BILL NUMBER:S3692

TITLE OF BILL:

An act to amend the election law, in relation to requiring the hand
counting of all ballots cast in an election for a position in which
the difference in the ballots cast for the candidates for such
position is ten or less votes or .5 percent of votes cast, whichever
is greater

PURPOSE:

This will require Boards of Elections and bipartisan committees to
hand count ballots cast in elections where the difference is 10 or
less votes or .5%, whichever is greater.

SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 1-a to section 9-208 of the election
law requiring that in an election where the difference of votes is 10
or less, or .5%, whichever is greater, there shall be a hand recount.

JUSTIFICATION:

The election law empowers a trial judge to exercise discretion on
whether or not to conduct an election recount. Allowing close contests
              

to be decided in court turns these elections in to highly partisan
battles where no one speaks for New York voters. It is essential that
the voice of voters be heard above all else.

In an election where the margin is small, New Yorkers should not be
forced to accept a possibly flawed electoral result for the sake of
expedience or convenience. New York wisely chose a system that records
the voters' intent plainly and permanently on paper ballots.  It is
important that New Yorkers have confidence that our voting system will
accurately and faithfully represent the voice of voters.

We need to make sure that where there is a very small margin in
legislative races, the will of the people should always be determined
using a hand count. A complete hand recount would take only a few days
at most, and would eliminate any doubt that the machines may have
miscounted.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and apply to elections
conducted on or after such date.