Bill Text: NY A10637 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to recounts of election votes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-10 - referred to election law [A10637 Detail]

Download: New_York-2017-A10637-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          10637
                   IN ASSEMBLY
                                      May 10, 2018
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Election Law
        AN  ACT  to  amend the election law, in relation to recounts of election
          votes
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  9-208 of the election law is amended by adding a
     2  new subdivision 1-a to read as follows:
     3    1-a. Subsequent to the recanvass provided for by  subdivision  one  of
     4  this  section, and prior to the certification of the final vote count of
     5  any general, special or primary election, an additional recanvass of all
     6  votes cast in the election shall be conducted by the board of  elections
     7  or bipartisan committee under any of the following circumstances:
     8    (a) The difference in ballots cast for the candidates for any position
     9  is  ten or less votes or one-half of one percent of the ballots cast for
    10  such position, whichever shall be greater. The  board  of  elections  or
    11  bipartisan  committee shall count all ballots cast for the race in ques-
    12  tion by hand, including those ballots scanned by a ballot  scanner.  The
    13  cost  of  the recanvass shall be paid by the jurisdiction conducting the
    14  recanvass.
    15    (b) A losing candidate requests a recanvass of the votes cast for  the
    16  position he or she ran for.
    17    (i) The requesting candidate may provide the county board of elections
    18  or bipartisan committee with a list of up to three precincts that are to
    19  be  recanvassed  first  and may waive the balance of the recanvass after
    20  these precincts have been counted.
    21    (ii) The recanvass shall be completed within five days of  the  filing
    22  of  request  for recanvass. If the recanvass is conducted in two stages,
    23  as provided in subparagraph (i) of this paragraph, the  recanvass  shall
    24  be completed within five days of the second stage.
    25    (iii)  Such recanvass shall be conducted at the requesting candidate's
    26  expense and the requesting candidate shall file  with  the  jurisdiction
    27  conducting the recanvass a bond, cash, or surety in an amount set by the
    28  jurisdiction  conducting  the recanvass for the payment of the recanvass
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15415-02-8
        A. 10637                            2
     1  expenses; provided, however, that if upon the recanvass, the  requesting
     2  candidate  is found to be the winner of the race, the cost of the recan-
     3  vass shall be paid by the jurisdiction conducting the recanvass.
     4    (c)  Upon  the  original  recanvass  of the results of a referendum or
     5  proposition, and prior to the certification of the final vote count, any
     6  voter eligible to vote on the  ballot  question,  in  a  county,  school
     7  district  or  municipal  election  may initiate a recanvass of the paper
     8  ballots upon either the following conditions:
     9    (i) The difference between the  approval  votes  and  the  disapproval
    10  votes  on  a  question is less than one-half of one percent of the total
    11  number of votes cast. Such recanvass shall be conducted at  the  expense
    12  of the jurisdiction conducting the recanvass.
    13    (ii)  The  difference  between  the approval votes and the disapproval
    14  votes on a question is more than one-half of one percent  of  the  total
    15  number of votes cast. The requesting voter shall file for a recanvass by
    16  submitting  a  petition  including  signatures  from  twenty-five voters
    17  eligible to have voted on the referendum or proposition. Such  recanvass
    18  shall  be  conducted  at  the  expense  of  the requesting voter and the
    19  requesting voter shall file with the jurisdiction conducting the  recan-
    20  vass  a  bond,  cash,  or  surety  in  an amount set by the jurisdiction
    21  conducting the recanvass for the  payment  of  the  recanvass  expenses;
    22  provided, however, that if upon the recanvass, the voting results on the
    23  referendum  or  proposition are reversed the cost of the recanvass shall
    24  be paid by the jurisdiction conducting the recanvass.
    25    (d) A request for a recanvass pursuant to the terms of  this  subdivi-
    26  sion  shall  be  made within five days of the completion of the original
    27  recanvass.
    28    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    29  elections  conducted  on  or  after such effective date. Effective imme-
    30  diately, the addition, amendment and/or repeal of any rule or regulation
    31  necessary for the implementation of this act on its effective  date  are
    32  authorized to be made and completed on or before such effective date.