Assembly Bill A3738

2023-2024 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 Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A3738 (ACTIVE) - Details

See Senate Version of this Bill:
S2961
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-211, El L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7144
2019-2020: S2329
2021-2022: A7348, S2853

2023-A3738 (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.

2023-A3738 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3738
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Election Law
 
 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  763  of  the  laws  of 2021, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07209-01-3
              

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