Bill Text: NY S04087 | 2013-2014 | General Assembly | Amended

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Bill Title: Requires an automatic recanvass and audit of votes in certain cases where the difference between votes cast for two candidates, or for and against a proposition, determines nomination or election to office, or a proposition's approval by the voters.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ELECTIONS [S04087 Detail]

Download: New_York-2013-S04087-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4087--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 7, 2013
                                      ___________
       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Elections  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT to amend the election law, in relation to requiring an automatic
         manual recanvass and audit of votes in certain cases where the differ-
         ence between votes cast for two  candidates,  or  for  and  against  a
         proposition,  determines  a  candidate's  nomination  or  election  to
         office, or a proposition's approval by the voters
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The election law is amended by adding a new section 9-207
    2  to read as follows:
    3    S 9-207. AUTOMATIC MANUAL RECANVASS AND AUDIT OF  VOTES.  1.    WITHIN
    4  FIFTEEN DAYS AFTER EACH GENERAL, SPECIAL OR PRIMARY ELECTION, AND WITHIN
    5  SEVEN  DAYS  AFTER  EVERY VILLAGE ELECTION, WHERE THE DIFFERENCE BETWEEN
    6  THE VOTES CAST FOR TWO CANDIDATES FOR NOMINATION OR ELECTION  TO  OFFICE
    7  THAT  DETERMINES  THE  NOMINATION  OR  ELECTION; OR WHERE THE DIFFERENCE
    8  BETWEEN THE VOTES CAST FOR AND AGAINST A PROPOSITION IS:
    9    (A) IN THE CASE OF AN ELECTION OTHER THAN A STATEWIDE  ELECTION,  LESS
   10  THAN  ONE-HALF  OF  ONE  PERCENT  OF THE TOTAL NUMBER OF BALLOTS CAST ON
   11  WHICH THE CONTEST APPEARED; OR
   12    (B) IN THE CASE OF A STATEWIDE ELECTION, LESS THAN ONE-FOURTH  OF  ONE
   13  PERCENT  OF  THE  TOTAL  NUMBER  OF  BALLOTS  CAST  ON WHICH THE CONTEST
   14  APPEARED; OR
   15    (C) TEN VOTES OR LESS,
   16  THE BOARD OF ELECTIONS OF EACH COUNTY, OR A BIPARTISAN COMMITTEE  OF  OR
   17  APPOINTED  BY  SAID BOARD, SHALL MANUALLY RECOUNT THE VOTES CAST IN EACH
   18  ELECTION DISTRICT IN WHICH THE CONTEST APPEARED ON THE BALLOT, INCLUDING
   19  ANY OVERVOTES, UNDERVOTES, BLANK VOTES OR THEIR EQUIVALENT.   NO  PERSON
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06399-05-3
       S. 4087--A                          2
    1  WHO WAS A CANDIDATE AT SUCH ELECTION SHALL BE APPOINTED TO MEMBERSHIP ON
    2  THE COMMITTEE.
    3    2.  SUCH  BOARD  OF  ELECTIONS OR BIPARTISAN COMMITTEE SHALL CONDUCT A
    4  COMPLETE MANUAL AUDIT OF VOTER VERIFIABLE PAPER AUDIT RECORDS  ON  WHICH
    5  THE  CONTEST  APPEARED  FROM  EVERY  VOTING MACHINE OR SYSTEM WITHIN THE
    6  JURISDICTION OF SUCH BOARD OR COMMITTEE.  SAID BOARD OR COMMITTEE  SHALL
    7  ALSO  MAKE  A  RECANVASS OF ANY ELECTION DAY PAPER BALLOTS THAT HAVE NOT
    8  BEEN SCANNED AND WERE  HAND  COUNTED  PURSUANT  TO  SUBDIVISION  TWO  OF
    9  SECTION  9-110 OF THIS ARTICLE, AS WELL AS OF ANY ABSENTEE AND MILITARY,
   10  SPECIAL FEDERAL, SPECIAL PRESIDENTIAL AND EMERGENCY BALLOTS.
   11    3. BEFORE MAKING SUCH RECANVASS AND AUDIT,  THE  BOARD  OF  ELECTIONS,
   12  WITH  RESPECT  TO  EACH ELECTION DISTRICT TO BE RECANVASSED AND AUDITED,
   13  SHALL GIVE NOTICE IN WRITING TO THE VOTING MACHINE CUSTODIAN THEREOF, TO
   14  THE STATE AND COUNTY CHAIR OF EACH PARTY OR INDEPENDENT BODY WHICH SHALL
   15  HAVE NOMINATED CANDIDATES FOR THE SAID GENERAL OR  SPECIAL  ELECTION  OR
   16  NOMINATED OR ELECTED CANDIDATES AT THE SAID PRIMARY ELECTION AND TO EACH
   17  INDIVIDUAL  CANDIDATE  WHOSE  NAME  APPEARS ON THE OFFICE BALLOT, OF THE
   18  TIME AND PLACE WHERE SUCH CANVASS AND AUDIT IS TO BE MADE; AND THE STATE
   19  AND COUNTY CHAIR OF EACH SUCH PARTY OR INDEPENDENT BODY  AND  EACH  SUCH
   20  INDIVIDUAL  CANDIDATE  MAY  SEND  A REPRESENTATIVE TO BE PRESENT AT SUCH
   21  RECANVASS AND AUDIT.
   22    4. IF UPON  SUCH  RECANVASS  AND  AUDIT  CONDUCTED  PURSUANT  TO  THIS
   23  SECTION,  IT  SHALL BE FOUND THAT THE ORIGINAL CANVASS OF THE RETURNS OF
   24  AN ELECTION DISTRICT HAS BEEN INCORRECTLY MADE, A STATEMENT  IN  WRITING
   25  SHALL  BE  PREPARED GIVING THE DETAILS FOR ANY CORRECTIONS MADE FOR SUCH
   26  ELECTION DISTRICT. THE RESULT OF THE RECANVASS AND AUDIT AND SUCH STATE-
   27  MENT SHALL BE WITNESSED BY THE PERSONS REQUIRED TO BE PRESENT AND  SHALL
   28  BE FILED WITH THE BOARD OF ELECTIONS.  SUCH RECANVASS AND AUDIT OF VOTES
   29  MADE  PURSUANT HERETO SHALL THEREUPON SUPERSEDE THE RETURNS FILED BY THE
   30  INSPECTORS OF ELECTION OF THE ELECTION DISTRICT IN WHICH THE CANVASS WAS
   31  MADE.
   32    5. A CANDIDATE FOR NOMINATION OR ELECTION TO AN OFFICE FOR  WHICH  THE
   33  RECANVASS  AND  AUDIT  IS CONDUCTED PURSUANT TO THIS SECTION MAY CONCEDE
   34  AND WAIVE HIS OR HER RIGHT TO THE RECANVASS AND AUDIT BY FILING A  WRIT-
   35  TEN NOTICE OF WAIVER WITH THE BOARD OF ELECTIONS.
   36    6.  WHERE A RECANVASS AND AUDIT IS CONDUCTED PURSUANT TO THIS SECTION,
   37  NO RECANVASS OR AUDIT OF THE SAME CONTEST SHALL BE REQUIRED PURSUANT  TO
   38  ANY OTHER SECTION OF THIS TITLE.
   39    S 2. This act shall take effect immediately.