Bill Text: NY A07192 | 2019-2020 | General Assembly | Introduced

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 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A07192 Detail]

Download: New_York-2019-A07192-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     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 [three
     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.