Assembly Bill A2778B

2013-2014 Legislative Session

Requires automatic manual recanvass and audit of votes in cases where the difference between votes cast for candidates determines nomination or election

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A2778 - Details

See Senate Version of this Bill:
S4087
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add §9-207, El L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5105
2017-2018: S1392

2013-A2778 - Summary

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.

2013-A2778 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2778

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced  by M. of A. KELLNER -- read once and referred to the Commit-
  tee on Election Law

AN ACT to amend the election law, in relation to requiring an  automatic
  recanvass and manual audit of votes in certain cases where the differ-
  ence  between  votes  cast  for  the top two candidates determines the
  nomination

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The election law is amended by adding a new section 9-207
to read as follows:
  S 9-207. AUTOMATIC RECANVASS AND MANUAL AUDIT OF  VOTES.  1.    WITHIN
FIFTEEN DAYS AFTER EACH GENERAL, SPECIAL OR PRIMARY ELECTION, AND WITHIN
SEVEN  DAYS  AFTER  EVERY VILLAGE ELECTION, WHERE THE DIFFERENCE BETWEEN
THE VOTES CAST FOR THE TOP  TWO  CANDIDATES  FOR  NOMINATION  TO  OFFICE
DETERMINES THE NOMINATION AND IS:
  (A)  IN  THE CASE OF AN ELECTION OTHER THAN A STATEWIDE ELECTION, LESS
THAN ONE-HALF OF ONE PERCENT OF THE TOTAL NUMBER OF  VOTES  COUNTED  FOR
THAT NOMINATION; OR
  (B)  IN  THE CASE OF A STATEWIDE ELECTION, LESS THAN ONE-FOURTH OF ONE
PERCENT OF THE TOTAL NUMBER OF VOTES COUNTED FOR THAT NOMINATION; OR
  (C) TEN VOTES OR LESS,
THE BOARD OF ELECTIONS OF EACH COUNTY, OR A BIPARTISAN COMMITTEE  OF  OR
APPOINTED  BY  SAID BOARD, SHALL MANUALLY RECOUNT THE VOTES CAST IN EACH
ELECTION DISTRICT. NO PERSON WHO WAS A CANDIDATE AT SUCH ELECTION  SHALL
BE APPOINTED TO MEMBERSHIP ON THE COMMITTEE.
  2.  SUCH  BOARD  OF  ELECTIONS OR BIPARTISAN COMMITTEE SHALL CONDUCT A
COMPLETE MANUAL AUDIT OF  VOTER  VERIFIABLE  AUDIT  RECORDS  FROM  EVERY
VOTING  MACHINE  OR  SYSTEM  WITHIN  THE  JURISDICTION  OF SUCH BOARD OR
COMMITTEE.  SAID BOARD OR COMMITTEE SHALL ALSO MAKE A RECANVASS  OF  ANY
ELECTION  DAY  PAPER  BALLOTS  THAT  HAVE NOT BEEN SCANNED AND WERE HAND
COUNTED PURSUANT TO SUBDIVISION TWO OF SECTION 9-110 OF THIS ARTICLE, AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06399-01-3

co-Sponsors

multi-Sponsors

2013-A2778A - Details

See Senate Version of this Bill:
S4087
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add §9-207, El L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5105
2017-2018: S1392

2013-A2778A - Summary

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.

2013-A2778A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2778--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced  by  M.  of  A.  KELLNER,  QUART,  JAFFEE,  BENEDETTO, STECK,
  ROBERTS, COOK, MOYA, MILLMAN, COLTON -- Multi-Sponsored by -- M. of A.
  BRENNAN, GABRYSZAK, RIVERA, WEISENBERG -- read once  and  referred  to
  the  Committee  on Election Law -- 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:

  Section 1. The election law is amended by adding a new  section  9-207
to read as follows:
  S  9-207.  AUTOMATIC  MANUAL  RECANVASS AND AUDIT OF VOTES. 1.  WITHIN
FIFTEEN DAYS AFTER EACH GENERAL, SPECIAL OR PRIMARY ELECTION, AND WITHIN
SEVEN DAYS AFTER EVERY VILLAGE ELECTION, WHERE  THE  DIFFERENCE  BETWEEN
THE  VOTES  CAST FOR TWO CANDIDATES FOR NOMINATION OR ELECTION TO OFFICE
THAT DETERMINES THE NOMINATION OR  ELECTION;  OR  WHERE  THE  DIFFERENCE
BETWEEN THE VOTES CAST FOR AND AGAINST A PROPOSITION IS:
  (A)  IN  THE CASE OF AN ELECTION OTHER THAN A STATEWIDE ELECTION, LESS
THAN ONE-HALF OF ONE PERCENT OF THE TOTAL  NUMBER  OF  BALLOTS  CAST  ON
WHICH THE CONTEST APPEARED; OR
  (B)  IN  THE CASE OF A STATEWIDE ELECTION, LESS THAN ONE-FOURTH OF ONE
PERCENT OF THE TOTAL  NUMBER  OF  BALLOTS  CAST  ON  WHICH  THE  CONTEST
APPEARED; OR
  (C) TEN VOTES OR LESS,
THE  BOARD  OF ELECTIONS OF EACH COUNTY, OR A BIPARTISAN COMMITTEE OF OR
APPOINTED BY SAID BOARD, SHALL MANUALLY RECOUNT THE VOTES CAST  IN  EACH
ELECTION DISTRICT IN WHICH THE CONTEST APPEARED ON THE BALLOT, INCLUDING
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.
                                                           LBD06399-02-3

co-Sponsors

multi-Sponsors

2013-A2778B (ACTIVE) - Details

See Senate Version of this Bill:
S4087
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add §9-207, El L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5105
2017-2018: S1392

2013-A2778B (ACTIVE) - Summary

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.

2013-A2778B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2778--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced  by  M.  of  A.  KELLNER,  QUART,  JAFFEE,  BENEDETTO, STECK,
  ROBERTS, COOK, MOYA, MILLMAN, COLTON -- Multi-Sponsored by -- M. of A.
  BRENNAN, GABRYSZAK, RIVERA, WEISENBERG -- read once  and  referred  to
  the  Committee  on Election Law -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, 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:

  Section 1. The election law is amended by adding a new  section  9-207
to read as follows:
  S  9-207.  AUTOMATIC  MANUAL  RECANVASS AND AUDIT OF VOTES. 1.  WITHIN
FIFTEEN DAYS AFTER EACH GENERAL, SPECIAL OR PRIMARY ELECTION, AND WITHIN
SEVEN DAYS AFTER EVERY VILLAGE ELECTION, WHERE  THE  DIFFERENCE  BETWEEN
THE  VOTES  CAST FOR TWO CANDIDATES FOR NOMINATION OR ELECTION TO OFFICE
THAT DETERMINES THE NOMINATION OR  ELECTION;  OR  WHERE  THE  DIFFERENCE
BETWEEN THE VOTES CAST FOR AND AGAINST A PROPOSITION IS:
  (A)  IN  THE CASE OF AN ELECTION OTHER THAN A STATEWIDE ELECTION, LESS
THAN ONE-HALF OF ONE PERCENT OF THE TOTAL  NUMBER  OF  BALLOTS  CAST  ON
WHICH THE CONTEST APPEARED; OR
  (B)  IN  THE CASE OF A STATEWIDE ELECTION, LESS THAN ONE-FOURTH OF ONE
PERCENT OF THE TOTAL  NUMBER  OF  BALLOTS  CAST  ON  WHICH  THE  CONTEST
APPEARED; OR
  (C) TEN VOTES OR LESS,
THE  BOARD  OF ELECTIONS OF EACH COUNTY, OR A BIPARTISAN COMMITTEE OF OR
APPOINTED BY SAID BOARD, SHALL MANUALLY RECOUNT THE VOTES CAST  IN  EACH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06399-04-3

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