Provides for the recanvass of certain ballots upon request of a candidate prior to the canvass of absentee and special ballots

BILL NUMBER:S431

Title of bill

An act to amend the election law, in relation to recanvass of votes cast on voting machines

Purpose

Requires the Board of Elections in the City of New York, upon written request by a candidate for public office, to recanvass voting machines prior to opening paper ballots.

Summary of provisions

Amends section 9-209 of the Election Law by adding a new subdivision 3 to require the Board of Elections in the City of New York, upon receipt of a written request by a candidate for public office, to conduct the recanvass of voting machines, as provided in section 9-208 of the Election Law, and notify all candidates, in writing, of the result of the recanvass, prior to the canvas of absentee, military and special ballots and "affidavit" ballots. Provides for a form to be used for such request.

Existing law

There is no provision as to the order of the canvas of paper ballots and the recanvass of machines.

Justification

In the City of New York, all of these paper ballots are opened at the Board of Elections. This bill would allow all candidates to know the final machine count prior to opening paper ballots. The candidates will have better information to determine if initiation of court proceedings is required and have a greater understanding regarding the effect of challenges when paper ballots are opened.

Legislative history

2011/12 - S.1328 2009/10 - S.1428/A.4960 - Advanced to 3rd Reading

Fiscal implications

None.

Local fiscal implications

None.

Effective date

The first of September next succeeding the date on which it shall have become a law.