Bill Text: NY A07348 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to election law [A07348 Detail]

Download: New_York-2021-A07348-Introduced.html

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                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.