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Assembly Bill A8941

2019-2020 Legislative Session

Relates to the recanvass of ballots in certain election contests

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Archive: Last Bill Status - In Assembly Committee

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2019-A8941 (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-208, El L

2019-A8941 (ACTIVE) - Summary

Requires the manual recount of all ballots for certain election contests based on the margin of victory.

2019-A8941 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8941
 
                           I N  A S S E M B L Y
 
                              January 2, 2020
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election  law,  in  relation  to  the  recanvass  of
   ballots in certain election contests
 
   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 4 to read as follows:
   4.  THE  BOARD  OF  ELECTIONS  OR THE COMMITTEE THEREOF SHALL MANUALLY
 RECOUNT ALL BALLOTS FOR A PARTICULAR CONTEST IF THE MARGIN OF VICTORY IN
 THE CONTEST IS EQUAL TO OR LESS THAN:
   (A) TWO VOTES WHERE THERE ARE LESS THAN ONE HUNDRED BALLOTS CAST;
   (B) TWO PLUS ONE PERCENT (1.0%) OF THE NUMBER OF BALLOTS MORE THAN ONE
 HUNDRED, WHERE THERE ARE MORE THAN ONE HUNDRED AND LESS THAN  ONE  THOU-
 SAND BALLOTS CAST;
   (C)  ELEVEN  PLUS  ONE  HALF  OF  ONE  PERCENT (0.5%) OF THE NUMBER OF
 BALLOTS MORE THAN ONE THOUSAND, WHERE THERE ARE ONE  THOUSAND  AND  LESS
 THAN ONE HUNDRED THOUSAND BALLOTS CAST;
   (D)  FIVE  HUNDRED  SIX PLUS ONE QUARTER OF ONE PERCENT (0.25%) OF THE
 NUMBER OF BALLOTS MORE THAN ONE HUNDRED THOUSAND, WHERE  THERE  ARE  ONE
 HUNDRED THOUSAND AND LESS THAN FIVE HUNDRED THOUSAND BALLOTS CAST;
   (E)  FIFTEEN  HUNDRED  SIX PLUS ONE TENTH OF ONE PERCENT (0.1%) OF THE
 NUMBER OF BALLOTS MORE THAN FIVE HUNDRED THOUSAND, WHERE THERE ARE  FIVE
 HUNDRED THOUSAND AND LESS THAN TWO MILLION BALLOTS CAST;
   (F)  THREE  THOUSAND  SIX PLUS ONE TWENTIETH OF ONE PERCENT (0.05%) OF
 THE NUMBER OF BALLOTS MORE THAN TWO MILLION, WHERE THERE ARE  MORE  THAN
 TWO MILLION BALLOTS CAST.  WHERE THE CONTEST INVOLVES PORTIONS OF TWO OR
 MORE  COUNTIES,  THE  MARGIN OF VICTORY SHALL BE DETERMINED BY THE STATE
 BOARD OF ELECTIONS BASED ON THE MOST RECENT RECANVASS  RESULTS  FOR  THE
 CONTEST  SUBMITTED  BY THE BOARDS OF ELECTIONS OF THE COUNTIES INVOLVED.
 THE RESULT OF THE MANUAL RECOUNT OF BALLOTS SHALL SUPERSEDE THE  RETURNS
 FILED  BY  THE  INSPECTORS OF ELECTION OF THE ELECTION DISTRICT IN WHICH
 THE CANVASS WAS INITIALLY MADE.  THE LOSING CANDIDATE IN A CONTEST  THAT
 MEETS  THE  CRITERIA  SET FORTH IN THIS SUBDIVISION MAY WAIVE THE MANUAL
 RECOUNT BY GIVING WRITTEN NOTICE TO THE BOARD OF ELECTIONS.
   § 2. This act shall take effect immediately.
              

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