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S4210Senate2017-2018 Session

Allow Candidates Recanvass Ballots

Official title

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

Sponsor Martin Malavé DilanSD-18Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Elections
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Elections

What's happening

This bill allows candidates in New York City to request a recanvass of voting machine votes before canvassing paper ballots.

Why it matters

  1. Empowers candidates. By allowing any candidate for public office in NYC to formally request a recanvass of machine votes, the bill gives candidates more direct control over the verification process, increasing their ability to address concerns about machine-count reliability before paper ballots are considered.

  2. Increases transparency and accountability. The requirement that all candidates be notified in writing of recanvass results ensures transparency, and provides an official record, potentially reducing disputes and confusion about vote counts.

  3. Could impact election timelines and outcomes. Since the recanvass of machine votes must now occur before paper ballots are canvassed (if requested), this procedural change may affect the pace at which final results are determined, especially in close races where machine counts are contested.

  4. Focuses specifically on NYC elections. The amendment applies only to the New York City Board of Elections, highlighting recognition of the city's unique scale and complexity in election administration, and could set precedent for similar measures elsewhere if proven effective.

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Who cares

  • Candidates for public office in New York City

    They could submit a written request requiring a recanvass of voting-machine votes in their race before absentee and special ballots are canvassed.

  • New York City Board of Elections

    The board would have to conduct the requested recanvass and notify every candidate in the race of the results in writing before proceeding with the ballot canvass.

  • Absentee and special-ballot voters in New York City

    The canvass of their ballots would have to wait until the requested voting-machine recanvass and candidate notifications are completed.

Headline styles

Allow Candidates Recanvass Ballots

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Martin Malavé Dilan

Senator · Senate District 18

No co-sponsors yet.

History

  1. Referred to elections
  2. Referred to elections

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4210

2017-2018 Regular Sessions

IN SENATE

February 6, 2017

Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to recanvass of votes cast on voting machines

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 9-209 of the election law is amended by adding a new subdivision 3 to read as follows:

3. Upon receipt of a written request by a candidate for public office, the board of elections in the city of New York shall first conduct a recanvass of votes cast on voting machines used in the election for said public office, as provided in section 9-208 of this title, and shall notify, in writing, each candidate for said public office of the result of the recanvass prior to the canvass of any ballot as provided in this section. Such written request shall be substantially in the following form:

I, ___________, a candidate for the public office of ___________________

(name) (office) in the ___________________ district, at the ______________________ party

(name and number) (party name if primary) primary/ general/ special election held on ________________, request the

(date) board of election in the city of New York conduct a recanvass of all votes cast on voting machines for the above stated public office prior to the canvass of any paper ballots pursuant to section 9-209 of the election law.

Dated: ________ _________________________

(signature of candidate)

§ 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09268-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 re-canvass 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 re-canvass of voting machines, as provided in section 9-208 of the Election Law, and notify all candidates, in writing, of the result of the re-canvass, 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 re-canvass 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

2013-2014 S.1328: Referred to elections 2015-2016 S.2324: Referred to elections

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.