New York

Status of Audit Legislation: 
Signed into law in 2005
Link to Text of Legislation: 
New York's law (Election Code, Article 9, Section 9-211, "Audit of voter verifiable audit records")
Notes: 

 

State Summary

Signed into law in 2005, New York's audit law does not lead to a full recount but is binding upon the official results. All contests and propositions on the ballot for general elections are audited.

 

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/2011NYElectionLaw.pdf.

 

The primary sections relevant to audits are Article 9, Section 9-211, “Audit of voter verifiable audit records,” and Section 6210.18 of the Rules and Regulations, “Three-percent (3%) audit.”

State Summary

Signed into law in 2005, New York's audit law does not lead to a full recount but is binding upon the official results. All contests and propositions on the ballot for general elections are audited.

 

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/2011NYElectionLaw.pdf.

 

The primary sections relevant to audits are Article 9, Section 9-211, “Audit of voter verifiable audit records,” and Section 6210.18 of the Rules and Regulations, “Three-percent (3%) audit.”

Sampling Method: 

3% of voting machines or voting systems within Board's jurisdiction

Trigger: 

The state board of elections shall promulgate regulations establishing a uniform statewide standard to be used by boards of elections to determine when a discrepancy between the manual audit tallies and the voting machine or system tallies shall require a further voter verifiable record audit of additional voting machines or systems or a complete manual audit of all machines or systems within the jurisdiction of a board of elections. Any board of elections shall be empowered to order that any such audit shall be conducted whenever anysuch discrepancy exists. The draft regulations, 9 NYCRR § 6210.18, can be found at http://www.elections.state.ny.us/portal/page?_pageid=35,1,35_26319:35_26...

Oversight: 
New York State Board of Elections
Who Conducts the Audit?: 
County boards of elections conduct the audit
Location of Random Selection: 
County Boards of Elections
Types of Voting Machines in Use: 
Lever machines (not audited) to be replaced for the 2009 elections by precinct-based scanning in 61 of 62 counties For more detailed information, see Verified Voting's website: http://www.verifiedvoting.org/verifier/map.php?&topic_string=5std&year=2008&state=New%20York
Races that are Audited: 
All races
Voting Units that are Audited: 
machines
Timeline for Audit: 

Within fifteen days after each general or special election, and within seven days after every primary or village election

Completed Before Certification?: 

Yes

Do the results of the audit become the official tally?: 
Yes
Local Contact Person: 
Howard Stanislevic, E-voter Education Project
Email contact form
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