S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7192
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2019
                                ___________
 
 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 chapter 5 of the laws of 2019, is amended to read as follows:
   1. (A) Within fifteen days after each  general  or  special  election,
 within thirteen days after every primary election, and within seven days
 after  every  village  election conducted by the board of elections, the
 board of elections or a bipartisan committee  appointed  by  such  board
 shall CONDUCT AN audit OF the voter verifiable audit records from [three
 percent  of]  THE  voting  machines  or RISK-LIMITING systems within the
 jurisdiction of such board IN ACCORDANCE WITH THE REGULATIONS PROMULGAT-
 ED 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02485-02-9

 A. 7192                             2
 
   (B)  THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS FOR THE
 USE OF RISK-LIMITING AUDITS REQUIRED BY PARAGRAPH (A) OF  THIS  SECTION.
 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.