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Assembly Bill A8394

2023-2024 Legislative Session

Requires audits by hand recount of voter verifiable audit records

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Archive: Last Bill Status - In Assembly Committee

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2023-A8394 (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-211, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10590
2021-2022: A929
2025-2026: A1918

2023-A8394 (ACTIVE) - Summary

Requires audits by hand recount of voter verifiable audit records.

2023-A8394 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8394
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Election Law
 
 AN  ACT to amend the election law, in relation to audits by hand recount
   of voter verifiable audit records
 
   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.  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 audit
 the voter verifiable audit records from three percent of voting machines
 or systems within the jurisdiction of  such  board.  Such  audits  [may]
 SHALL  be  performed  [manually  or  via  the  use of any automated tool
 authorized for such use by the state board of elections which  is  inde-
 pendent  from  the  voting  system  it is being used to audit] BY A HAND
 RECOUNT. Voting machines or systems shall be selected for audit  through
 a random, manual process. At least five days prior to the time fixed for
 such  selection  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. The  audit  shall  be
 conducted  in the same manner, to the extent applicable, as a canvass of
 paper ballots. Each candidate, political party or independent body enti-
 tled to appoint watchers to attend at a polling place shall be  entitled
 to appoint such number of watchers to observe the audit.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 A                                                          LBD02262-01-3

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