S T A T E   O F   N E W   Y O R K
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                                   4723
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to  amend the election law, in relation to recounts of election
   votes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  9-208 of the election law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. SUBSEQUENT TO THE RECOUNT PROVIDED FOR BY SUBDIVISION ONE OF THIS
 SECTION, AND PRIOR TO THE CERTIFICATION OF THE FINAL VOTE COUNT  OF  ANY
 GENERAL, SPECIAL OR PRIMARY ELECTION, AN ADDITIONAL RECOUNT OF ALL VOTES
 CAST  IN  THE  ELECTION  SHALL BE CONDUCTED BY THE BOARD OF ELECTIONS OR
 BIPARTISAN COMMITTEE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
   (A) THE DIFFERENCE IN BALLOTS CAST FOR THE CANDIDATES FOR ANY POSITION
 IS TEN OR LESS VOTES OR ONE-HALF OF ONE PERCENT OF THE BALLOTS CAST  FOR
 SUCH  POSITION,  WHICHEVER  SHALL  BE GREATER. THE BOARD OF ELECTIONS OR
 BIPARTISAN COMMITTEE SHALL COUNT ALL BALLOTS CAST FOR THE RACE IN  QUES-
 TION  BY  HAND, INCLUDING THOSE BALLOTS SCANNED BY A BALLOT SCANNER. THE
 COST OF THE RECOUNT SHALL BE PAID BY  THE  JURISDICTION  CONDUCTING  THE
 RECOUNT.
   (B)  A  LOSING  CANDIDATE REQUESTS A RECOUNT OF THE VOTES CAST FOR THE
 POSITION HE OR SHE RAN FOR.
   (I) THE REQUESTING CANDIDATE MAY PROVIDE THE COUNTY BOARD OF ELECTIONS
 OR BIPARTISAN COMMITTEE WITH A LIST OF UP TO THREE PRECINCTS THAT ARE TO
 BE RECOUNTED FIRST AND MAY WAIVE THE BALANCE OF THE RECOUNT AFTER  THESE
 PRECINCTS HAVE BEEN COUNTED.
   (II)  THE RECOUNT SHALL BE COMPLETED WITHIN FIVE DAYS OF THE FILING OF
 REQUEST FOR RECOUNT. IF THE RECOUNT  IS  CONDUCTED  IN  TWO  STAGES,  AS
 PROVIDED  IN  SUBPARAGRAPH  (I)  OF THIS PARAGRAPH, THE RECOUNT SHALL BE
 COMPLETED WITHIN FIVE DAYS OF THE SECOND STAGE. THE RACE  UNDER  RECOUNT
 SHALL  NOT  BE CERTIFIED UNTIL THE HAND COUNT IS COMPLETED. THE BOARD OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09009-01-1

 A. 4723                             2
 
 ELECTIONS OR BIPARTISAN COMMITTEE SHALL COUNT ALL BALLOTS CAST  FOR  THE
 RACE  IN  QUESTION  BY HAND, INCLUDING THOSE BALLOTS SCANNED BY A BALLOT
 SCANNER.
   (III)  SUCH  RECOUNT  SHALL BE CONDUCTED AT THE REQUESTING CANDIDATE'S
 EXPENSE AND THE REQUESTING CANDIDATE SHALL FILE  WITH  THE  JURISDICTION
 CONDUCTING  THE  RECOUNT A BOND, CASH, OR SURETY IN AN AMOUNT SET BY THE
 JURISDICTION CONDUCTING THE RECOUNT  FOR  THE  PAYMENT  OF  THE  RECOUNT
 EXPENSES;  PROVIDED, HOWEVER, THAT THE COST OF THE RECOUNT SHALL BE PAID
 BY THE JURISDICTION CONDUCTING THE RECOUNT IF:
   (1) UPON THE RECOUNT ANY  CANDIDATE  ON  THE  BALLOT  OTHER  THAN  THE
 WINNING CANDIDATE IS FOUND TO BE THE WINNER OF THE RACE; OR
   (2)  THE  BALLOT  IMAGES  FOR  THE  RACE UNDER RECOUNT DIFFER FROM THE
 MACHINE COUNT ON ONE OR MORE BALLOT BOXES. BALLOT IMAGES SHALL BE POSTED
 ON THE COUNTY BOARD OF ELECTIONS WEBSITE NO LATER THAN FIVE  DAYS  AFTER
 THE ELECTION.
   (IV) THE COST PER BALLOT FOR THE HAND COUNT OF BALLOTS SHALL BE ESTAB-
 LISHED  AND POSTED BY EACH COUNTY BOARD OF ELECTIONS BEFORE AN ELECTION,
 WITH A MAXIMUM FEE OF TWENTY-FIVE CENTS PER BALLOT.  IF  IT  IS  NOT  SO
 POSTED,  THE  FEE  CHARGED  THE CANDIDATE SHALL BE TWENTY-FIVE CENTS PER
 BALLOT.
   (C) UPON THE ORIGINAL RECOUNT OF THE RESULTS OF A REFERENDUM OR PROPO-
 SITION, AND PRIOR TO THE CERTIFICATION OF  THE  FINAL  VOTE  COUNT,  ANY
 VOTER  ELIGIBLE  TO  VOTE  ON  THE  BALLOT QUESTION, IN A COUNTY, SCHOOL
 DISTRICT OR MUNICIPAL ELECTION MAY  INITIATE  A  RECOUNT  OF  THE  PAPER
 BALLOTS UPON EITHER THE FOLLOWING CONDITIONS:
   (I)  THE  DIFFERENCE  BETWEEN  THE  APPROVAL VOTES AND THE DISAPPROVAL
 VOTES ON A QUESTION IS LESS THAN ONE-HALF OF ONE PERCENT  OF  THE  TOTAL
 NUMBER  OF VOTES CAST. SUCH RECOUNT SHALL BE CONDUCTED AT THE EXPENSE OF
 THE JURISDICTION CONDUCTING THE  RECOUNT.  THE  BOARD  OF  ELECTIONS  OR
 BIPARTISAN  COMMITTEE SHALL COUNT ALL BALLOTS CAST FOR THE RACE IN QUES-
 TION BY HAND, INCLUDING THOSE BALLOTS SCANNED BY A BALLOT SCANNER.
   (II) THE DIFFERENCE BETWEEN THE APPROVAL  VOTES  AND  THE  DISAPPROVAL
 VOTES  ON  A  QUESTION IS MORE THAN ONE-HALF OF ONE PERCENT OF THE TOTAL
 NUMBER OF VOTES CAST. THE REQUESTING VOTER SHALL FILE FOR A  RECOUNT  BY
 SUBMITTING  A  PETITION  INCLUDING  SIGNATURES  FROM  TWENTY-FIVE VOTERS
 ELIGIBLE TO HAVE VOTED ON THE REFERENDUM OR  PROPOSITION.  SUCH  RECOUNT
 SHALL  BE  CONDUCTED  AT  THE  EXPENSE  OF  THE REQUESTING VOTER AND THE
 REQUESTING VOTER SHALL FILE WITH THE JURISDICTION CONDUCTING THE RECOUNT
 A BOND, CASH, OR SURETY IN AN AMOUNT SET BY THE JURISDICTION  CONDUCTING
 THE  RECOUNT FOR THE PAYMENT OF THE RECOUNT EXPENSES; PROVIDED, HOWEVER,
 THAT IF UPON THE RECOUNT, THE VOTING RESULTS ON THE REFERENDUM OR PROPO-
 SITION ARE REVERSED THE COST OF THE RECOUNT SHALL BE PAID BY THE  JURIS-
 DICTION CONDUCTING THE RECOUNT.
   (D)  A REQUEST FOR A RECOUNT PURSUANT TO THE TERMS OF THIS SUBDIVISION
 SHALL BE MADE WITHIN  FIVE  DAYS  OF  THE  COMPLETION  OF  THE  ORIGINAL
 RECOUNT.
   (E)  RECOUNT  COSTS  INCURRED BY A JURISDICTION SHALL BE REIMBURSED BY
 THE STATE.
   (F) THE CANDIDATE, THE PUBLIC AND  THE  MEDIA  SHALL  RECEIVE  ADVANCE
 NOTICE OF THE RECOUNT, AND THE RECOUNT SHALL BE MADE PUBLIC.
   (G)  NO  PERSON WHO WAS A CANDIDATE AT SUCH ELECTION SHALL PARTICIPATE
 IN OR SUPERVISE THE RECOUNT BUT MAY BE PRESENT TO OBSERVE AS PROVIDED BY
 EXISTING LAW.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 elections  conducted  on  or  after such effective date. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation

 A. 4723                             3
 
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.