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Reply #15: Here's the NY audit law: [View All]

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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-06-10 02:01 PM
Response to Reply #9
15. Here's the NY audit law:
9-211. Audit of voter verifiable audit records. 1. Within fifteen
days after each general or special election, and within seven days after
every primary or village election conducted by the board of elections,
the board of elections or a bipartisan committee appointed by such board
shall manually audit the voter verifiable audit records from three
percent of voting machines or systems within the jurisdiction of such
board. Voting machines or systems shall be selected for audit through a
random, manual process. At least five days prior to the time fixed for
such selection process, the board of elections shall send notice by
first class mail to each candidate, political party and independent body
entitled to have had watchers present at the polls in any election
district in such board's jurisdiction. Such notice shall state the time
and place fixed for such random selection process. The audit shall be
conducted in the same manner, to the extent applicable, as a canvass of
paper ballots. Each candidate, political party or independent body entitled
to appoint watchers to attend at a polling place shall be entitled
to appoint such number of watchers to observe the audit.

2. The manual audit tallies for each voting machine or system shall be
compared to the tallies recorded by such voting machine or system, and a
report shall be made of such comparison which shall be filed in the
office of the state board of elections.

3. The state board of elections shall, in accordance with subdivision
four of section 3-100 of this chapter, 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 any such discrepancy
exists.

4. If a complete audit shall be conducted, the results of such audit
shall be used by the canvassing board in making the statement of canvass
and determinations of persons elected and propositions rejected or
approved. The results of a partial voter verifiable record audit shall
not be used in lieu of voting machine or system tallies.

5. Notwithstanding subdivision four of this section, if a voting
machine or system is found to have failed to record votes in a manner
indicating an operational failure, the board of canvassers shall use the
voter verifiable audit records to determine the votes cast on such
machine or system, provided such records were not also impaired by the
operational failure of the voting machine or system.
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