New York S 3223: Requires the board of elections or a bipartisan committee to conduct a risk-limiting audit of voter verifiable audit records

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S03223 Summary:

BILL NOS03223 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORKAVANAGH

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COSPNSRMAYER

&nbsp

MLTSPNSR

&nbsp

Amd §9-211, El L

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Requires the board of elections or a bipartisan committee appointed by such board to conduct a risk-limiting audit of voter verifiable audit records from voting machines or systems within the jurisdiction of such board.

Go to top S03223 Actions:

BILL NOS03223 

&nbsp

01/24/2025REFERRED TO ELECTIONS

01/07/2026REFERRED TO ELECTIONS

Go to topS03223 Committee&nbspVotes:

Go to topS03223 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03223 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3223

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sens. KAVANAGH, MAYER -- 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 conducting risk-limit-
 ing audits

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

 1 Section 1. Subdivision 1 of section 9-211 of the election law, as
 2 amended by chapter 763 of the laws of 2021, is amended to read as
 3 follows:
 4 1. (a) Within fifteen days after each general or special election,
 5 within thirteen days after every primary election, and within seven days
 6 after every village election conducted by the board of elections, the
 7 board of elections or a bipartisan committee appointed by such board
 8 shall conduct a risk-limiting audit, which will include a hand-to-eye
 9 review of at least three percent of the voter verifiable [audit] paper
 10 records [from three percent of voting machines or systems within the
 11 jurisdiction of such board. Such audits may be performed manually or via
 12 the use of any automated tool authorized for such use by the state board
 13 of elections which is independent from the voting system it is being
 14 used to audit. Voting machines or systems shall be selected for audit
 15 through a random, manual process] in accordance with the regulations
 16 promulgated pursuant to paragraph (b) of this subdivision. In addition
 17 to such audit and in accordance with the same procedures the board of
 18 elections shall audit the voter verifiable audit records from three
 19 percent of voting machines or systems within the jurisdiction of such
 20 board. At least five days prior to the time fixed for such [selection]
 21 risk-limiting audit process, the board of elections shall send notice by
 22 first class mail to each candidate, political party and independent body
 23 entitled to have had watchers present at the polls in any election
 24 district in such board's jurisdiction. Such notice shall state the time
 25 and place fixed for such [random selection process] risk-limiting audit.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06960-01-5

 S. 3223 2

 1 The audit shall be conducted in the same manner, to the extent applica-
 2 ble, as a canvass of paper ballots. Each candidate, political party or
 3 independent body entitled to appoint watchers to attend at a polling
 4 place shall be entitled to appoint such number of watchers to observe
 5 the audit.
 6 (b) The state board of elections shall promulgate regulations for the
 7 implementation of risk-limiting audits required by paragraph (a) of this
 8 subdivision. The number of voter verifiable audit records selected for
 9 such audits shall be determined pursuant to such regulations that make
 10 use of statistical methods and are designed to limit the risk of certi-
 11 fying an incorrect outcome, but shall be at least three percent of all
 12 ballots cast.
 13 (c) As used in this section: (i) "Risk-limiting audit" means a post-e-
 14 lection process such that, if the reported outcome of the contest is
 15 incorrect, there is at least a ninety percent chance that the audit
 16 will replace the incorrect outcome with the correct outcome as deter-
 17 mined by a full, hand-to-eye tabulation of all votes validly cast in
 18 that election contest that ascertains voter intent manually and directly
 19 from voter-verifiable paper records.
 20 (ii) "Reporte