S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3357
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. CARROLL, D'URSO, MOSLEY, BLAKE -- Multi-Sponsored
   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 an  automatic
   manual recanvass and audit of votes where the difference between votes
   cast  for  two  candidates that determines a candidate's nomination or
   election to office is less than  one-half  of  one  percent  of  total
   ballots cast
 
   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:
   §  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 IS LESS THAN ONE-HALF OF  ONE
 PERCENT  OF  THE  TOTAL  NUMBER  OF  BALLOTS  CAST  ON WHICH THE CONTEST
 APPEARED, THE BOARD OF ELECTIONS OF EACH COUNTY, OR A BIPARTISAN COMMIT-
 TEE 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 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 PAPER AUDIT RECORDS  ON  WHICH
 THE  CONTEST  APPEARED  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02012-01-9
              

 A. 3357                             2
 
 SECTION  9-110 OF THIS ARTICLE, AS WELL AS OF ANY ABSENTEE AND MILITARY,
 SPECIAL FEDERAL, SPECIAL PRESIDENTIAL AND EMERGENCY BALLOTS.
   3.  BEFORE  MAKING  SUCH  RECANVASS AND AUDIT, THE BOARD OF ELECTIONS,
 WITH RESPECT TO EACH ELECTION DISTRICT TO BE  RECANVASSED  AND  AUDITED,
 SHALL GIVE NOTICE IN WRITING TO THE VOTING MACHINE CUSTODIAN THEREOF, TO
 THE STATE AND COUNTY CHAIR OF EACH PARTY OR INDEPENDENT BODY WHICH SHALL
 HAVE  NOMINATED  CANDIDATES  FOR THE SAID GENERAL OR SPECIAL ELECTION OR
 NOMINATED OR ELECTED CANDIDATES AT THE SAID PRIMARY ELECTION AND TO EACH
 INDIVIDUAL CANDIDATE WHOSE NAME APPEARS ON THE  OFFICE  BALLOT,  OF  THE
 TIME AND PLACE WHERE SUCH CANVASS AND AUDIT IS TO BE MADE; AND THE STATE
 AND  COUNTY  CHAIR  OF EACH SUCH PARTY OR INDEPENDENT BODY AND EACH SUCH
 INDIVIDUAL CANDIDATE MAY SEND A REPRESENTATIVE TO  BE  PRESENT  AT  SUCH
 RECANVASS AND AUDIT.
   4.  IF  UPON  SUCH  RECANVASS  AND  AUDIT  CONDUCTED  PURSUANT TO THIS
 SECTION, IT SHALL BE FOUND THAT THE ORIGINAL CANVASS OF THE  RETURNS  OF
 AN  ELECTION  DISTRICT HAS BEEN INCORRECTLY MADE, A STATEMENT IN WRITING
 SHALL BE PREPARED GIVING THE DETAILS FOR ANY CORRECTIONS MADE  FOR  SUCH
 ELECTION DISTRICT. THE RESULT OF THE RECANVASS AND AUDIT AND SUCH STATE-
 MENT  SHALL BE WITNESSED BY THE PERSONS REQUIRED TO BE PRESENT AND SHALL
 BE FILED WITH THE BOARD OF ELECTIONS.  SUCH RECANVASS AND AUDIT OF VOTES
 MADE PURSUANT HERETO SHALL THEREUPON SUPERSEDE THE RETURNS FILED BY  THE
 INSPECTORS OF ELECTION OF THE ELECTION DISTRICT IN WHICH THE CANVASS WAS
 MADE.
   5.  A  CANDIDATE FOR NOMINATION OR ELECTION TO AN OFFICE FOR WHICH THE
 RECANVASS AND AUDIT IS CONDUCTED PURSUANT TO THIS  SECTION  MAY  CONCEDE
 AND  WAIVE HIS OR HER RIGHT TO THE RECANVASS AND AUDIT BY FILING A WRIT-
 TEN NOTICE OF WAIVER WITH THE BOARD OF ELECTIONS.
   6. WHERE A RECANVASS AND AUDIT IS CONDUCTED PURSUANT TO THIS  SECTION,
 NO  RECANVASS OR AUDIT OF THE SAME CONTEST SHALL BE REQUIRED PURSUANT TO
 ANY OTHER SECTION OF THIS TITLE.
   § 2. This act shall take effect immediately.