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S507 GILL 2 AN ACT providing for audits of the results of elections and 1 supplementing chapter 61 of Title 19 of the Revised Statutes. 2 3 BE IT ENACTED by the Senate and General Assembly of the State 4 of New Jersey: 5 6 1. a. Notwithstanding any law, rule or regulation to the contrary, 7 the Attorney General shall appoint each year an independent audit 8 team. It shall conduct random hand counts of the voter-verified 9 paper records in at least two percent of the election districts where 10 elections are held for federal or State office, including the offices of 11 Governor and member of the Legislature, and for county and 12 municipal offices selected by the Attorney General. Hand counts 13 shall also be made of the results of at least one voting machine in 14 one election district in each county where elections occur each year. 15 The number and composition of the audit team shall be at the 16 discretion of the Attorney General, except that at least one member 17 shall have verifiable expertise in the field of statistics. 18 b. The independent audit team shall conduct an audit of the 19 results of an election in accordance with the following procedures. 20 (1) No later than 24 hours after the final vote count after an 21 election, the Attorney General shall determine and then announce 22 publicly the districts in the State in which audits shall be conducted. 23 (2) With respect to votes cast at the election district on the date 24 of an election other than by provisional ballot, the independent 25 audit team shall count by hand the voter-verified paper records and 26 compare those records with the count of such votes announced by 27 the county boards of elections. 28 (3) With respect to votes cast other than at the election district on 29 the date of the election, or votes cast by provisional ballot on the 30 date of the election that are certified and counted by the county 31 board of elections on or after the election, including votes cast by 32 military service voters and overseas federal election voters, the 33 independent audit team shall count by hand the applicable voter- 34 verified paper records and compare those records with the count of 35 such votes announced by the county boards of elections. 36 (4) The selection of the election districts and county and 37 municipal elections to be audited shall be made by the Attorney 38 General on a random basis using a uniform distribution in which all 39 districts and county and municipal elections have an equal chance 40 of being selected, in accordance with such procedures as the 41 Attorney General deems appropriate, except that at least one voting 42 machine in one district shall be selected for an audit in each county 43 in the State. 44 (5) As soon as practicable after the completion of an audit 45 conducted pursuant to P.L. , c. (C. )(now pending before the 46 Legislature as this bill), the Attorney General shall announce 47 S507 GILL 3 publicly and publish the results of the audit and shall include in the 1 announcement a comparison of the results of the election in the 2 districts, as determined by the independent audit team performing 3 the audit, and the final vote count in the districts as announced by 4 the county boards of elections. 5 (6) No county shall certify the results of any election that is 6 subject to an audit performed pursuant to P.L. , c. (C. ) 7 (now pending before the Legislature as this bill) prior to the 8 competition of the audit and the announcement and publication of 9 the results thereof as required by paragraph 5 of this subsection, 10 except to the extent necessary to permit the State to make a final 11 determination with respect to any controversy or contest concerning 12 the appointment of its electors for President or Vice President of the 13 United States prior to the deadline established in section 6, Title 3 14 of the United States Code. 15 (7) If the Attorney General determines that any of the hand 16 counts conducted under P.L. , c. (C. )(now pending before 17 the Legislature as this bill) show cause for concern about the 18 accuracy of the results of any election in the State, or in a county or 19 a municipality, or with respect to a particular election, the 20 independent audit team may conduct hand counts under this act in 21 such additional election districts as the Attorney General considers 22 appropriate to resolve any such concerns. 23 24 2. This act shall take effect on January 1, 2008. 25 26 27 STATEMENT 28 29 The purpose of this bill is to establish a procedure for the 30 mandatory audit of election results each year in randomly selected 31 voting districts in the State. The audit would be conducted by an 32 audit team appointed by the Attorney General, who would also have 33 discretion as to the number and composition of such a team but it 34 must include at least one member who has verifiable expertise in 35 the field of statistics. It will conduct random hand counts of the 36 voter-verified paper records in at least two percent of the election 37 districts where elections are held for federal or State offices, 38 including the offices of Governor and member of the Legislature, 39 and for county and municipal offices selected by the Attorney 40 General. Hand counts will also be made of the results of at least 41 one voting machine in one election district in each county where 42 elections occur each year. 43 Under the bill, the Attorney General will determine and then 44 announce publicly the districts in the State in which audits will be 45 conducted within 24 hours after the final vote count for an election. 46 Votes cast by electronic voting machines, provisional ballots 47 absentee ballots and military and overseas federal election voters 48 are to be included in the audit. If the Attorney General determines 49 S507 GILL 4 that any of the hand counts show cause for concern about the 1 accuracy of the results of any election, the independent audit team 2 may conduct hand counts in such additional election districts as the 3 Attorney General considers appropriate to resolve any such 4 concerns. 5 The bill takes effect on January 1, 2008, which is the date by which 6 voter-verified paper records must be operational on electronic 7 voting machines used in this State, pursuant to P.L.2005, c.137. 8
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