Senate Bill S9677

2023-2024 Legislative Session

Enacts the "Count Every Vote Act of New York"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

2023-S9677 - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-208, El L

2023-S9677 - Summary

Enacts the "Count Every Vote Act of New York" which amends the procedure for the recanvass of votes in election districts; defines margin of victory for the purpose of triggering a hand recount of ballots.

2023-S9677 - Sponsor Memo

2023-S9677 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9677
 
                             I N  S E N A T E
 
                               May 17, 2024
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 the margin  of  victory
   in the recanvass of election districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) of 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:
   (b) For the purposes of this section, the term margin of victory shall
 mean  the  [margin between all votes cast in the entire contest] DIFFER-
 ENCE BETWEEN THE NUMBER OF VOTES CAST  FOR  THE  WINNING  CANDIDATE  WHO
 RECEIVED THE FEWEST VOTES AND THE LOSING CANDIDATE WHO RECEIVED THE MOST
 VOTES;  OR  THE  DIFFERENCE  BETWEEN  THE  NUMBER  OF VOTES CAST FOR AND
 AGAINST A BALLOT PROPOSAL following the  recanvass  of  votes.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE MARGIN OF VICTORY PERCENTAGE OF ONE-HALF
 OF ONE PERCENT OR LESS SHALL BE CALCULATED BY  DIVIDING  THE  MARGIN  OF
 VICTORY DEFINED IN THIS PARAGRAPH BY THE TOTAL NUMBER OF BALLOTS CAST ON
 WHICH  THE  CONTEST  APPEARED  AND  THEN MULTIPLYING THE QUOTIENT BY ONE
 HUNDRED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15527-01-4

2023-S9677A (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-208, El L

2023-S9677A (ACTIVE) - Summary

Enacts the "Count Every Vote Act of New York" which amends the procedure for the recanvass of votes in election districts; defines margin of victory for the purpose of triggering a hand recount of ballots.

2023-S9677A (ACTIVE) - Sponsor Memo

2023-S9677A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9677--A
     Cal. No. 1609
 
                             I N  S E N A T E
 
                               May 17, 2024
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged  and  said  bill  committed  to  the  Committee on Rules --
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading

 AN  ACT  to amend the election law, in relation to the procedure for the
   recanvass of votes in election districts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as "The Count
 Every Vote Act of New York".
   § 2. 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, paragraphs (d)
 and (e) as amended by chapter 474 of the laws of  2023,  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]  HAND  recount  of  all  ballots
 [for] CAST ON WHICH a particular contest APPEARED:
   i. Where the margin of victory is twenty votes or less; or
   ii. Where the margin of victory is 0.5% 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) For the purposes of this section, the term margin of victory shall
 mean  the  [margin between all votes cast in the entire contest] DIFFER-
 ENCE BETWEEN THE NUMBER OF VOTES CAST  FOR  THE  WINNING  CANDIDATE  WHO
 RECEIVED THE FEWEST VOTES AND THE LOSING CANDIDATE WHO RECEIVED THE MOST
 VOTES;  OR  THE  DIFFERENCE  BETWEEN  THE  NUMBER  OF VOTES CAST FOR AND
 AGAINST A BALLOT PROPOSAL following the recanvass of votes.
   (c) FOR THE PURPOSES OF THIS SECTION, THE MARGIN OF VICTORY PERCENTAGE
 OF ONE-HALF OF ONE PERCENT (0.5%) OR LESS SHALL BE CALCULATED BY  DIVID-
 ING  THE MARGIN OF VICTORY DEFINED IN  PARAGRAPH (B) OF THIS SUBDIVISION
 BY THE TOTAL NUMBER OF BALLOTS CAST ON WHICH THE  CONTEST  APPEARED  AND
 THEN MULTIPLYING THE QUOTIENT BY ONE HUNDRED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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