New York

Status of Audit Legislation: 
Signed into law in 2005
Notes: 

 

This information was updated in August 2014 and was revised 11/7/2016 to reflect changes to statutes required by Chapter 515 of the 2015 Laws of New York.

 

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 here.

The entire Election Law may also be downloaded as a 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