S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7348
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 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 conducting  risk-limit-
   ing audits
 
   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 A RISK-LIMITING audit, WHICH WILL  INCLUDE  A  HAND-TO-EYE
 REVIEW  OF  AT LEAST THREE PERCENT OF the voter verifiable [audit] PAPER
 records [from three percent of voting machines  or  systems  within  the
 jurisdiction of such board. 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] IN ACCORDANCE WITH THE REGULATIONS
 PROMULGATED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.  IN  ADDITION
 TO  SUCH  AUDIT  AND IN ACCORDANCE WITH THE SAME PROCEDURES THE BOARD OF
 ELECTIONS SHALL  AUDIT THE VOTER VERIFIABLE  AUDIT  RECORDS  FROM  THREE
 PERCENT  OF  VOTING  MACHINES OR SYSTEMS WITHIN THE JURISDICTION OF SUCH
 BOARD. At least five days prior to the time fixed for  such  [selection]
 RISK-LIMITING AUDIT 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  present  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] RISK-LIMITING AUDIT.
 The  audit shall be conducted in the same manner, to the extent applica-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06244-01-1

 A. 7348                             2
 
 ble, 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
 IMPLEMENTATION OF RISK-LIMITING AUDITS REQUIRED BY PARAGRAPH (A) OF THIS
 SUBDIVISION. 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  CERTI-
 FYING  AN  INCORRECT OUTCOME, BUT SHALL BE AT LEAST THREE PERCENT OF ALL
 BALLOTS CAST.
   (C) AS USED IN THIS SECTION: (I) "RISK-LIMITING AUDIT" MEANS A POST-E-
 LECTION PROCESS SUCH THAT, IF THE REPORTED OUTCOME  OF  THE  CONTEST  IS
 INCORRECT,  THERE  IS  AT LEAST A NINETY   PERCENT CHANCE THAT THE AUDIT
 WILL REPLACE THE INCORRECT OUTCOME WITH THE CORRECT  OUTCOME  AS  DETER-
 MINED  BY  A  FULL,  HAND-TO-EYE TABULATION OF ALL VOTES VALIDLY CAST IN
 THAT ELECTION CONTEST THAT ASCERTAINS VOTER INTENT MANUALLY AND DIRECTLY
 FROM VOTER-VERIFIABLE PAPER RECORDS.
   (II) "REPORTED OUTCOME" MEANS THE OUTCOME OF AN ELECTION CONTEST WHICH
 IS DETERMINED ACCORDING TO THE CANVASS AND WHICH WILL BECOME  THE  OFFI-
 CIAL,  CERTIFIED  OUTCOME  UNLESS IT IS REVISED BY AN AUDIT, RECOUNT, OR
 OTHER LEGAL PROCESS.
   (III) "INCORRECT OUTCOME" MEANS  AN  OUTCOME  THAT  DIFFERS  FROM  THE
 OUTCOME  THAT  WOULD  BE  DETERMINED  BY  A FULL TABULATION OF ALL VOTES
 VALIDLY CAST IN THAT ELECTION CONTEST, DETERMINING VOTER INTENT  MANUAL-
 LY, DIRECTLY FROM VOTER-VERIFIABLE PAPER RECORDS.
   (IV)  "OUTCOME"  MEANS  THE  WINNER  OR  SET OF WINNERS OF AN ELECTION
 CONTEST, WHICH MIGHT BE CANDIDATES OR POSITIONS.
   § 2. County boards of elections are authorized to conduct  risk-limit-
 ing  audit  pilots.  Any board conducting a pilot audit shall notify the
 New York state board of elections. The New York state board of elections
 must provide a report to the state legislature on June 30, 2023 with the
 findings from the risk-limiting audits conducted through March 31, 2023.
   § 3. This act shall take effect immediately; provided,  however,  that
 section one of this act shall take effect on January 1, 2024.