Bill S1328-2011

Provides for the recanvass of certain ballots upon request of a candidate prior to the canvass of absentee and special ballots

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.

Details

Actions

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1328 2011-2012 Regular Sessions IN 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.

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