N.Y. Election Law § 16-113: Proceeding with respect to voter verifiable records

§ 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.