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

New York Senate Bill 2329 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          2329
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 24, 2019
                                       ___________
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
        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 section 515 of the laws  of  2015,  is  amended  to  read  as
     3  follows:
     4    1. (a) Within fifteen days after each general or special election, and
     5  within  seven  days after every primary or village election conducted by
     6  the board of elections, the board of elections or a bipartisan committee
     7  appointed by such board shall conduct a risk-limiting audit of the voter
     8  verifiable audit records from [three percent of] the voting machines  or
     9  systems  within  the  jurisdiction  of such board in accordance with the
    10  regulations promulgated pursuant to paragraph (b) of this section.  Such
    11  audits  may  be  performed manually or via the use of any automated tool
    12  authorized for such use by the state board of elections which  is  inde-
    13  pendent  from  the  voting  system  it  is  being  used to audit. Voting
    14  machines or systems shall be selected for audit through a random, manual
    15  process. At least five days prior to the time fixed for  such  selection
    16  process, the board of elections shall send notice by first class mail to
    17  each  candidate,  political  party and independent body entitled to have
    18  had watchers present at the polls  in  any  election  district  in  such
    19  board's  jurisdiction.  Such notice shall state the time and place fixed
    20  for such random selection process. The audit shall be conducted  in  the
    21  same  manner,  to  the extent applicable, as a canvass of paper ballots.
    22  Each candidate, political party or independent body entitled to  appoint
    23  watchers  to attend at a polling place shall be entitled to appoint such
    24  number of watchers to observe the audit.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02485-01-9

        S. 2329                             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.