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Assembly Bill A9454A

2021-2022 Legislative Session

Relates to recounts of ballots conducted by the board of elections or a bipartisan committee appointed by the board

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2021-A9454 - Details

See Senate Version of this Bill:
S8841
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-208, El L
Versions Introduced in Other Legislative Sessions:
2023-2024: A1259, S1014
2025-2026: A1091, S3290

2021-A9454 - Summary

Provides that recounts of ballots conducted by the board of elections or a bipartisan committee appointed by the board can be either done manually or via the use of any automated tool authorized for such use by the board of elections, which is independent from the voting system it is being used to recount, of all ballots for a particular contest where the margin of victory is less than or equal to 0.5% but greater than 0.25%; allows for losing candidates to deny a recount before any recount is conducted.

2021-A9454 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9454
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to  amend  the election law, in relation to recounts of ballots
   conducted  by  the  board  of  elections  or  a  bipartisan  committee
   appointed by the board
 
   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 recount of all ballots for a
 particular contest:
   i. Where the margin of victory is [twenty] TEN votes or less; or
   ii. Where the margin of victory is [0.5%] 0.25% 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) THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED BY  THE
 BOARD SHALL CONDUCT A FULL RECOUNT, MANUALLY OR VIA THE USE OF ANY AUTO-
 MATED TOOL AUTHORIZED FOR SUCH A USE BY THE BOARD OF ELECTIONS, WHICH IS
 INDEPENDENT  FROM THE VOTING SYSTEM IT IS BEING USED TO RECOUNT, OF  ALL
 BALLOTS  FOR A PARTICULAR CONTEST WHERE THE MARGIN OF  VICTORY  IS  LESS
 THAN OR EQUAL TO 0.5% BUT GREATER THAN 0.25%.
   (C) For the purposes of this section, the term margin of victory shall
 mean  the  margin between all votes cast in the entire contest following
 the recanvass of votes.
   [(c)] (D) 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.
   [(d)] (E) The result of the [manual] recount of ballots  shall  super-
 sede  the  returns  filed  by the inspectors of election of the election
 district in which the canvass was initially made.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A9454A (ACTIVE) - Details

See Senate Version of this Bill:
S8841
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-208, El L
Versions Introduced in Other Legislative Sessions:
2023-2024: A1259, S1014
2025-2026: A1091, S3290

2021-A9454A (ACTIVE) - Summary

Provides that recounts of ballots conducted by the board of elections or a bipartisan committee appointed by the board can be either done manually or via the use of any automated tool authorized for such use by the board of elections, which is independent from the voting system it is being used to recount, of all ballots for a particular contest where the margin of victory is less than or equal to 0.5% but greater than 0.25%; allows for losing candidates to deny a recount before any recount is conducted.

2021-A9454A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9454--A
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced   by  M.  of  A.  LUNSFORD,  WALKER,  GONZALEZ-ROJAS,  SIMON,
   SEAWRIGHT, TAPIA, GALEF, GLICK, JACOBSON, SILLITTI, NIOU, McDONALD  --
   read  once  and referred to the Committee on Election Law -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the election law, in relation  to  recounts  of  ballots
   conducted  by  the  board  of  elections  or  a  bipartisan  committee
   appointed by the board
 
   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  recount  of  all  ballots  for  a
 particular contest:
   i. Where the margin of victory is [twenty] TEN votes or less; or
   ii. Where the margin of victory is [0.5%] 0.25% 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)  THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED BY THE
 BOARD SHALL CONDUCT A FULL RECOUNT, MANUALLY OR VIA THE USE OF ANY AUTO-
 MATED TOOL AUTHORIZED FOR SUCH A USE BY THE BOARD OF ELECTIONS, WHICH IS
 INDEPENDENT FROM THE VOTING SYSTEM IT IS BEING USED TO RECOUNT, OF   ALL
 BALLOTS    FOR  A PARTICULAR CONTEST WHERE THE MARGIN OF VICTORY IS LESS
 THAN OR EQUAL TO 0.5% BUT GREATER THAN 0.25%.
   (C) For the purposes of this section, the term margin of victory shall
 mean the margin between all votes cast in the entire  contest  following
 the recanvass of votes.
   [(c)] (D) 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14356-03-2

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