New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6210 - Routine Maintenance and Testing of Voting Systems, Operational Procedures, and Standards for Determining Valid Votes › Section 6210.18 - Three-percent audit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
				required by NYS Election Law, section
				9-211, the Board of Elections or a
				bipartisan team appointed by such board shall manually count all votes of the
				voter verifiable paper audit trail (VVPAT) from no less than three percent of
				each type of voting machine or system used within the county, provided,
				however, that there shall be a manual count of at least one of each type of
				voting machine or system used therein for each public office and any questions
				or proposals appearing on the ballot. The conduct of such random audit shall be
				in a manner consistent with procedures prescribed by the State Board of
				Elections.
(b) The voting machines
				or systems to be audited to meet the county-wide minimum requirement set forth
				in subdivision (a) of this section shall be selected by lot through a
				transparent, random, manual process where all selections of machines or systems
				used in the county are equally probable. The voting machines or systems to be
				audited to meet the requirements for a specific contest set forth in
				subdivision (a) of this section shall be selected by lot through a transparent,
				random, manual process where all selections of machines or systems used in the
				contest within each county are equally probable. The county boards shall adopt
				one of the random, manual selection methods prescribed by the State Board of
				Elections or such county board may submit for approval by the State Board a
				proposed alternative random, manual selection method. County board adoption of
				the prescribed random, manual selection method shall take place not later than
				45 days after the purchase of a voting system and notice by the county board of
				the adoption of such random, manual selection method shall be filed with the
				State Board.
(1) As required by NYS Election
				Law, section
				9-211, not less than five days prior to
				the time fixed for the random 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 and to the State Board. Such
				notice shall state the time and place fixed for such random selection process.
				Such random selection process shall not occur until after election day. 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 random selection process and the subsequent audit.
(2) Such notice shall also announce the date,
				time, and location that the audit shall commence, information on the number of
				audit teams which will conduct such audit, and such other information that the
				county board deems necessary.
(3)
				The county board shall at a single session randomly select from all machines
				and systems used within the county in the election so that no further drawings
				are required if anomalies are encountered during the manual audit. The audit
				shall commence on the same day as the random, manual selection
				process.
(4) Prior to auditing the
				audit records, the county board shall distribute to those in attendance at the
				audit session, copies of the list showing the number of machines and systems
				needed to meet the audit requirement and the unofficial vote results per voting
				machine or system selected for audit.