|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 26, 2021||referred to elections|
senate Bill S2853
Current Bill Status - In Senate Committee Elections Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2853 (ACTIVE) - Details
S2853 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2853 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the election law, in relation to conducting risk-limit- ing audits PURPOSE: To require the State Board of Elections (BOE) to improve the reliability of post-election audits to limit the risk of certifying an incorrect outcome. SUMMARY OF PROVISIONS: Election Law 9-211 is amended by requiring the New York State Board of Elections or a bipartisan committee to conduct a risk-limiting audit of at least three percent of voter verifiable audit records after elections. The BOE shall promulgate regulations for the use of risk-lim- iting audits and such regulations shall make use of statistical methods
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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