Senate Bill S2329A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2329--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sens. KAVANAGH, MAYER -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Elections  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the election law, in relation to conducting  risk-limit-
   ing audits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 9-211  of  the  election  law,  as
 amended by chapter 5 of the laws of 2019, is amended to read as follows:
   1.  (A)  Within  fifteen  days after each general or special election,
 within thirteen days after every primary election, and within seven days
 after every village election conducted by the board  of  elections,  the
 board  of  elections  or  a bipartisan committee appointed by such board
 shall CONDUCT A RISK-LIMITING audit, WHICH WILL  INCLUDE  A  HAND-TO-EYE
 REVIEW  OF  AT LEAST THREE PERCENT OF the voter verifiable [audit] PAPER
 records [from three percent of voting machines  or  systems  within  the
 jurisdiction of such board. Such audits may be performed manually or via
 the use of any automated tool authorized for such use by the state board
 of  elections  which  is  independent from the voting system it is being
 used to audit. Voting machines or systems shall be  selected  for  audit
 through  a  random,  manual  process] IN ACCORDANCE WITH THE REGULATIONS
 PROMULGATED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.  IN  ADDITION
 TO  SUCH  AUDIT  AND IN ACCORDANCE WITH THE SAME PROCEDURES THE BOARD OF
 ELECTIONS SHALL  AUDIT THE VOTER VERIFIABLE  AUDIT  RECORDS  FROM  THREE
 PERCENT  OF  VOTING  MACHINES OR SYSTEMS WITHIN THE JURISDICTION OF SUCH
 BOARD. At least five days prior to the time fixed for  such  [selection]
 RISK-LIMITING AUDIT process, the board of elections shall send notice by
 first class mail to each candidate, political party and independent body
 entitled  to  have  had  watchers  present  at the polls in any election
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02485-07-9

 S. 2329--A                          2
 
 district in such board's jurisdiction. Such notice shall state the  time
 and place fixed for such [random selection process] RISK-LIMITING AUDIT.
 The  audit shall be conducted in the same manner, to the extent applica-
 ble,  as  a canvass of paper ballots. Each candidate, political party or
 independent body entitled to appoint watchers to  attend  at  a  polling
 place  shall  be  entitled to appoint such number of watchers to observe
 the audit.
   (B) THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS FOR  THE
 IMPLEMENTATION OF RISK-LIMITING AUDITS REQUIRED BY PARAGRAPH (A) OF THIS
 SUBDIVISION.  THE  NUMBER OF VOTER VERIFIABLE AUDIT RECORDS SELECTED FOR
 SUCH AUDITS SHALL BE DETERMINED PURSUANT TO SUCH REGULATIONS  THAT  MAKE
 USE  OF STATISTICAL METHODS AND ARE DESIGNED TO LIMIT THE RISK OF CERTI-
 FYING AN INCORRECT OUTCOME, BUT SHALL BE AT LEAST THREE PERCENT  OF  ALL
 BALLOTS CAST.
   (C) AS USED IN THIS SECTION: (I) "RISK-LIMITING AUDIT" MEANS A POST-E-
 LECTION  PROCESS  SUCH  THAT,  IF THE REPORTED OUTCOME OF THE CONTEST IS
 INCORRECT, THERE IS AT LEAST A NINETY   PERCENT CHANCE  THAT  THE  AUDIT
 WILL  REPLACE  THE  INCORRECT OUTCOME WITH THE CORRECT OUTCOME AS DETER-
 MINED BY A FULL, HAND-TO-EYE TABULATION OF ALL  VOTES  VALIDLY  CAST  IN
 THAT ELECTION CONTEST THAT ASCERTAINS VOTER INTENT MANUALLY AND DIRECTLY
 FROM VOTER-VERIFIABLE PAPER RECORDS.
   (II) "REPORTED OUTCOME" MEANS THE OUTCOME OF AN ELECTION CONTEST WHICH
 IS  DETERMINED  ACCORDING TO THE CANVASS AND WHICH WILL BECOME THE OFFI-
 CIAL, CERTIFIED OUTCOME UNLESS IT IS REVISED BY AN  AUDIT,  RECOUNT,  OR
 OTHER LEGAL PROCESS.
   (III)  "INCORRECT  OUTCOME"  MEANS  AN  OUTCOME  THAT DIFFERS FROM THE
 OUTCOME THAT WOULD BE DETERMINED BY  A  FULL  TABULATION  OF  ALL  VOTES
 VALIDLY  CAST IN THAT ELECTION CONTEST, DETERMINING VOTER INTENT MANUAL-
 LY, DIRECTLY FROM VOTER-VERIFIABLE PAPER RECORDS.
   (IV) "OUTCOME" MEANS THE WINNER OR  SET  OF  WINNERS  OF  AN  ELECTION
 CONTEST, WHICH MIGHT BE CANDIDATES OR POSITIONS.
   §  2. County boards of elections are authorized to conduct risk-limit-
 ing audit pilots. Any board conducting a pilot audit  shall  notify  the
 New York state board of elections. The New York state board of elections
 must provide a report to the state legislature on June 30, 2021 with the
 findings from the risk-limiting audits conducted through March 31, 2021.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on January 1, 2022.