2023 New York Laws › ELN - Election › Article 9 - Canvass of Results › Title 2 - Canvass by Board of Elections › 9-208 - Provisions for Recanvass of Vote in Every Election District in the State; Procedure in Case of Discrepancy.

§  9-208.  Provisions for recanvass of vote in every election district
in the state; procedure in case of discrepancy. 1. Within  fifteen  days
after  each  general or special election, and within twenty days after a
primary election, and within seven days  after  every  village  election
conducted  by  the board of elections at which ballot scanners are used,
the board of elections, or a bipartisan committee  of  or  appointed  by
said board shall, in each county using ballot scanners, make a record of
the  serial number of each ballot scanner used in each election district
in such general, special or  primary  election.  No  person  who  was  a
candidate  at  such  election  shall  be  appointed to membership on the
committee.  Such  board  of  elections  or  bipartisan  committee  shall
recanvass  the  tabulated  result  tape from each ballot scanner used in
each election district by  comparing  such  tape  with  the  numbers  as
recorded  on  the  return  of canvass. The said board or committee shall
also make a recanvass of any election day paper ballots  that  have  not
been  scanned  and  were  hand  counted  pursuant  to subdivision two of
section 9-110 of this article and compare the results with the number as
recorded on the return of canvass. The board  or  committee  shall  then
recanvass  write-in  votes,  if  any,  on  ballots  which were otherwise
scanned and canvassed at polling places on election night. The board  or
committee shall validate and prove such sums. Before making such canvass
the  board  of  elections,  with respect to each election district to be
recanvassed,  shall  give  notice  in  writing  to  the  voting  machine
custodian  thereof,  to  the  state  and  county  chair of each party or
independent body which shall have  nominated  candidates  for  the  said
general  or  special  election or nominated or elected candidates at the
said primary election  and  to  each  individual  candidate  whose  name
appears  on  the office ballot, of the time and place where such canvass
is to be made; and the state and county chair  of  each  such  party  or
independent   body  and  each  such  individual  candidate  may  send  a
representative to be present at such  recanvass.  Each  candidate  whose
name appears on the official ballot, or his or her representative, shall
have  the  right  personally  to  examine  and make a record of the vote
recorded on the tabulated result tape and any ballots  which  were  hand
counted.
2. If upon such recanvass, it shall be found that the original canvass
of  the  returns  of an election district has been incorrectly made from
any tabulated result tape plus any ballots which were  hand  counted,  a
statement  in  writing  shall  be  prepared  giving  the details for any
corrections  made  for  such  election  district.  The  result  of   the
recanvass, and such statement shall be witnessed by the persons required
to  be  present  and  shall  be  filed with the board of elections. Such
recanvass of votes made pursuant hereto shall  thereupon  supersede  the
returns  filed by the inspectors of election of the election district in
which the canvass was made.
3. If upon the recanvass of an election district, it  shall  be  found
that  a  discrepancy exists between the number of voters who cast a vote
in an election  district  and  the  number  of  votes  recorded  on  the
tabulated  results  tape  plus any election day paper ballots counted by
hand the board of elections, or the  committee  thereof,  shall  proceed
thoroughly  to  examine  all  the  election  day  paper  ballots in that
election district to determine the result from such  election  district.
The  result  of this examination of election day ballots shall supersede
the returns filed by the inspectors of election of the election district
in which the canvass was made. After the completion of such examination,
the board of elections, or the committee thereof, shall then  and  there
prepare  a statement in writing giving in detail the result thereof, and

such statement shall be witnessed by the persons required to be  present
and shall be filed in the office of the board of elections.
4.  (a)  The board of elections or a bipartisan committee appointed by
the board shall conduct a full manual  recount  of  all  ballots  for  a
particular contest:
i. Where the margin of victory is twenty votes or less; or
ii. Where the margin of victory is 0.5% or less; or
iii. In a contest where one million or more ballots have been cast and
the margin of victory is less than 5,000 votes.
(b) For the purposes of this section, the term margin of victory shall
mean  the  margin between all votes cast in the entire contest following
the recanvass of votes.
(c) Where the contest involves portions of two or more  counties,  the
margin  of  victory  shall be determined by the state board of elections
based on the most recent recanvass results for the contest submitted  by
the boards of elections of the counties involved.
(d)  No  board  of elections shall commence a full manual recount of a
particular  contest  unless  and  until  such  board  of  elections  has
completed  and  announced  the  results  of  the  recanvass  required by
subdivision one of this section, for each applicable election district.
(e) The result of the manual recount of ballots  shall  supersede  the
returns  filed by the inspectors of election of the election district in
which the canvass was initially made.