NY State Senate Bill 2017-S1392

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

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
Jan 03, 2018	referred to elections
Jan 09, 2017	referred to elections

2017-S1392 (ACTIVE) - Details

See Assembly Version of this Bill:: A8901
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §9-207, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4087
2015-2016: S5105
2019-2020: A3357
2021-2022: A925
2023-2024: A656

2017-S1392 (ACTIVE) - Summary

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

2017-S1392 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1392

 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 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.

2017-S1392 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1392
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 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:
   §  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.

                                                            LBD01039-01-7

 S. 1392                             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.
   § 2. This act shall take effect immediately.

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.

Senate Bill S1392

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S1392 (ACTIVE) - Details

2017-S1392 (ACTIVE) - Summary

2017-S1392 (ACTIVE) - Sponsor Memo

2017-S1392 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1392

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S1392 (ACTIVE) - Details

2017-S1392 (ACTIVE) - Summary

2017-S1392 (ACTIVE) - Sponsor Memo

2017-S1392 (ACTIVE) - Bill Text download pdf

Comments