BILL NUMBER: S417
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 provides the title of the bill, "The Count Every Vote Act of
New York."
Section two amends Election Law § 9-208 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 receives 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 also clarifies how the margin of victory percentage
shall be calculated for recount purposes.
Section three 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. This definition would
also add clarity for contests in which there are multiple winners.
 
LEGISLATIVE HISTORY:
2024: S9677-A (Gianaris) PASSED SENATE / A8296-A (Dinowitz) died in
elections
2023: A8296 (Dinowitz) died in elections
2022: A8550 (Dinowitz) died in elections
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act will take effect immediately.