S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3738
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee 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  763  of  the  laws  of 2021, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07209-01-3
              

 A. 3738                             2
 
 The audit shall be conducted in the same manner, to the extent  applica-
 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, 2025 with the
 findings from the risk-limiting audits conducted through March 31, 2025.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on January 1, 2026.