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Code · New York · Election · Judicial Proceedings

§ 16-113. Proceeding with respect to voter verifiable records.

222 words·~1 min read·/ny/election/judicial-proceedings/16-113

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§ 16-113. Proceeding with respect to voter verifiable records. The
supreme court, by a justice within the judicial district, or the county
court, by a county judge within his or her county, in a special
proceeding by any candidate or his or her agent, may direct a manual
audit of the voter verifiable audit records applicable to any candidate
running for office within such judicial district or county where
(1)the
uniform statewide standard promulgated by regulation by the state board
of elections pursuant to subdivision three of section 9-211 of this
chapter with respect to discrepancies between manual audit tallies and
voting machines or systems tallies requires a further voter verifiable
record audit of additional voting machines or systems or all voting
machines or systems applicable to such election, or
(2)where evidence
presented to the court otherwise indicates that there is a likelihood of
a material discrepancy between such manual audit tally and such voting
machine or system tally, or a discrepancy as defined in subdivision
three of section 9-208 of this chapter, which creates a substantial
possibility that the winner of the election as reflected in the voting
machine or system tally could change if a voter verifiable record audit
of additional voting machines or systems or of all voting machines or
systems applicable to such election were conducted.
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