NY State Senate Bill 2017-S4210

Senate Bill S4210

2017-2018 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 - 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Feb 06, 2017	referred to elections

2017-S4210 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1428
2011-2012: S1328
2013-2014: S431
2015-2016: S2324

2017-S4210 (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.

2017-S4210 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4210

 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 re-canvass 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 re-canvass of voting machines, as provided in section
9-208 of the Election Law, and notify all candidates, in writing, of
the result of the re-canvass, 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 re-canvass 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 :

2013-2014 S.1328: Referred to elections
2015-2016 S.2324: Referred to elections

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

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

2017-S4210 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4210
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- 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)
   § 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.

                                                            LBD09268-01-7

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