What's happening
This bill allows any commissioner of a board of elections in New York to order a voting machine audit if discrepancies are found.
Why it matters
Empowering Individual Commissioners. The bill gives each commissioner of a board of elections the independent authority to order a voting machine audit if they find any discrepancies, rather than requiring a board-wide consensus. This could lead to more immediate and responsive oversight when issues arise.
Potential for Increased Election Transparency. By lowering the threshold for initiating an audit, this amendment could help catch and address errors or irregularities more quickly, potentially increasing public trust in election outcomes.
Checks and Balances at the Local Level. The change creates an additional check within local boards of elections, making it more difficult for potential problems to be overlooked due to inaction or gridlock among board members.
Operational Impact. This could result in more frequent audits, which might require additional resources but could also mean more consistent adherence to best practices for election integrity.
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Who cares
Election commissioners
The bill would empower any individual commissioner to order an additional or complete voting machine audit whenever audit tallies differ from machine or system tallies.
Local boards of elections
Boards could face expanded audits ordered by a single commissioner rather than by the board as a whole.
State Board of Elections
Its uniform statewide standards for determining when discrepancies require expanded audits would remain in place alongside individual commissioners’ authority to order those audits.
Headline styles
Allow Quick Voting Audits
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to elections
- Referred to rules
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.
Allow Election Audit Orders
In Assembly Committee · Election Law · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6735
2019-2020 Regular Sessions
IN SENATE
September 20, 2019
Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the election law, in relation to empowering the commissioner of a board of elections to order a voting machine audit upon a finding of discrepancies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 9-211 of the election law, as amended by chapter 515 of the laws of 2015, is amended to read as follows:
3. The state board of elections shall, in accordance with subdivision four of section 3-100 of this chapter, promulgate regulations establishing a uniform statewide standard to be used by boards of elections to determine when a discrepancy between the audit tallies and the voting machine or system tallies shall require a further voter verifiable record audit of additional voting machines or systems or a complete audit of all machines or systems within the jurisdiction of a board of elections. Any commissioner of a board of elections shall be empowered to order that any such audit shall be conducted whenever any such discrepancy exists.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13204-02-9
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 empowering the commissioner of a board of elections to order a voting machine audit upon a finding of discrepancies
Purpose
To allow either commissioner of a board of elections to order that an escalated audit be conducted whenever a discrepancy exists between an audit and the machine vote tallies for an election result.
Summary of provisions
Section 1 amends subdivision 3 of section 9-211 of the election law, to allow either commissioner of a board of elections to order an escalated audit when discrepancy exists between audit tallies and the voting machine tallies, requiring a further audit.
Section 2 establishes an immediate effective date.
Justification
This legislation would allow either commissioner of a board of elections to order that an escalated audit be conducted whenever a discrepancy exists between audit tallies and the machine vote tallies for an election result. Courts have interpreted the current law, section 9-211(3) of the election law, which states that an escalated audit may be ordered by "any board of elections" to mean that the commissioners from the Democratic and Republican parties must both request such audit. Therefore in practice, these audits never happen for partisan reasons because the party of the winning candidate does not agree to the audit.
Amending the law to allow that either commissioner may order an esca- lated when necessary will promote greater transparency and the integrity of our election process.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.