S T A T E O F N E W Y O R K
________________________________________________________________________
8550
2021-2022 Regular Sessions
I N A S S E M B L Y
December 13, 2021
___________
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 the procedure for the
recanvass of vote in election districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 9-208 of the election law, as
added by section 1 of part JJ of chapter 55 of the laws of 2020, is
amended to read as follows:
4. (a) The board of elections or a bipartisan committee appointed by
the board shall conduct a full [manual] HAND recount of all ballots
[for] CAST ON WHICH a particular contest APPEARED:
i. Where the margin of victory is twenty votes or less; or
ii. Where the margin of victory is 0.5% or less; or
iii. In a contest where one million or more ballots have been cast and
the margin of victory is less than 5,000 votes.
(b) For the purposes of this section, the term margin of victory shall
mean the [margin between all votes cast in the entire contest] VOTE
DIFFERENCE THAT DETERMINES THE WINNER OR WINNERS OF THE CONTEST, OR THAT
DETERMINES WHETHER A PROPOSITION IS APPROVED OR REJECTED BY THE VOTERS
following the recanvass of votes.
(c) FOR THE PURPOSES OF THIS SECTION, THE MARGIN OF VICTORY PERCENTAGE
OF ONE-HALF OF ONE PERCENT (0.5%) OR LESS SHALL BE CALCULATED BY DIVID-
ING THE MARGIN OF VICTORY DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION
BY THE TOTAL NUMBER OF BALLOTS CAST ON WHICH THE CONTEST APPEARED AND
THEN MULTIPLYING THE QUOTIENT BY ONE HUNDRED.
(D) Where the contest [involves] APPEARED ON THE BALLOT IN TWO OR MORE
COUNTIES, portions of two or more counties, OR A PORTION OF ONE OR MORE
COUNTIES AND A PORTION OF THE CITY OF NEW YORK, the margin of victory,
AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, shall be determined by
the state board of elections based on the most recent recanvass results
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13549-03-1
A. 8550 2
for the contest submitted by the boards of elections of [the counties
involved] THOSE JURISDICTIONS. THE MARGIN OF VICTORY PERCENTAGE SHALL
BE DETERMINED AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVISION.
[(d)] (E) The result of the [manual] FULL HAND recount of ballots
REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION shall supersede the
returns filed by the inspectors of election of [the] EVERY election
district in which the canvass was initially made.
§ 2. This act shall take effect immediately.