[HISTORY: Adopted by the County Legislature of the County
of Ulster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-17-2015 by L.L. No. 5-2015]
A.
The Ulster County Legislature hereby determines that it is appropriate
and necessary to adopt a local law requiring the automatic re-canvassing
of all paper and optical scan ballots cast for a given contest provided
that certain criteria as set forth herein have been satisfied.
B.
The County of Ulster is authorized to enact a local law requiring
an automatic re-canvasing of the ballots cast in accordance with the
New York State Election Law and New York State Municipal Home Rule
Law.
C.
No provision of this article is intended to supplant or contradict
any provision of New York State Election Law.
As used in this article, the following terms shall have the
meanings indicated:
County of Ulster, State of New York.
Any primary, regular or special election for municipal office,
or referendum held within the County of Ulster, State of New York.
This article shall not extend to any contests for municipal office
or referendum if such contest or referendum crosses beyond the geographical
borders of the County of Ulster, State of New York.
[Amended 8-18-2015 by L.L. No. 11-2015]
Difference between the number of votes cast for the winner
certified by the Ulster County Board of Elections and the next highest
vote getter.
A.
Forthwith after a primary, regular or special election for municipal office and prior to certification of the final vote count, the Ulster County Board of Elections shall manually re-canvass, upon request as described in Subsection G below, all paper ballots for a given election where one person is to be elected in an election contest if the following criteria are met:
[Amended 8-18-2015 by L.L. No. 11-2015; 7-21-2020 by L.L. No. 6-2020]
(1)
The margin of victory is less than 1/2 of 1% of the total votes cast,
minus blanks and voids, in any particular contest where the total
number of votes cast is less than 3,000; or
(2)
The margin of victory is less than 0.2% of the total votes cast,
minus blanks and voids, in any particular contest where the total
number of votes cast is 3,000 or greater.
B.
Forthwith after a primary, regular election for municipal office, and prior to certification of the final vote count, the Ulster County Board of Elections shall, upon request as described in Subsection G below, manually re-canvass all paper ballots for a given election where more than one person is to be elected in a single election contest if the following criteria are met:
[Amended 8-18-2015 by L.L. No. 11-2015; 7-21-2020 by L.L. No. 6-2020]
(1)
The margin of victory between the candidate who won the election
with the least votes and the candidate who lost the election with
the most votes is less than or equal to 1/2 of 1% of the votes cast
for the candidate who won the contest with the least votes.
C.
Forthwith after an election or referendum and prior to the certification
of the final vote count wherein the difference between a "Yes" and
"No" on a question was less than 1/2 of 1% of the total number of
votes cast, minus blanks and voids, for a question but not more than
2,000 votes, and prior to certification of the final vote count, the
Ulster County Board of Elections shall manually re-canvass all paper
ballots for the election.
[Amended 8-18-2015 by L.L. No. 11-2015]
D.
If any of the margin of victory thresholds in Subsection A, B, or C of this section are met following the closing of polls on any election day, the Ulster County Board of Elections shall automatically expand their 3% canvas to be inclusive of 100% of voting ballots.
[Amended 8-18-2015 by L.L. No. 11-2015; 7-21-2020 by L.L. No. 6-2020]
E.
The method of re-canvassing as prescribed in this article shall be
in accordance with the New York State Election Law.
[Amended 8-18-2015 by L.L. No. 11-2015]
F.
Cost of automatic re-canvassing. The cost of any automatic re-canvassing
provided for in this article shall be borne by the Ulster County Board
of Elections.
G.
The losing candidate in a contest that meets the criteria as set
forth above, or either candidate in the event each candidate receives
the exact same number of votes, may, by written notice filed with
the Ulster County Board of Elections within five days after the date
of the election for which the ballots are to be re-canvassed, request
the automatic re-canvass provisions of this article be imposed. Upon
receipt of such filing, and only upon receipt of such filing, shall
re-canvassing provisions be automatically initiated.
[Amended 8-18-2015 by L.L. No. 11-2015; 7-21-2020 by L.L. No. 6-2020]
H.
All re-canvassing provided for in this article shall be completed
prior to January 1 of the year immediately following the election
for which the re-canvassing is being performed.
[Added 7-21-2020 by L.L.
No. 6-2020]
