BILL NUMBER: S1014
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the election law, in relation to recounts of ballots
conducted by the board of elections or a bipartisan committee appointed
by the board
 
PURPOSE OR GENERAL IDEA OF BILL:
To make minor changes to the 2020 Election Law reforms regarding auto-
matic recounts to allow for an automated recount in certain circum-
stances and reduces in a de minimis amount the threshold triggering a
manual hand count.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 9-208(4) of the Election Law. This bill
provides that a manual recount occurs when the margin of victory is ten
votes of less or 0.25% or less, while allowing for a recount to be
performed "manually or via the use of any automated tool authorized for
such use by the board of elections, which is independent from the voting
system it is being used to recount" when the margin of error is "less
than or equal to 0.5% but greater than 0.25%." Moreover, it adds a
subsection f whereby a candidate who is deemed to be losing a contest by
these margins shall have the ability to reject a recount and concede
victory.
Section 2 is the effective date.
 
DIFFERENCE BETWEEN THE ORIGINAL AND AMENDED VERSION:
The amendment adds section 9-208(4) (f).
 
JUSTIFICATION:
These minor adjustments to the "close contest recount" law will allow
our hard-working Boards of Elections to ensure election integrity and
public trust in the process while still allowing them to rely on more
efficient and proven effective technology. Reducing the margins of
victory required for a manual hand count will allow Boards to focus
their resources on races that could have a change in the ultimate
winner, while still providing extra scrutiny to close races via the use
of tested technology. Allowing losing candidates to reject a recount and
concede victory will allow them to make a decision to preserve Board of
Elections resources and taxpayer money when they believe such a recount
would not change the ultimate result. Improving this existing election
integrity measure will reduce the burden on local Boards or Elections
and ensure transparency in the process to the public while achieving the
paramount goals of ensuring every vote counts and the candidate with the
most votes is named winner.
 
LEGISLATIVE HISTORY:
2021-22: S.8841
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.