Provides for the recanvass of certain ballots upon request of a candidate prior to the canvas of absentee and special ballots in the city of New York.

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S1328-2011 Actions

• Jan 4, 2012: REFERRED TO ELECTIONS
• Jan 6, 2011: REFERRED TO ELECTIONS

S1328-2011 Memo

BILL NUMBER:S1328

TITLE OF BILL:

An act
to amend the election law, in relation to recanvass of votes cast on
voting machines

PURPOSE:

Requires the Board of Elections in the City of New York, upon written
request by a candidate for public office, to recanvass voting machines
prior to opening paper ballots.

SUMMARY OF PROVISIONS:

Amends section 9-209 of the Election Law by adding a new subdivision 3
to require the Board of Elections in the City of New York, upon receipt
of a written request by a candidate for public office, to conduct the
recanvass of voting machines, as provided in section 9-208 of the
Election Law, and notify all candidates, in writing, of the result of
the recanvass, prior to the canvas of absentee, military and special
ballots and "affidavit" ballots. Provides for a form to be used for such
request.

EXISTING LAW:

There is no provision as to the order of the canvas of paper ballots and
the recanvass of machines.

JUSTIFICATION:

In the City of New York, all of these paper ballots are opened at the
Board of Elections. This bill would allow all candidates to know the
final machine count prior to opening paper ballots. The candidates will
have better information to determine if initiation of court proceedings
is required and have a greater understanding regarding the effect of
challenges when paper ballots are opened.

LEGISLATIVE HISTORY:

2009/10 - S/1428/A.4960 - Advanced to 3rd Reading
2007/08 - S.1499/A,6727
2005/06 - S.6596/A.9756

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of September next succeeding the date on which it shall have
become a law.

S1328-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1328

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, PARKER -- 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 recanvass of votes cast
    on voting machines

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  9-209 of the election law is amended by adding a
  new subdivision 3 to read as follows:

    3. UPON RECEIPT OF A WRITTEN REQUEST BY A CANDIDATE FOR PUBLIC OFFICE,
  THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK  SHALL  FIRST  CONDUCT  A
  RECANVASS OF VOTES CAST ON VOTING MACHINES USED IN THE ELECTION FOR SAID
  PUBLIC  OFFICE,  AS  PROVIDED  IN SECTION 9-208 OF THIS TITLE, AND SHALL
  NOTIFY, IN WRITING, EACH CANDIDATE FOR SAID PUBLIC OFFICE OF THE  RESULT
  OF  THE RECANVASS PRIOR TO THE CANVASS OF ANY BALLOT AS PROVIDED IN THIS
  SECTION. SUCH WRITTEN REQUEST SHALL BE SUBSTANTIALLY  IN  THE  FOLLOWING
  FORM:

    I, ___________, A CANDIDATE FOR THE PUBLIC OFFICE OF ___________________
       (NAME)                                                (OFFICE)
  IN THE ___________________ DISTRICT, AT THE ______________________ PARTY
         (NAME AND NUMBER)                   (PARTY NAME IF PRIMARY)
  PRIMARY/ GENERAL/ SPECIAL ELECTION HELD ON ________________, REQUEST THE
                                                  (DATE)
  BOARD  OF  ELECTION  IN  THE CITY OF NEW YORK CONDUCT A RECANVASS OF ALL
  VOTES CAST ON VOTING MACHINES FOR THE ABOVE STATED PUBLIC  OFFICE  PRIOR
  TO  THE  CANVASS  OF  ANY PAPER BALLOTS PURSUANT TO SECTION 9-209 OF THE
  ELECTION LAW.

    DATED: ________                _________________________
                                   (SIGNATURE OF CANDIDATE)
    S 2. This act shall  take  effect  on  the  first  of  September  next
  succeeding the date on which it shall have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02678-01-1