S 3223: 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.

  
  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) "Reported outcome" means the outcome of an election contest which 21 is determined according to the canvass and which will become the offi- 22 cial, certified outcome unless it is revised by an audit, recount, or 23 other legal process. 24 (iii) "Incorrect outcome" means an outcome that differs from the 25 outcome that would be determined by a full tabulation of all votes 26 validly cast in that election contest, determining voter intent manual- 27 ly, directly from voter-verifiable paper records. 28 (iv) "Outcome" means the winner or set of winners of an election 29 contest, which might be candidates or positions. 30 § 2. County boards of elections are authorized to conduct risk-limit- 31 ing audit pilots. Any board conducting a pilot audit shall notify the 32 New York state board of elections. The New York state board of elections 33 must provide a report to the state legislature on June 30, 2027 with the 34 findings from the risk-limiting audits conducted through March 31, 2027. 35 § 3. This act shall take effect immediately; provided, however, that 36 section one of this act shall take effect on January 1, 2028.