S T A T E O F N E W Y O R K
________________________________________________________________________
7783
2023-2024 Regular Sessions
I N A S S E M B L Y
June 15, 2023
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to recounts of election
votes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9-208 of the election law is amended by adding a
new subdivision 1-a to read as follows:
1-A. SUBSEQUENT TO THE RECOUNT PROVIDED FOR BY SUBDIVISION ONE OF THIS
SECTION, AND PRIOR TO THE CERTIFICATION OF THE FINAL VOTE COUNT OF ANY
GENERAL, SPECIAL OR PRIMARY ELECTION, AN ADDITIONAL RECOUNT OF ALL VOTES
CAST IN THE ELECTION SHALL BE CONDUCTED BY THE BOARD OF ELECTIONS OR
BIPARTISAN COMMITTEE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
(A) THE DIFFERENCE IN BALLOTS CAST FOR THE CANDIDATES FOR ANY POSITION
IS TEN OR LESS VOTES OR ONE-HALF OF ONE PERCENT OF THE BALLOTS CAST FOR
SUCH POSITION, WHICHEVER SHALL BE GREATER. THE BOARD OF ELECTIONS OR
BIPARTISAN COMMITTEE SHALL COUNT ALL BALLOTS CAST FOR THE RACE IN QUES-
TION BY HAND, INCLUDING THOSE BALLOTS SCANNED BY A BALLOT SCANNER. THE
COST OF THE RECOUNT SHALL BE PAID BY THE JURISDICTION CONDUCTING THE
RECOUNT.
(B) A LOSING CANDIDATE REQUESTS A RECOUNT OF THE VOTES CAST FOR THE
POSITION HE OR SHE RAN FOR.
(I) THE REQUESTING CANDIDATE MAY PROVIDE THE COUNTY BOARD OF ELECTIONS
OR BIPARTISAN COMMITTEE WITH A LIST OF UP TO THREE PRECINCTS THAT ARE TO
BE RECOUNTED FIRST AND MAY WAIVE THE BALANCE OF THE RECOUNT AFTER THESE
PRECINCTS HAVE BEEN COUNTED.
(II) THE RECOUNT SHALL BE COMPLETED WITHIN FIVE DAYS OF THE FILING OF
REQUEST FOR RECOUNT. IF THE RECOUNT IS CONDUCTED IN TWO STAGES, AS
PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE RECOUNT SHALL BE
COMPLETED WITHIN FIVE DAYS OF THE SECOND STAGE. THE RACE UNDER RECOUNT
SHALL NOT BE CERTIFIED UNTIL THE HAND COUNT IS COMPLETED. THE BOARD OF
ELECTIONS OR BIPARTISAN COMMITTEE SHALL COUNT ALL BALLOTS CAST FOR THE
RACE IN QUESTION BY HAND, INCLUDING THOSE BALLOTS SCANNED BY A BALLOT
SCANNER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11311-01-3
A. 7783 2
(III) SUCH RECOUNT SHALL BE CONDUCTED AT THE REQUESTING CANDIDATE'S
EXPENSE AND THE REQUESTING CANDIDATE SHALL FILE WITH THE JURISDICTION
CONDUCTING THE RECOUNT A BOND, CASH, OR SURETY IN AN AMOUNT SET BY THE
JURISDICTION CONDUCTING THE RECOUNT FOR THE PAYMENT OF THE RECOUNT
EXPENSES; PROVIDED, HOWEVER, THAT THE COST OF THE RECOUNT SHALL BE PAID
BY THE JURISDICTION CONDUCTING THE RECOUNT IF:
(1) UPON THE RECOUNT ANY CANDIDATE ON THE BALLOT OTHER THAN THE
WINNING CANDIDATE IS FOUND TO BE THE WINNER OF THE RACE; OR
(2) THE BALLOT IMAGES FOR THE RACE UNDER RECOUNT DIFFER FROM THE
MACHINE COUNT ON ONE OR MORE BALLOT BOXES. BALLOT IMAGES SHALL BE POSTED
ON THE COUNTY BOARD OF ELECTIONS WEBSITE NO LATER THAN FIVE DAYS AFTER
THE ELECTION.
(IV) THE COST PER BALLOT FOR THE HAND COUNT OF BALLOTS SHALL BE ESTAB-
LISHED AND POSTED BY EACH COUNTY BOARD OF ELECTIONS BEFORE AN ELECTION,
WITH A MAXIMUM FEE OF TWENTY-FIVE CENTS PER BALLOT. IF IT IS NOT SO
POSTED, THE FEE CHARGED THE CANDIDATE SHALL BE TWENTY-FIVE CENTS PER
BALLOT.
(C) UPON THE ORIGINAL RECOUNT OF THE RESULTS OF A REFERENDUM OR PROPO-
SITION, AND PRIOR TO THE CERTIFICATION OF THE FINAL VOTE COUNT, ANY
VOTER ELIGIBLE TO VOTE ON THE BALLOT QUESTION, IN A COUNTY, SCHOOL
DISTRICT OR MUNICIPAL ELECTION MAY INITIATE A RECOUNT OF THE PAPER
BALLOTS UPON EITHER THE FOLLOWING CONDITIONS:
(I) THE DIFFERENCE BETWEEN THE APPROVAL VOTES AND THE DISAPPROVAL
VOTES ON A QUESTION IS LESS THAN ONE-HALF OF ONE PERCENT OF THE TOTAL
NUMBER OF VOTES CAST. SUCH RECOUNT SHALL BE CONDUCTED AT THE EXPENSE OF
THE JURISDICTION CONDUCTING THE RECOUNT. THE BOARD OF ELECTIONS OR
BIPARTISAN COMMITTEE SHALL COUNT ALL BALLOTS CAST FOR THE RACE IN QUES-
TION BY HAND, INCLUDING THOSE BALLOTS SCANNED BY A BALLOT SCANNER.
(II) THE DIFFERENCE BETWEEN THE APPROVAL VOTES AND THE DISAPPROVAL
VOTES ON A QUESTION IS MORE THAN ONE-HALF OF ONE PERCENT OF THE TOTAL
NUMBER OF VOTES CAST. THE REQUESTING VOTER SHALL FILE FOR A RECOUNT BY
SUBMITTING A PETITION INCLUDING SIGNATURES FROM TWENTY-FIVE VOTERS
ELIGIBLE TO HAVE VOTED ON THE REFERENDUM OR PROPOSITION. SUCH RECOUNT
SHALL BE CONDUCTED AT THE EXPENSE OF THE REQUESTING VOTER AND THE
REQUESTING VOTER SHALL FILE WITH THE JURISDICTION CONDUCTING THE RECOUNT
A BOND, CASH, OR SURETY IN AN AMOUNT SET BY THE JURISDICTION CONDUCTING
THE RECOUNT FOR THE PAYMENT OF THE RECOUNT EXPENSES; PROVIDED, HOWEVER,
THAT IF UPON THE RECOUNT, THE VOTING RESULTS ON THE REFERENDUM OR PROPO-
SITION ARE REVERSED THE COST OF THE RECOUNT SHALL BE PAID BY THE JURIS-
DICTION CONDUCTING THE RECOUNT.
(D) A REQUEST FOR A RECOUNT PURSUANT TO THE TERMS OF THIS SUBDIVISION
SHALL BE MADE WITHIN FIVE DAYS OF THE COMPLETION OF THE ORIGINAL
RECOUNT.
(E) RECOUNT COSTS INCURRED BY A JURISDICTION SHALL BE REIMBURSED BY
THE STATE.
(F) THE CANDIDATE, THE PUBLIC AND THE MEDIA SHALL RECEIVE ADVANCE
NOTICE OF THE RECOUNT, AND THE RECOUNT SHALL BE MADE PUBLIC.
(G) NO PERSON WHO WAS A CANDIDATE AT SUCH ELECTION SHALL PARTICIPATE
IN OR SUPERVISE THE RECOUNT BUT MAY BE PRESENT TO OBSERVE AS PROVIDED BY
EXISTING LAW.
§ 2. This act shall take effect immediately and shall apply to
elections conducted on or after such effective date. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.