16  approved. The results of a partial voter verifiable record  audit  shall
   17  not be used in lieu of voting machine or system tallies.
   18    5.  Notwithstanding  subdivision  four  of  this  section, if a voting
   19  machine or system is found to have failed to record votes  in  a  manner
   20  indicating an operational failure, the board of canvassers shall use the
   21  voter  verifiable  audit  records  to  determine  the votes cast on such
   22  machine or system, provided such records were not also impaired  by  the
   23  operational failure of the voting machine or system.
   24    S 2. This act shall take effect immediately.