NY State Senate Bill 2021-S2853

Senate Bill S2853

2021-2022 Legislative Session

Requires the board of elections or a bipartisan committee to conduct a risk-limiting audit of voter verifiable audit records

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Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Jan 26, 2021	referred to elections

co-Sponsors

2021-S2853 (ACTIVE) - Details

See Assembly Version of this Bill:: A7348
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §9-211, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7144
2019-2020: S2329
2023-2024: S2961, A3738

2021-S2853 (ACTIVE) - Summary

Requires the board of elections or a bipartisan committee appointed by such board to conduct a risk-limiting audit of voter verifiable audit records from voting machines or systems within the jurisdiction of such board.

2021-S2853 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2853

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the election law, in relation to conducting risk-limit-
ing audits

 
PURPOSE:

To require the State Board of Elections (BOE) to improve the reliability
of post-election audits to limit the risk of certifying an incorrect
outcome.

 
SUMMARY OF PROVISIONS:

Election Law 9-211 is amended by requiring the New York State Board of
Elections or a bipartisan committee to conduct a risk-limiting audit of
at least three percent of voter verifiable audit records after
elections. The BOE shall promulgate regulations for the use of risk-lim-
iting audits and such regulations shall make use of statistical methods

and be designed to limit the risk of certifying an incorrect outcome.

 
JUSTIFICATION:

Post-election audits are intended to ensure the accuracy of results by
checking a portion of the paper ballots against electronic vote tallies.
Under current law, three percent of voting machines are audited in every
race. However, this minimal standard is widely recognized to be too lax
to verify results in close elections. The only other method for verify-
ing results in close elections in current law is a full recount.

This bill provides flexibility to the the BOE or a committee appointed
by such board to audit at least three percent to permit the BOE to veri-
fy the outcome of elections with a high degree of reliability and limit-
ed cost. Along with three percent standard, the number of voting records
selected to be audited would be based on a formula determined by the
bipartisan BOE before the election. In elections in which a small margin
separated the apparent winner from the other candidates, more ballots
would be audited; in elections with a wide margin fewer ballots would be
audited.

This method, known as a "risk-limiting audit," has several major bene-
fits. First, it decreases the chances of a candidate being declared the
winner improperly. This both increases voters' confidence in election
results and minimizes the probability of a candidate who should have
lost an election assuming office due to voting machines being hacked, or
otherwise tampered with, or malfunctioning. In addition to increasing
accuracy, risk-limiting audits also improve efficiency by allocating
resources where they are needed to ensure the integrity of the results
and reducing wasteful spending on audits that have little or no chance
of altering the result. Lastly, risk-limiting audits reduce post-elec-
tion partisan fighting by ensuring that the vote tallies are thoroughly
vetted automatically in races where the losing candidate might otherwise
question the results or call for a recount.

 
LEGISLATIVE HISTORY:

2020: S2329A (Kavanagh) - ELECTIONS
2019: S2329A (Kavanagh) - ELECTIONS/REPORTED AND COMMITTED TO FINANCE
2018: S7144 (Kavanagh)/A10241 (Galef) - Elections/ Election Law

 
FISCAL IMPACT ON THE STATE:

Some costs associated with the development and implementation of the
regulations required by this legislation.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one of this act shall take effect on January 1, 2024.

2021-S2853 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2853
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens. KAVANAGH, MAYER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Elections
 
 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

 S. 2853                             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.

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Senate Bill S2853

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Sponsored By

Brian Kavanagh