NY State Senate Bill 2009-S1428

Senate Bill S1428

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2010	advanced to third reading
May 12, 2010	2nd report cal.
May 11, 2010	1st report cal.526
Jan 06, 2010	referred to elections
Feb 02, 2009	referred to elections

Votes

- May 11, 2010 - Elections Committee Vote
  S1428
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 11, 2010
      
      aye (6)
      
      Addabbo Jr.
      
      Dilan
      
      Foley
      
      Griffo
      
      Libous
      
      Serrano
      
      excused (1)
      
      Morahan

co-Sponsors

View additional co-sponsors

2009-S1428 (ACTIVE) - Details

See Assembly Version of this Bill:: A4960
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1328
2013-2014: S431
2015-2016: S2324
2017-2018: S4210

2009-S1428 (ACTIVE) - Summary

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.

2009-S1428 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1428

 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 :

2007/08 - S.1499 referred to elections
2007/08 - A.6726 referred to election law
2005/06 - A.9756 referred to election law

 FISCAL IMPLICATIONS :

None.

 FISCAL IMPLICATIONS :

None.

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

2009-S1428 (ACTIVE) - Bill Text download pdf

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

                                  1428

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  DILAN,  ADAMS,  BRESLIN,  DIAZ, HASSELL-THOMPSON,
  KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, SAMPSON, SCHNEIDER-
  MAN, SERRANO, STAVISKY -- 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.
                                                           LBD05012-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.