STATE OF NEW YORK
________________________________________________________________________
8394
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 1 of section 9-211 of the election law, as
2 amended by chapter 763 of the laws of 2021, is amended to read as
3 follows:
4 1. Within fifteen days after each general or special election, within
5 thirteen days after every primary election, and within seven days after
6 every village election conducted by the board of elections, the board of
7 elections or a bipartisan committee appointed by such board shall audit
8 the voter verifiable audit records from three percent of voting machines
9 or systems within the jurisdiction of such board. Such audits [may]
10 shall be performed [manually or via the use of any automated tool
11 authorized for such use by the state board of elections which is inde-
12 pendent from the voting system it is being used to audit] by a hand
13 recount. Voting machines or systems shall be selected for audit through
14 a random, manual process. At least five days prior to the time fixed for
15 such selection process, the board of elections shall send notice by
16 first class mail to each candidate, political party and independent body
17 entitled to have had watchers present at the polls in any election
18 district in such board's jurisdiction. Such notice shall state the time
19 and place fixed for such random selection process. The audit shall be
20 conducted in the same manner, to the extent applicable, as a canvass of
21 paper ballots. Each candidate, political party or independent body enti-
22 tled to appoint watchers to attend at a polling place shall be entitled
23 to appoint such number of watchers to observe the audit.
24 § 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