S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10241
 
                           I N  A S S E M B L Y
 
                              March 26, 2018
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
   on Election Law
 
 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:

   Section  1.  Subdivision  1  of  section 9-211 of the election law, as
 amended by section 515 of the laws  of  2015,  is  amended  to  read  as
 follows:
   §  9-211.  Audit  of  voter  verifiable  audit  records. 1. (A) Within
 fifteen days after each general or special election,  and  within  seven
 days  after  every primary or village election conducted by the board of
 elections, the board of elections or a bipartisan committee appointed by
 such board shall CONDUCT A RISK-LIMITING audit OF the  voter  verifiable
 audit  records  from  [three  percent of] THE voting machines or systems
 within the jurisdiction of such board IN ACCORDANCE WITH THE REGULATIONS
 PROMULGATED PURSUANT TO PARAGRAPH (B) OF THIS SECTION. Such  audits  may
 be  performed  manually  or via the use of any automated tool authorized
 for such use by the state board of elections which is  independent  from
 the  voting system it is being used to audit. Voting machines or systems
 shall be selected for audit through a random, manual process.  At  least
 five  days prior to the time fixed for such selection process, the board
 of elections shall send notice by first class mail  to  each  candidate,
 political party and independent body entitled to have had watchers pres-
 ent  at the polls in any election district in such board's jurisdiction.
 Such notice shall state  the  time  and  place  fixed  for  such  random
 selection  process.  The audit shall be conducted in the same manner, to
 the extent applicable, as a canvass of paper  ballots.  Each  candidate,
 political  party  or  independent  body  entitled to appoint watchers to
 attend at a polling place shall be entitled to appoint  such  number  of
 watchers to observe the audit.
   (B)  THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS FOR THE
 USE OF RISK-LIMITING AUDITS REQUIRED BY PARAGRAPH (A) OF  THIS  SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13929-01-7

 A. 10241                            2
 
 THE  NUMBER  OF  VOTER VERIFIABLE AUDIT RECORDS SELECTED FOR SUCH AUDITS
 SHALL BE DETERMINED PURSUANT  TO  SUCH  REGULATIONS  THAT  MAKE  USE  OF
 STATISTICAL  METHODS AND ARE DESIGNED TO LIMIT THE RISK OF CERTIFYING AN
 INCORRECT OUTCOME.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to any election held 180 days or  more
 after  it  shall  have  taken  effect;  provided that the state board of
 elections is authorized to immediately adopt, amend and promulgate  such
 rules  and  regulations  as may be necessary and desirable to effectuate
 the purposes of this act.