Requires the board of elections or a bipartisan committee appointed by such board to conduct a risk-limiting audit of voter verifiable audit records from voting machines or systems within the jurisdiction of such board.
STATE OF NEW YORK
________________________________________________________________________
7348
2021-2022 Regular Sessions
IN ASSEMBLY
May 6, 2021
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to conducting risk-limit-
ing audits
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 5 of the laws of 2019, is amended to read as follows:
3 1. (a) Within fifteen days after each general or special election,
4 within thirteen days after every primary election, and within seven days
5 after every village election conducted by the board of elections, the
6 board of elections or a bipartisan committee appointed by such board
7 shall conduct a risk-limiting audit, which will include a hand-to-eye
8 review of at least three percent of the voter verifiable [audit] paper
9 records [from three percent of voting machines or systems within the
10 jurisdiction of such board. Such audits may be performed manually or via
11 the use of any automated tool authorized for such use by the state board
12 of elections which is independent from the voting system it is being
13 used to audit. Voting machines or systems shall be selected for audit
14 through a random, manual process] in accordance with the regulations
15 promulgated pursuant to paragraph (b) of this subdivision. In addition
16 to such audit and in accordance with the same procedures the board of
17 elections shall audit the voter verifiable audit records from three
18 percent of voting machines or systems within the jurisdiction of such
19 board. At least five days prior to the time fixed for such [selection]
20 risk-limiting audit process, the board of elections shall send notice by
21 first class mail to each candidate, political party and independent body
22 entitled to have had watchers present at the polls in any election
23 district in such board's jurisdiction. Such notice shall state the time
24 and place fixed for such [random selection process] risk-limiting audit.
25 The audit shall be conducted in the same manner, to the extent applica-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06244-01-1
A. 7348 2
1 ble, as a canvass of paper ballots. Each candidate, political party or
2 independent body entitled to appoint watchers to attend at a polling
3 place shall be entitled to appoint such number of watchers to observe
4 the audit.
5 (b) The state board of elections shall promulgate regulations for the
6 implementation of risk-limiting audits required by paragraph (a) of this
7 subdivision. The number of voter verifiable audit records selected for
8 such audits shall be determined pursuant to such regulations that make
9 use of statistical methods and are designed to limit the risk of certi-
10 fying an incorrect outcome, but shall be at least three percent of all
11 ballots cast.
12 (c) As used in this section: (i) "Risk-limiting audit" means a post-e-
13 lection process such that, if the reported outcome of the contest is
14 incorrect, there is at least a ninety percent chance that the audit
15 will replace the incorrect outcome with the correct outcome as deter-
16 mined by a full, hand-to-eye tabulation of all votes validly cast in
17 that election contest that ascertains voter intent manually and directly
18 from voter-verifiable paper records.
19 (ii) "Reported outcome" means the outcome of an election contest which
20 is determined according to the canvass and which will become the offi-
21 cial, certified outcome unless it is revised by an audit, recount, or
22 other legal process.
23 (iii) "Incorrect outcome" means an outcome that differs from the
24 outcome that would be determined by a full tabulation of all votes
25 validly cast in that election contest, determining voter intent manual-
26 ly, directly from voter-verifiable paper records.
27 (iv) "Outcome" means the winner or set of winners of an election
28 contest, which might be candidates or positions.
29 § 2. County boards of elections are authorized to conduct risk-limit-
30 ing audit pilots. Any board conducting a pilot audit shall notify the
31 New York state board of elections. The New York state board of elections
32 must provide a report to the state legislature on June 30, 2023 with the
33 findings from the risk-limiting audits conducted through March 31, 2023.
34 § 3. This act shall take effect immediately; provided, however, that
35 section one of this act shall take effect on January 1, 2024.
