senate Bill S2853

2021-2022 Legislative Session

Requires the board of elections or a bipartisan committee to conduct a risk-limiting audit of voter verifiable audit records

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Elections Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 26, 2021 referred to elections

Co-Sponsors

S2853 (ACTIVE) - Details

Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §9-211, El L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7144
2019-2020: S2329

S2853 (ACTIVE) - Summary

Requires the board of elections or a bipartisan committee appointed by such board to conduct a risk-limiting audit of voter verifiable audit records from voting machines or systems within the jurisdiction of such board.

S2853 (ACTIVE) - Sponsor Memo

S2853 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2853
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens. KAVANAGH, MAYER -- 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 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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