2023 New York Laws
ELN - Election
Article 9 - Canvass of Results
Title 2 - Canvass by Board of Elections
9-211 - Audit of Voter Verifiable Audit Records.

§  9-211.  Audit  of voter verifiable audit records. 1. Within fifteen
  days after each general or special election, within thirteen days  after
  every  primary  election,  and  within  seven  days  after every village
  election conducted by the board of elections, the board of elections  or
  a  bipartisan  committee  appointed  by such board shall audit the voter
  verifiable audit records  from  three  percent  of  voting  machines  or
  systems  within  the  jurisdiction  of  such  board.  Such audits may be
  performed manually or via the use of any automated tool  authorized  for
  such  use  by the state board of elections which is independent from the
  voting system it is being used to  audit.  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.  Within  three  days  of  any election, the board of elections or a
  bipartisan committee appointed by such board  shall  audit  the  central
  count  ballot  scanners  by  auditing  the ballots from three percent of
  election districts that were  tabulated  by  such  scanners  within  the
  jurisdiction  of such board by that time. All provisions of this section
  shall otherwise apply to such audit. To the  extent  additional  ballots
  are  tabulated  through  central count ballot scanners after the initial
  audit, three percent of election districts shall thereafter  be  audited
  as to the additional ballots tabulated. The certification of the canvass
  shall  not  await  the  completion  of  such additional audit; provided,
  however, if upon the completion of such additional  audit  the  criteria
  are  met  for  the  results of the audit to replace the canvass then the
  board of canvassers shall forthwith reconvene and adjust the canvass  as
  required.
3.  The  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.
4.  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 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  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.
5. 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.
6.  Notwithstanding  subdivision  five  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.