Skip to content
S1833Senate2019-2020 SessionSame asA8377

Hand Count Close Election Votes

Official title

“Requires boards of elections and bipartisan committees to hand count ballots cast in elections where the difference is 10 or less votes or .5%”

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 requires a hand recount of all ballots in elections where the margin is ten votes or 0.5%, whichever is greater.

Why it matters

  1. Ensures greater accuracy in close elections. By mandating a hand recount in races with extremely tight margins, the bill aims to reduce the risk of machine error or miscounted ballots that could alter the election outcome.

  2. Applies to all types of elections. The requirement covers general, special, and primary elections, which means its impact will be broad—affecting not just high-profile races but also local and party contests.

  3. May increase public trust in election results. Hand counts, especially in close races, often have higher perceived legitimacy among voters, potentially reducing disputes and challenges over results.

  4. Could lengthen the certification process. While improving accuracy, mandatory hand recounts in close races may delay final results, impacting when winners can be officially declared and potentially affecting transitions or subsequent electoral processes.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Hand Count Close Election Votes

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

Sponsors

Primary sponsor
Michael Gianaris

Senator · Senate District 12

History

  1. Referred to elections
  2. Returned to senate
  3. Died in assembly
  4. Referred to election law
  5. Delivered to assembly
  6. Passed senateVote 47–15
  7. Ordered to third reading cal.1476
  8. Committee discharged and committed to rules
  9. Referred to elections

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8377Assembly

Hand Count Close Elections

In Assembly Committee · Election Law · Sponsor Amy Paulin

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

1833

2019-2020 Regular Sessions

IN SENATE

January 16, 2019

Introduced by Sen. GIANARIS -- 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 requiring the hand counting of all ballots cast in an election for a position in which the difference in the ballots cast for the candidates for such position is ten or less votes or .5 percent of votes cast, whichever is greater

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

Section 1. Section 9-208 of the election law is amended by adding a new subdivision 1-a to read as follows:

1-a. If upon the original canvass of the results of any general, special or primary election the difference in ballots cast for the candidates for any position is ten or less votes, or .5 percent of the ballots cast for such position, whichever shall be greater; the recanvass of ballots cast for such position, pursuant to subdivision one of this section, shall require the board of elections or bipartisan committee to count all ballots cast for such position by hand, including those ballots scanned by a ballot scanner.

§ 2. This act shall take effect immediately and shall apply to elections conducted on or after such date.

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

[ ] is old law to be omitted.

LBD03999-01-9

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 requiring the hand counting of all ballots cast in an election for a position in which the difference in the ballots cast for the candidates for such position is ten or less votes or .5 percent of votes cast, whichever is greater

Purpose

This will require Boards of Elections and bipartisan committees to hand count ballots cast in elections where the difference is 10 or less votes or .5%, whichever is greater.

Summary of provisions

Section 1 adds a new subdivision 1-a to section 9-208 of the election law requiring that in an election where the difference of votes is 10 or less, or .5%, whichever is greater, there shall be a hand recount.

Justification

The election law empowers a trial judge to exercise discretion on wheth- er or not to conduct an election recount. Allowing close contests to be decided in court turns these elections in to highly partisan battles where no one speaks for New York voters. It is essential that the voice of voters be heard above all else.

In an election where the margin is small, New Yorkers should not be forced to accept a possibly flawed electoral result for the sake of expedience or convenience. New York wisely chose a system that records the voters' intent plainly and permanently on paper ballots. It is important that New Yorkers have confidence that our voting system will accurately and faithfully represent the voice of voters.

We need to make sure that where there is a very small margin in legisla- tive races, the will of the people should always be determined using a hand count. A complete hand recount would take only a few days at most, and would eliminate any doubt that the machines may have miscounted.

Legislative history

2018: Died in Elections

2017: Died in Elections

2016: Died in Elections

2015: Died in Elections

Fiscal implications

None.

Effective date

This act shall take effect immediately and apply to elections conducted on or after such date.

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