Assembly Bill A10637

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10637
 
                           I N  A S S E M B L Y
 
                               May 10, 2018
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to  amend the election law, in relation to recounts of election
   votes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  9-208 of the election law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. SUBSEQUENT TO THE RECANVASS PROVIDED FOR BY  SUBDIVISION  ONE  OF
 THIS  SECTION, AND PRIOR TO THE CERTIFICATION OF THE FINAL VOTE COUNT OF
 ANY GENERAL, SPECIAL OR PRIMARY ELECTION, AN ADDITIONAL RECANVASS OF ALL
 VOTES CAST IN THE ELECTION SHALL BE CONDUCTED BY THE BOARD OF  ELECTIONS
 OR BIPARTISAN COMMITTEE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
   (A) THE DIFFERENCE IN BALLOTS CAST FOR THE CANDIDATES FOR ANY POSITION
 IS  TEN OR LESS VOTES OR ONE-HALF OF ONE PERCENT OF THE BALLOTS CAST FOR
 SUCH POSITION, WHICHEVER SHALL BE GREATER. THE  BOARD  OF  ELECTIONS  OR
 BIPARTISAN  COMMITTEE SHALL COUNT ALL BALLOTS CAST FOR THE RACE IN QUES-
 TION BY HAND, INCLUDING THOSE BALLOTS SCANNED BY A BALLOT  SCANNER.  THE
 COST  OF  THE RECANVASS SHALL BE PAID BY THE JURISDICTION CONDUCTING THE
 RECANVASS.
   (B) A LOSING CANDIDATE REQUESTS A RECANVASS OF THE VOTES CAST FOR  THE
 POSITION HE OR SHE RAN FOR.
   (I) THE REQUESTING CANDIDATE MAY PROVIDE THE COUNTY BOARD OF ELECTIONS
 OR BIPARTISAN COMMITTEE WITH A LIST OF UP TO THREE PRECINCTS THAT ARE TO
 BE  RECANVASSED  FIRST  AND MAY WAIVE THE BALANCE OF THE RECANVASS AFTER
 THESE PRECINCTS HAVE BEEN COUNTED.
   (II) THE RECANVASS SHALL BE COMPLETED WITHIN FIVE DAYS OF  THE  FILING
 OF  REQUEST  FOR RECANVASS. IF THE RECANVASS IS CONDUCTED IN TWO STAGES,
 AS PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE  RECANVASS  SHALL
 BE COMPLETED WITHIN FIVE DAYS OF THE SECOND STAGE.
   (III)  SUCH RECANVASS SHALL BE CONDUCTED AT THE REQUESTING CANDIDATE'S
 EXPENSE AND THE REQUESTING CANDIDATE SHALL FILE  WITH  THE  JURISDICTION
 CONDUCTING THE RECANVASS A BOND, CASH, OR SURETY IN AN AMOUNT SET BY THE
 JURISDICTION  CONDUCTING  THE RECANVASS FOR THE PAYMENT OF THE RECANVASS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15415-02-8

 A. 10637                            2
 
 EXPENSES; PROVIDED, HOWEVER, THAT IF UPON THE RECANVASS, THE  REQUESTING
 CANDIDATE  IS FOUND TO BE THE WINNER OF THE RACE, THE COST OF THE RECAN-
 VASS SHALL BE PAID BY THE JURISDICTION CONDUCTING THE RECANVASS.
   (C)  UPON  THE  ORIGINAL  RECANVASS  OF THE RESULTS OF A REFERENDUM OR
 PROPOSITION, AND PRIOR TO THE CERTIFICATION OF THE FINAL VOTE COUNT, ANY
 VOTER ELIGIBLE TO VOTE ON THE  BALLOT  QUESTION,  IN  A  COUNTY,  SCHOOL
 DISTRICT  OR  MUNICIPAL  ELECTION  MAY INITIATE A RECANVASS OF THE PAPER
 BALLOTS UPON EITHER THE FOLLOWING CONDITIONS:
   (I) THE DIFFERENCE BETWEEN THE  APPROVAL  VOTES  AND  THE  DISAPPROVAL
 VOTES  ON  A  QUESTION IS LESS THAN ONE-HALF OF ONE PERCENT OF THE TOTAL
 NUMBER OF VOTES CAST. SUCH RECANVASS SHALL BE CONDUCTED AT  THE  EXPENSE
 OF THE JURISDICTION CONDUCTING THE RECANVASS.
   (II)  THE  DIFFERENCE  BETWEEN  THE APPROVAL VOTES AND THE DISAPPROVAL
 VOTES ON A QUESTION IS MORE THAN ONE-HALF OF ONE PERCENT  OF  THE  TOTAL
 NUMBER OF VOTES CAST. THE REQUESTING VOTER SHALL FILE FOR A RECANVASS BY
 SUBMITTING  A  PETITION  INCLUDING  SIGNATURES  FROM  TWENTY-FIVE VOTERS
 ELIGIBLE TO HAVE VOTED ON THE REFERENDUM OR PROPOSITION. SUCH  RECANVASS
 SHALL  BE  CONDUCTED  AT  THE  EXPENSE  OF  THE REQUESTING VOTER AND THE
 REQUESTING VOTER SHALL FILE WITH THE JURISDICTION CONDUCTING THE  RECAN-
 VASS  A  BOND,  CASH,  OR  SURETY  IN  AN AMOUNT SET BY THE JURISDICTION
 CONDUCTING THE RECANVASS FOR THE  PAYMENT  OF  THE  RECANVASS  EXPENSES;
 PROVIDED, HOWEVER, THAT IF UPON THE RECANVASS, THE VOTING RESULTS ON THE
 REFERENDUM  OR  PROPOSITION ARE REVERSED THE COST OF THE RECANVASS SHALL
 BE PAID BY THE JURISDICTION CONDUCTING THE RECANVASS.
   (D) A REQUEST FOR A RECANVASS PURSUANT TO THE TERMS OF  THIS  SUBDIVI-
 SION  SHALL  BE  MADE WITHIN FIVE DAYS OF THE COMPLETION OF THE ORIGINAL
 RECANVASS.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 elections  conducted  on  or  after such effective date. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.