NY State Senate Bill 2021-S8841A

Senate Bill S8841A

2021-2022 Legislative Session

Relates to recounts of ballots conducted by the board of elections or a bipartisan committee appointed by the board

download bill text pdf

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
Aug 10, 2022	print number 8841a
Aug 10, 2022	amend and recommit to elections
Apr 22, 2022	referred to elections

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S8841 - Details

See Assembly Version of this Bill:: A9454
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §9-208, El L
Versions Introduced in 2023-2024 Legislative Session:: S1014, A1259

2021-S8841 - Summary

Provides that recounts of ballots conducted by the board of elections or a bipartisan committee appointed by the board can be either done manually or via the use of any automated tool authorized for such use by the board of elections, which is independent from the voting system it is being used to recount, of all ballots for a particular contest where the margin of victory is less than or equal to 0.5% but greater than 0.25%; allows for losing candidates to deny a recount before any recount is conducted.

2021-S8841 - Sponsor Memo

                                 
BILL NUMBER: S8841

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the election law, in relation to recounts of ballots
conducted by the board of elections or a bipartisan committee appointed
by the board

 
PURPOSE OR GENERAL IDEA OF BILL:

To make minor changes to the 2020 Election Law reforms regarding auto-
matic recounts to allow for an automated recount in certain circum-
stances and reduces in a de minimis amount the threshold triggering a
manual hand count.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 9-208(4) of the Election Law. This bill
provides that a manual recount occurs when the margin of victory is ten
votes of less or 0.25% or less, while allowing for a recount to be
performed "manually or via the use of any automated tool authorized for

such use by the board of elections, which is independent from the voting
system it is being used to recount" when the margin of error is "less
than or equal to 0.5% but greater than 0.25%."

Section 2 is the effective date.

 
JUSTIFICATION:

These minor adjustments to the "close contest recount" law will allow
our hard-working Boards of Elections to ensure election integrity and
public trust in the process while still allowing them to rely on more
efficient and proven effective technology. Reducing the margins of
victory required for a manual hand count will allow Boards to focus
their resources on races that could have a change in the ultimate
winner, while still providing extra scrutiny to close races via the use
of tested technology. Improving this existing election integrity measure
will reduce the burden on local Boards or Elections and ensure transpar-
ency in the process to the public while achieving the paramount goals of
ensuring every vote counts and the candidate with the most votes is
named winner.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8841 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8841
 
                             I N  S E N A T E
 
                              April 22, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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  recounts  of  ballots
   conducted  by  the  board  of  elections  or  a  bipartisan  committee
   appointed by the board
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section 9-208 of the election law, as
 added by section 1 of part JJ of chapter 55 of  the  laws  of  2020,  is
 amended to read as follows:
   4.  (a)  The board of elections or a bipartisan committee appointed by
 the board shall conduct a full manual  recount  of  all  ballots  for  a
 particular contest:
   i. Where the margin of victory is [twenty] TEN votes or less; or
   ii. Where the margin of victory is [0.5%] 0.25% or less; or
   iii. In a contest where one million or more ballots have been cast and
 the margin of victory is less than 5,000 votes.
   (b)  THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED BY THE
 BOARD SHALL CONDUCT A FULL RECOUNT, MANUALLY OR VIA THE USE OF ANY AUTO-
 MATED TOOL AUTHORIZED FOR SUCH A USE BY THE BOARD OF ELECTIONS, WHICH IS
 INDEPENDENT FROM THE VOTING SYSTEM IT IS BEING USED TO RECOUNT, OF   ALL
 BALLOTS    FOR  A PARTICULAR CONTEST WHERE THE MARGIN OF VICTORY IS LESS
 THAN OR EQUAL TO 0.5% BUT GREATER THAN 0.25%.
   (C) For the purposes of this section, the term margin of victory shall
 mean the margin between all votes cast in the entire  contest  following
 the recanvass of votes.
   [(c)] (D) Where the contest involves portions of two or more counties,
 the  margin  of  victory  shall  be  determined  by  the  state board of
 elections based on the most recent recanvass  results  for  the  contest
 submitted by the boards of elections of the counties involved.
   [(d)]  (E)  The result of the [manual] recount of ballots shall super-
 sede the returns filed by the inspectors of  election  of  the  election
 district in which the canvass was initially made.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14356-02-2

co-Sponsors

2021-S8841A (ACTIVE) - Details

See Assembly Version of this Bill:: A9454
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §9-208, El L
Versions Introduced in 2023-2024 Legislative Session:: S1014, A1259

2021-S8841A (ACTIVE) - Summary

2021-S8841A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8841A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the election law, in relation to recounts of ballots
conducted by the board of elections or a bipartisan committee appointed
by the board

 
PURPOSE OR GENERAL IDEA OF BILL:

To make minor changes to the 2020 Election Law reforms regarding auto-
matic recounts to allow for an automated recount in certain circum-
stances and reduces in a de minimis amount the threshold triggering a
manual hand count.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 9-208(4) of the Election Law. This bill
provides that a manual recount occurs when the margin of victory is ten
votes of less or 0.25% or less, while allowing for a recount to be
performed "manually or via the use of any automated tool authorized for

such use by the board of elections, which is independent from the voting
system it is being used to recount" when the margin of error is "less
than or equal to 0.5% but greater than 0.25%." Moreover, it adds a
subsection f whereby a candidate who is deemed to be losing a contest by
these margins shall have the ability to reject a recount and concede
victory.

Section 2 is the effective date.

 
DIFFERENCE BETWEEN THE ORIGINAL AND AMENDED VERSION:

The amendment adds section 9-208(4) (f).

 
JUSTIFICATION:

These minor adjustments to the "close contest recount" law will allow
our hard-working Boards of Elections to ensure election integrity and
public trust in the process while still allowing them to rely on more
efficient and proven effective technology. Reducing the margins of
victory required for a manual hand count will allow Boards to focus
their resources on races that could have a change in the ultimate
winner, while still providing extra scrutiny to close races via the use
of tested technology. Allowing losing candidates to reject a recount and
concede victory will allow them to make a decision to preserve Board of
Elections resources and taxpayer money when they believe such a recount
would not change the ultimate result. Improving this existing election
integrity measure will reduce the burden on local Boards or Elections
and ensure transparency in the process to the public while achieving the
paramount goals of ensuring every vote counts and the candidate with the
most votes is named winner.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act snail take effect immediately.

2021-S8841A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8841--A
 
                             I N  S E N A T E
 
                              April 22, 2022
                                ___________
 
 Introduced by Sens. COONEY, BROUK -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Elections -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend  the election law, in relation to recounts of ballots
   conducted  by  the  board  of  elections  or  a  bipartisan  committee
   appointed by the board
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 9-208  of  the  election  law,  as
 added  by  section  1  of  part JJ of chapter 55 of the laws of 2020, is
 amended to read as follows:
   4. (a) The board of elections or a bipartisan committee  appointed  by
 the  board  shall  conduct  a  full  manual recount of all ballots for a
 particular contest:
   i. Where the margin of victory is [twenty] TEN votes or less; or
   ii. Where the margin of victory is [0.5%] 0.25% or less; or
   iii. In a contest where one million or more ballots have been cast and
 the margin of victory is less than 5,000 votes.
   (b) THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED BY  THE
 BOARD SHALL CONDUCT A FULL RECOUNT, MANUALLY OR VIA THE USE OF ANY AUTO-
 MATED TOOL AUTHORIZED FOR SUCH A USE BY THE BOARD OF ELECTIONS, WHICH IS
 INDEPENDENT  FROM THE VOTING SYSTEM IT IS BEING USED TO RECOUNT, OF  ALL
 BALLOTS  FOR A PARTICULAR CONTEST WHERE THE MARGIN OF  VICTORY  IS  LESS
 THAN OR EQUAL TO 0.5% BUT GREATER THAN 0.25%.
   (C) For the purposes of this section, the term margin of victory shall
 mean  the  margin between all votes cast in the entire contest following
 the recanvass of votes.
   [(c)] (D) Where the contest involves portions of two or more counties,
 the margin of  victory  shall  be  determined  by  the  state  board  of
 elections  based  on  the  most recent recanvass results for the contest
 submitted by the boards of elections of the counties involved.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14356-04-2
 S. 8841--A                          2

 
   [(d)] (E) The result of the [manual] recount of ballots  shall  super-
 sede  the  returns  filed  by the inspectors of election of the election
 district in which the canvass was initially made.
   (F)  ANY CANDIDATE WHO IS DEEMED TO BE LOSING A CONTEST BY THE MARGINS
 SET FORTH  IN  THIS  SUBDIVISION  SHALL,  PRIOR  TO  ANY  RECOUNT  BEING
 CONDUCTED,  HAVE  THE ABILITY TO REJECT A RECOUNT AND CONCEDE VICTORY OF
 SUCH CONTEST.
   § 2. This act shall take effect immediately.

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Senate Bill S8841A

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Sponsored By

Jeremy A. Cooney

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

Samra G. Brouk

2021-S8841 - Details

2021-S8841 - Summary

2021-S8841 - Sponsor Memo

2021-S8841 - Bill Text download pdf

co-Sponsors

Samra G. Brouk

2021-S8841A (ACTIVE) - Details

2021-S8841A (ACTIVE) - Summary

2021-S8841A (ACTIVE) - Sponsor Memo

2021-S8841A (ACTIVE) - Bill Text download pdf

Comments