BILL NUMBER: S9677A
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the election law, in relation to the procedure for the
recanvass of votes in election districts
 
PURPOSE:
To clarify the definition of "margin of victory"
 
SUMMARY OF PROVISIONS:
Section one of the bill states that this act shall be known and may be
cited as "The Count Every Vote Act of New York."
Section two amends section 9-208 of the election law to clarify that the
margin of victory is the difference between the number of votes cast for
the winning candidate who received the fewest votes and the losing
candidate who received the most votes, or the difference between the
number of votes cast for and against a ballot proposal, following the
recanvass of votes. This section would also clarify how the margin of
victory percentage shall be calculated for recount purposes.
Section three of the bill provides the effective date.
 
JUSTIFICATION:
The election law currently uses vague and circular language to define
"margin of victory," stating that it shall mean "the margin between all
votes cast in the entire contest following the recanvass of votes." To
avoid confusion and unnecessary litigation after close elections, this
bill would create a clear definition, one that ensures all ballots cast
are included in the margin-of-victory analysis. The definition also adds
clarity for contests in which there are multiple winners.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act will take effect immediately.

Statutes affected:
S9677: 9-208 election law, 9-208(4) election law