Bill Text: NY S02961 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 2961

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 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S02961 Detail]

Download: New_York-2023-S02961-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          2961

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 26, 2023
                                       ___________

        Introduced  by  Sens. KAVANAGH, MAYER -- 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 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  763  of  the  laws  of 2021, is amended to read as
     3  follows:
     4    1. (a) Within fifteen days after each  general  or  special  election,
     5  within thirteen days after every primary election, and within seven days
     6  after  every  village  election conducted by the board of elections, the
     7  board of elections or a bipartisan committee  appointed  by  such  board
     8  shall  conduct  a  risk-limiting audit, which will include a hand-to-eye
     9  review of at least three percent of the voter verifiable  [audit]  paper
    10  records  [from  three  percent  of voting machines or systems within the
    11  jurisdiction of such board. Such audits may be performed manually or via
    12  the use of any automated tool authorized for such use by the state board
    13  of elections which is independent from the voting  system  it  is  being
    14  used  to  audit.  Voting machines or systems shall be selected for audit
    15  through a random, manual process] in  accordance  with  the  regulations
    16  promulgated  pursuant  to paragraph (b) of this subdivision. In addition
    17  to such audit and in accordance with the same procedures  the  board  of
    18  elections  shall    audit  the voter verifiable audit records from three
    19  percent of voting machines or systems within the  jurisdiction  of  such
    20  board.  At  least five days prior to the time fixed for such [selection]
    21  risk-limiting audit process, the board of elections shall send notice by
    22  first class mail to each candidate, political party and independent body
    23  entitled to have had watchers present  at  the  polls  in  any  election
    24  district  in such board's jurisdiction. Such notice shall state the time
    25  and place fixed for such [random selection process] risk-limiting audit.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07209-01-3

        S. 2961                             2

     1  The audit shall be conducted in the same manner, to the extent  applica-
     2  ble,  as  a canvass of paper ballots. Each candidate, political party or
     3  independent body entitled to appoint watchers to  attend  at  a  polling
     4  place  shall  be  entitled to appoint such number of watchers to observe
     5  the audit.
     6    (b) The state board of elections shall promulgate regulations for  the
     7  implementation of risk-limiting audits required by paragraph (a) of this
     8  subdivision.  The  number of voter verifiable audit records selected for
     9  such audits shall be determined pursuant to such regulations  that  make
    10  use  of statistical methods and are designed to limit the risk of certi-
    11  fying an incorrect outcome, but shall be at least three percent  of  all
    12  ballots cast.
    13    (c) As used in this section: (i) "Risk-limiting audit" means a post-e-
    14  lection  process  such  that,  if the reported outcome of the contest is
    15  incorrect, there is at least a ninety   percent chance  that  the  audit
    16  will  replace  the  incorrect outcome with the correct outcome as deter-
    17  mined by a full, hand-to-eye tabulation of all  votes  validly  cast  in
    18  that election contest that ascertains voter intent manually and directly
    19  from voter-verifiable paper records.
    20    (ii) "Reported outcome" means the outcome of an election contest which
    21  is  determined  according to the canvass and which will become the offi-
    22  cial, certified outcome unless it is revised by an  audit,  recount,  or
    23  other legal process.
    24    (iii)  "Incorrect  outcome"  means  an  outcome  that differs from the
    25  outcome that would be determined by  a  full  tabulation  of  all  votes
    26  validly  cast in that election contest, determining voter intent manual-
    27  ly, directly from voter-verifiable paper records.
    28    (iv) "Outcome" means the winner or  set  of  winners  of  an  election
    29  contest, which might be candidates or positions.
    30    §  2. County boards of elections are authorized to conduct risk-limit-
    31  ing audit pilots. Any board conducting a pilot audit  shall  notify  the
    32  New York state board of elections. The New York state board of elections
    33  must provide a report to the state legislature on June 30, 2025 with the
    34  findings from the risk-limiting audits conducted through March 31, 2025.
    35    §  3.  This act shall take effect immediately; provided, however, that
    36  section one of this act shall take effect on January 1, 2026.