NY State Senate Bill 2023-S2335

Senate Bill S2335

2023-2024 Legislative Session

Empowers the commissioner of a board of elections to order a voting machine audit upon a finding of discrepancies

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Archive: Last Bill Status - In Senate Committee Elections 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Jan 19, 2023	referred to elections

co-Sponsors

2023-S2335 (ACTIVE) - Details

See Assembly Version of this Bill:: A876
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §9-211, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6735, A8448
2021-2022: S332, A913
2025-2026: A347

2023-S2335 (ACTIVE) - Summary

Relates to empowering the commissioner of a board of elections to order a voting machine audit upon a finding of discrepancies.

2023-S2335 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2335

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to empowering the commis-
sioner of a board of elections to order a voting machine audit upon a
finding of discrepancies

 
PURPOSE:

To allow either commissioner of a board of elections to order that an
escalated audit be conducted whenever a discrepancy exists between an
audit and the machine vote tallies for an election result.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 3 of section 9-211 of the election law, to
allow either commissioner of a board of elections to order an escalated
audit when discrepancy exists between audit tallies and the voting
machine tallies, requiring a further audit.

Section 2 provides the effective date.

 
JUSTIFICATION:

This legislation would allow either commissioner of a board of elections
to order that an escalated audit be conducted whenever a discrepancy
exists between audit tallies and the machine vote tallies for an
election result. Courts have interpreted the current law, section
9-211(3) of the election law, which states that an escalated audit may
be ordered by "any board of elections" to mean that the commissioners
from the Democratic and Republican parties must both request such audit.
Therefore in practice, these audits never happen for partisan reasons
because the party of the winning candidate does not agree to the audit.

Amending the law to allow that either commissioner may order an esca-
lated when necessary will promote greater transparency and the integrity
of our election process.

 
LEGISLATIVE HISTORY:

S332 of 2021-22: Referred to elections.

S6735 of 2019-20: Referred to Elections.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2335 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2335
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BROUK,  MAYER,  SKOUFIS -- 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 empowering the commis-
   sioner of a board of elections to order a voting machine audit upon  a
   finding of discrepancies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 9-211  of  the  election  law,  as
 amended  by  chapter  763  of  the  laws  of 2021, is amended to read as
 follows:
   4. The state board of elections shall, in accordance with  subdivision
 four of section 3-100 of this chapter, promulgate regulations establish-
 ing  a  uniform  statewide standard to be used by boards of elections to
 determine when a discrepancy between the audit tallies  and  the  voting
 machine  or  system  tallies  shall  require  a further voter verifiable
 record audit of additional voting machines  or  systems  or  a  complete
 audit  of  all machines or systems within the jurisdiction of a board of
 elections. Any COMMISSIONER OF A board of elections shall  be  empowered
 to  order  that  any  such  audit  shall  be conducted whenever any such
 discrepancy exists.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02254-01-3

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Senate Bill S2335

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Sponsored By

Zellnor Myrie