NY State Senate Bill 2015-S5105

Archive: Last Bill Status - In Senate Committee Elections 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to elections
May 01, 2015	referred to elections

2015-S5105 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §9-207, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4087
2017-2018: S1392

2015-S5105 (ACTIVE) - Summary

Relates to requiring an automatic recanvass of ballots in certain election contests.

2015-S5105 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5105

TITLE OF BILL:  An act to amend the election law, in relation to
requiring an automatic manual recanvass and audit of votes where the
difference between votes cast for two candidates that determines a
candidate's nomination or election to office is less than one-half of
one percent of total ballots cast

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to require an automatic manual recanvass
and audit of votes where a candidate's nomination or election to
office was won by less than .5 percent of total ballots cast

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 9 of the election law by adding a
new section 9-207.

Subdivision 1 provides that within fifteen days after each general,
special, or primary election, and within seven days after every
village election, where the difference between the votes cast for two
candidates for nomination or election to office is less than one-half
of one percent of the total number of ballots cast, the board of
elections or a bipartisan committee of or appointed by the board,
shall manually recount the votes, including any overvotes, undervotes,

blank votes or their equivalent No person who was a candidate shall be
appointed to the committee.

Subdivision 2 provides that such board of elections or bipartisan
committee shall conduct a complete manual audit of voter verifiable
paper audit records on which the contest appeared from every voting
machine or or system within the jurisdiction of such board or
committee. Said board or committee shall also recanvass any election
day paper ballots that have not been scanned and were hand counted, as
well as any absentee and military, special federal, special
presidential and emergency ballots.

Subdivision 3 provides that said recanvass and audit, the board of
elections shall give notice to the voting machine custodian thereof,
to the state and county chair of each party or independent body that
nominated candidates for the general, special, or primary election or
nomination, and to each individual candidate whose name appears on the
office ballot, of the time and place where such canvass and audit is
to be made The state and county chair of each such party or
independent body, and each such individual candidate, may send a
representative to be present at such recanvass and audit.

Subdivision 4 provides that if the recanvass and audit find that the
original canvass had been incorrectly made, a statement in writing
shall be prepared giving the details of any corrections made for such
election district The result of the recanvass, audit and statement
shall be witnessed by the persons required to be present and filed
with the board of elections the recanvass and audit of votes made will
then supersede the returns filed by the inspectors of the election of
the election district in which the canvass was made.


Subdivision 5 provides that a candidate for nomination or election for
which the recanvass and audit is conducted may concede and waive his
or her right to the recanvass and audit by filing a written notice of
waiver with the board of elections.

Subdivision 6 provides that where a recanvass and audit is conducted,
no recanvass or audit of the same contest shall be required.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:

Close elections raise concerns about the validity of a vote count A
recount, or recanvassing, is essential to the electoral system in
order to build public trust, as well as illustrate governmental
transparency. In addition, the scrutiny of recounts can flag problems
in the current electoral process, by illustrating equipment, ballot
design, processing or administrative or security protocol issues.

Twenty states and the District of Columbia provide for automatic
recounts, conducted if the margin between the top two candidates is
within certain parameters. Of those, eight states currently use .5% of
the total votes cast, or some variation thereof, as the threshold for
triggering an automatic recount. However, in New York, no automatic
recount provision exists, regardless of how close the vote count might
be. Further, there is no statutory provision for candidates or parties
to appoint representatives or watchers in a recanvass.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5105 (ACTIVE) - Bill Text download pdf

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

                                  5105

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 1, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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 requiring an  automatic
  manual recanvass and audit of votes where the difference between votes
  cast  for  two  candidates that determines a candidate's nomination or
  election to office is less than  one-half  of  one  percent  of  total
  ballots cast

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

  Section 1. The election law is amended by adding a new  section  9-207
to read as follows:
  S  9-207.  AUTOMATIC  MANUAL  RECANVASS AND AUDIT OF VOTES. 1.  WITHIN
FIFTEEN DAYS AFTER EACH GENERAL, SPECIAL OR PRIMARY ELECTION, AND WITHIN
SEVEN DAYS AFTER EVERY VILLAGE ELECTION, WHERE  THE  DIFFERENCE  BETWEEN
THE  VOTES  CAST FOR TWO CANDIDATES FOR NOMINATION OR ELECTION TO OFFICE
THAT DETERMINES THE NOMINATION OR ELECTION IS LESS THAN ONE-HALF OF  ONE
PERCENT  OF  THE  TOTAL  NUMBER  OF  BALLOTS  CAST  ON WHICH THE CONTEST
APPEARED, THE BOARD OF ELECTIONS OF EACH COUNTY, OR A BIPARTISAN COMMIT-
TEE OF OR APPOINTED BY SAID BOARD, SHALL MANUALLY RECOUNT THE VOTES CAST
IN EACH ELECTION DISTRICT IN WHICH THE CONTEST APPEARED ON  THE  BALLOT,
INCLUDING  ANY  OVERVOTES,  UNDERVOTES, BLANK VOTES OR THEIR EQUIVALENT.
NO PERSON WHO WAS A CANDIDATE AT SUCH ELECTION  SHALL  BE  APPOINTED  TO
MEMBERSHIP ON THE COMMITTEE.
  2.  SUCH  BOARD  OF  ELECTIONS OR BIPARTISAN COMMITTEE SHALL CONDUCT A
COMPLETE MANUAL AUDIT OF VOTER VERIFIABLE PAPER AUDIT RECORDS  ON  WHICH
THE  CONTEST  APPEARED  FROM  EVERY  VOTING MACHINE OR SYSTEM WITHIN THE
JURISDICTION OF SUCH BOARD OR COMMITTEE.  SAID BOARD OR COMMITTEE  SHALL
ALSO  MAKE  A  RECANVASS OF ANY ELECTION DAY PAPER BALLOTS THAT HAVE NOT
BEEN SCANNED AND WERE  HAND  COUNTED  PURSUANT  TO  SUBDIVISION  TWO  OF
SECTION  9-110 OF THIS ARTICLE, AS WELL AS OF ANY ABSENTEE AND MILITARY,
SPECIAL FEDERAL, SPECIAL PRESIDENTIAL AND EMERGENCY BALLOTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08194-01-5

S. 5105                             2

  3. BEFORE MAKING SUCH RECANVASS AND AUDIT,  THE  BOARD  OF  ELECTIONS,
WITH  RESPECT  TO  EACH ELECTION DISTRICT TO BE RECANVASSED AND AUDITED,
SHALL GIVE NOTICE IN WRITING TO THE VOTING MACHINE CUSTODIAN THEREOF, TO
THE STATE AND COUNTY CHAIR OF EACH PARTY OR INDEPENDENT BODY WHICH SHALL
HAVE  NOMINATED  CANDIDATES  FOR THE SAID GENERAL OR SPECIAL ELECTION OR
NOMINATED OR ELECTED CANDIDATES AT THE SAID PRIMARY ELECTION AND TO EACH
INDIVIDUAL CANDIDATE WHOSE NAME APPEARS ON THE  OFFICE  BALLOT,  OF  THE
TIME AND PLACE WHERE SUCH CANVASS AND AUDIT IS TO BE MADE; AND THE STATE
AND  COUNTY  CHAIR  OF EACH SUCH PARTY OR INDEPENDENT BODY AND EACH SUCH
INDIVIDUAL CANDIDATE MAY SEND A REPRESENTATIVE TO  BE  PRESENT  AT  SUCH
RECANVASS AND AUDIT.
  4.  IF  UPON  SUCH  RECANVASS  AND  AUDIT  CONDUCTED  PURSUANT TO THIS
SECTION, IT SHALL BE FOUND THAT THE ORIGINAL CANVASS OF THE  RETURNS  OF
AN  ELECTION  DISTRICT HAS BEEN INCORRECTLY MADE, A STATEMENT IN WRITING
SHALL BE PREPARED GIVING THE DETAILS FOR ANY CORRECTIONS MADE  FOR  SUCH
ELECTION DISTRICT. THE RESULT OF THE RECANVASS AND AUDIT AND SUCH STATE-
MENT  SHALL BE WITNESSED BY THE PERSONS REQUIRED TO BE PRESENT AND SHALL
BE FILED WITH THE BOARD OF ELECTIONS.  SUCH RECANVASS AND AUDIT OF VOTES
MADE PURSUANT HERETO SHALL THEREUPON SUPERSEDE THE RETURNS FILED BY  THE
INSPECTORS OF ELECTION OF THE ELECTION DISTRICT IN WHICH THE CANVASS WAS
MADE.
  5.  A  CANDIDATE FOR NOMINATION OR ELECTION TO AN OFFICE FOR WHICH THE
RECANVASS AND AUDIT IS CONDUCTED PURSUANT TO THIS  SECTION  MAY  CONCEDE
AND  WAIVE HIS OR HER RIGHT TO THE RECANVASS AND AUDIT BY FILING A WRIT-
TEN NOTICE OF WAIVER WITH THE BOARD OF ELECTIONS.
  6. WHERE A RECANVASS AND AUDIT IS CONDUCTED PURSUANT TO THIS  SECTION,
NO  RECANVASS OR AUDIT OF THE SAME CONTEST SHALL BE REQUIRED PURSUANT TO
ANY OTHER SECTION OF THIS TITLE.
  S 2. This act shall take effect immediately.

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Senate Bill S5105

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2015-S5105 (ACTIVE) - Details

2015-S5105 (ACTIVE) - Summary

2015-S5105 (ACTIVE) - Sponsor Memo

2015-S5105 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5105

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Elections Committee

2015-S5105 (ACTIVE) - Details

2015-S5105 (ACTIVE) - Summary

2015-S5105 (ACTIVE) - Sponsor Memo

2015-S5105 (ACTIVE) - Bill Text download pdf

Comments