New York Recount Laws

This information was initially released on October 21, 2010. Note: While New York's Election Law is currently available in multiple forms online, neither website allows to link to individual sections. However, a searchable version is available at: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS. The entire Election Law may also be downloaded as a PDF: http://www.elections.state.ny.us/NYSBOE/download/law/2009NYElectionLaw.pdf.

Voting System Used: 

Paper ballot (optical scanners, hand counted paper ballots, or a mix) In September 2010 New York completed phasing out lever machines for a mixture of accessible ballot marking devices and optical scan machines. For more details, visit the New York State Board of Elections “Vote NY” site: http://www.vote-ny.com/english/voting-machines.php.

Counting Method: 

No statutory guidance provided for counting method It is important to note that New York's Election Law does not use the term “recount.” Rather, it uses the term “recanvass.” This term is not defined in the Election Law, but is used to describe both a recanvassing of votes before the certification of election results, as in Article 9, “Canvass of Results,” Section 9-116, “Tallying Ballots; Generally,” and as an electronic review of the initial returns after the election, as in Section 9-208, “Provisions for recanvass of vote in every election district in the state; procedure in case of discrepancy.” There are no statutes regarding recanvass-specific counting methods for this state. However, Section 16-106, regarding court-ordered recanvasses, does not prohibit the court from ordering that a recanvass be conducted by hand, where applicable. State election laws regarding recanvasses have yet to be revised to reflect the recent changes in voting systems. If you know of relevant laws, rules, or updates for this state regarding counting methods during recanvasses, please email info@ceimn.org.

Initiating Mechanism: 

Candidate-initiated Court-ordered Court-Ordered Recounts: Section 16-106, “Proceedings as to the casting and canvass of ballots,” Subsection (4), states that “The court may direct a recanvass or the correction of an error, or the performance of any duty imposed by law on such a state, county, city, town or village board of inspectors, or canvassers.” While court-ordered recanvasses are the only recount-related statute in New York's Election Law, please note that this statute does not explicitly authorize the court to order any sort of statewide recanvass, nor does it detail any circumstances under which a mandatory recanvass must take place. Timing: There are no requirements or restrictions listed in the above statute as to when a court may direct a recanvass during the election contest proceedings.

Candidate-Initiated Options: 

Specific offices only The only candidate-initiated recanvass provided for in New York's election law is for village elections. Any candidate in a village election may request a recanvass, and there are no restrictions listed on the type of election (primary, general, etc.) for which a recanvass may occur. See Section 15-126, “Canvass of Election,” Subsection (3). Timing: Candidates must file their request within two days of the village election. The village clerk must notify the county board of the request within one day of its filing, and the recanvass must be completed within five days of this notice. See Section 15-126, Subsection (3).

Cost for Candidate-Initiated Recounts: 

No statutory guidance provided

Challengers and Observers: 

Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers New York's statutes specify that political parties and candidates may appoint “watchers” to be present both during voter registration and at the polls. See Section 5-206, “Watchers,” and Section 8-500, “Watchers; provision for.” While these statutes do not state that such watchers have the ability to observe during canvassing or recanvassing, it does mention their presence: “The inspectors shall canvass the machine vote by opening the counting compartments in the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers.” See Section 9-102, “Canvass; general provisions for.” While New York's Election Law provides accounts for objections that may be made to ballots, there is no mention of who is entitled to make those objections. See Section 9-114, “Counting ballots; objections to.” We found no rule or statute requiring that recanvassing be conducted publicly. If you know of relevant laws or rules for this state regarding any of these issues, please email info@ceimn.org.

Rules for Determining Voter Intent: 

Statutory guidance provided Instructions for counting votes and determining intent are contained in Section 9-112, “Canvass ballots; validity of ballots.”

Audit Laws: 

State has audit laws See: http://www.ceimn.org/state-audit-legislation-reference-guide/new_york.

Additional Resources: 
Consolidated Laws of New York - Election Law
New York Election Law (PDF)
New York Board of Elections
New York Audit Info from CEI