Relates to requiring an automatic recanvass of ballots in certain election contests

Summary of provisions

Section 1 of the bill amends section 9 of the election law by adding a new section 9-207.

Subdivision 1 provides that within fifteen days after each general, special, or primary election, and within seven days after every village election, where the difference between the votes cast for two candidates for nomination or election to office is less than one-half of one percent of the total number of ballots cast, the board of elections or a bipartisan committee of or appointed by the board, shall manually recount the votes, including any overvotes, undervotes, blank votes or their equivalent No person who was a candidate shall be appointed to the committee.

Subdivision 2 provides that such board of elections or bipartisan committee shall conduct a complete manual audit of voter verifiable paper audit records on which the contest appeared from every voting machine or or system within the jurisdiction of such board or committee. Said board or committee shall also recanvass any election day paper ballots that have not been scanned and were hand counted, as well as any absentee and military, special federal, special presidential and emergency ballots.

Subdivision 3 provides that said recanvass and audit, the board of elections shall give notice to the voting machine custodian thereof, to the state and county chair of each party or independent body that nominated candidates for the general, special, or primary election or nomination, and to each individual candidate whose name appears on the office ballot, of the time and place where such canvass and audit is to be made The state and county chair of each such party or independent body, and each such individual candidate, may send a representative to be present at such recanvass and audit.

Subdivision 4 provides that if the recanvass and audit find that the original canvass had been incorrectly made, a statement in writing shall be prepared giving the details of any corrections made for such election district The result of the recanvass, audit and statement shall be witnessed by the persons required to be present and filed with the board of elections the recanvass and audit of votes made will then supersede the returns filed by the inspectors of the election of the election district in which the canvass was made.

Subdivision 5 provides that a candidate for nomination or election for which the recanvass and audit is conducted may concede and waive his or her right to the recanvass and audit by filing a written notice of waiver with the board of elections.

Subdivision 6 provides that where a recanvass and audit is conducted, no recanvass or audit of the same contest shall be required.

Section 2 provides that this act shall take effect immediately.

Justification

Close elections raise concerns about the validity of a vote count A recount, or recanvassing, is essential to the electoral system in order to build public trust, as well as illustrate governmental transparency. In addition, the scrutiny of recounts can flag problems in the current electoral process, by illustrating equipment, ballot design, processing or administrative or security protocol issues.

Twenty states and the District of Columbia provide for automatic recounts, conducted if the margin between the top two candidates is within certain parameters. Of those, eight states currently use .5% of the total votes cast, or some variation thereof, as the threshold for triggering an automatic recount. However, in New York, no automatic recount provision exists, regardless of how close the vote count might be. Further, there is no statutory provision for candidates or parties to appoint representatives or watchers in a recanvass.

Prior legislative history

None.

Fiscal implications for state and local governments

TBD.

Effective date

This act shall take effect immediately.