Enacts the "Count Every Vote Act of New York" which amends the procedure for the recanvass of votes in election districts; defines margin of victory for the purpose of triggering a hand recount of ballots.
STATE OF NEW YORK
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8296--A
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
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Introduced by M. of A. DINOWITZ, CARROLL -- read once and referred to
the Committee on Election Law -- recommitted to the Committee on
Election Law in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to the procedure for the
recanvass of votes in election districts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "The Count
2 Every Vote Act of New York".
3 § 2. Subdivision 4 of section 9-208 of the election law, as added by
4 section 1 of part JJ of chapter 55 of the laws of 2020, paragraphs (d)
5 and (e) as amended by chapter 474 of the laws of 2023, is amended to
6 read as follows:
7 4. (a) The board of elections or a bipartisan committee appointed by
8 the board shall conduct a full [manual] hand recount of all ballots
9 [for] cast on which a particular contest appeared:
10 i. Where the margin of victory is twenty votes or less; or
11 ii. Where the margin of victory is 0.5% or less; or
12 iii. In a contest where one million or more ballots have been cast and
13 the margin of victory is less than 5,000 votes.
14 (b) For the purposes of this section, the term margin of victory shall
15 mean the [margin between all votes cast in the entire contest] differ-
16 ence between the number of votes cast for the winning candidate who
17 received the fewest votes and the losing candidate who received the most
18 votes; or the difference between the number of votes cast for and
19 against a ballot proposal following the recanvass of votes.
20 (c) For the purposes of this section, the margin of victory percentage
21 of one-half of one percent (0.5%) or less shall be calculated by divid-
22 ing the margin of victory defined in paragraph (b) of this subdivision
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13557-03-4
A. 8296--A 2
1 by the total number of ballots cast on which the contest appeared and
2 then multiplying the quotient by one hundred.
3 (d) Where the contest [involves] appeared on the ballot in two or more
4 counties, portions of two or more counties, or a portion of one or more
5 counties and a portion of the city of New York, the margin of victory,
6 as defined in paragraph (b) of this subdivision, shall be determined by
7 the state board of elections based on the most recent recanvass results
8 for the contest submitted by the boards of elections of [the counties
9 involved] those jurisdictions. The margin of victory percentage shall
10 be determined as required by paragraph (c) of this subdivision.
11 [(d)] (e) No board of elections shall commence a full [manual] hand
12 recount of a particular contest unless and until such board of elections
13 has completed and announced the results of the recanvass required by
14 subdivision one of this section, for each applicable election district.
15 [(e)] (f) The result of the [manual] full hand recount of ballots
16 required by paragraph (a) of this subdivision shall supersede the
17 returns filed by the inspectors of election of [the] every election
18 district in which the canvass was initially made.
19 § 3. This act shall take effect immediately.
