NY State Assembly Bill 2009-A8834

Assembly Bill A8834

2009-2010 Legislative Session

Makes technical corrections to provisions of law pertaining to the qualification and cancellation of voter registration; and the investigation surrounding such issue

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to election law
Jun 11, 2009	referred to election law

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2009-A8834 (ACTIVE) - Details

See Senate Version of this Bill:: S5398
Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §§5-702 & 5-220, El L
Versions Introduced in 2011-2012 Legislative Session:: S2426

2009-A8834 (ACTIVE) - Summary

Makes technical corrections to provisions of law pertaining to the qualification and cancellation of voter registration; and the investigation surrounding such issues.

2009-A8834 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8834

TITLE OF BILL:
An act to amend the election law, in relation to making technical
corrections thereto

PURPOSE:
To make investigations of a voter's qualifications, including residency
less intimidating and requiring those challenging the registrations of
voters to affirm under penalty of perjury that the complaint is not
frivolous.

SUMMARY OF PROVISIONS:
Section one amends section 5-702 of the election law by deleting the
provision requiring the police to conduct investigations and replacing
it with employees of the state or local board of elections.  It also
requires an investigation be completed within seven days of being insti-
tuted.

Section two amends section 5-220 of the election law by adding the
words, "under penalty of perjury" to the challenge affidavit a challen-
ger is required to swear to. The bill also entitles a voter to notice
and a hearing, if, at the conclusion of an investigation it is deter-
mined their registration should be cancelled.

Subdivision two of section 5-220 is also deleted, which requires voters,

to be challenged at the polls in the event a challenge was filed before
the election and the investigation is not completed before polls open.

Section three directs the State Board of Elections to promulgate rules
and regulations governing the notice and hearing requirements set forth
in section two.

Section four is the enactment date.

EXISTING LAW:
Current law requires the police, upon challenge to a voter's registra-
tion to conduct said investigation. In addition, a person challenging a
voter's registration is not required to affirm their knowledge under
penalty of perjury. Finally, any voter who is subject to having their
registration cancelled pursuant to a challenge is not entitled to a
hearing on the issue.

JUSTIFICATION:
Many times there are legitimate challenges to a voter's registration
(i.e. residency, age, whether. they are living, felony conviction
etc...) that require further research by election officials in order to
determine whether or not they have a legitimate right to exercise the
franchise. While the law currently spells out a process for instituting
challenges to a voter's registration, many of the key protections one

would expect to see are surprisingly absent. This bill would seek to
remedy such deficiencies through the following amendments.

The bill makes the process for challenging registrations less intimidat-
ing. Under the current law once a registration is challenged the police
are instructed to conduct a full blown investigation, including going to
the home of the voter and interviewing them. This requirement, while it
may be necessary can be seen as intimidating for many voters. As such,
use of the police has been eliminated, and instead board of election
employees will conduct the research, including any field investigation.

The bill attempts to add some additional rights to those who are chal-
lenged by requiring investigations be completed within seven days of
institution and entitling those who are challenged to notice of the
board's determination and a hearing under current law there is no time-
frame in which an investigation is to be completed and a voter is not
entitled to a hearing on said determination.

Section 5-220(2) is also deleted, which requires a voter to be chal-
lenged at the polls in the event the investigation is not completed
prior to the election. Under that section of law, hypothetically
hundreds of voters could be challenged days before an election and
placed on a challenge list without even knowing it and before an inves-
tigation is even under way. Such a challenge is patently unfair, espe-
cially given the fact a voter may not even know they are subject to a
challenge. Just as one is presumed innocent before trial, a person's
right to vote should not be impeded until an investigation is completed
and they are given an opportunity to answer the findings of the board.

Finally, this legislation requires any person who challenges a voter's
registration under section 5220(1) to swear or affirm under penalty of
perjury that what they are stating is true to the best of their know-
ledge. Currently, and despite the fact that the challenger must set
forth this information in the form of an affidavit, no penalty of perju-
ry is set forth in the statute. This legislation would add such
language, curtailing the possibility of widespread, frivolous challenges
by subjecting the affiant to the penalties of perjury.

LEGISLATIVE HISTORY:
2007-08 A.6712 (Latimer)

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2009-A8834 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8834

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2009
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Election Law

AN ACT to amend the  election  law,  in  relation  to  making  technical
  corrections thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5-702 of the election law, subdivisions 1 and 6  as
amended  by  chapter 339 of the laws of 1986 and subdivisions 7 and 9 as
amended by chapter 659 of the laws  of  1994,  is  amended  to  read  as
follows:
  S 5-702. Voters' check cards; investigation. 1. The board of elections
shall  cause  a  bipartisan team of regular or special employees of such
board to conduct an investigation of the qualifications to register  and
vote,  or  cause  a voter's check card to be prepared for each voter who
was registered after being challenged or who was challenged after regis-
tration and, if requested by any member of  the  board,  for  any  other
voter.  [The  board shall forthwith deliver each such voter's check card
to the head of the police department in the city,  town  or  village  in
which  the  voter resides, or, if there be no such police department, to
the sheriff or head of the police department of the  county.  The  board
shall make and retain an inventory list of all cards so delivered.]
  2.  The  [head  of  the  police department or sheriff] COUNTY OR STATE
BOARD OF ELECTIONS, forthwith shall cause an investigation to be made to
determine, in each instance, whether the  registrant  resides,  and  how
long  he  OR SHE has resided, at the address at which he OR SHE claims a
residence, and to check the facts relating to why the  voter  was  chal-
lenged.  Such  investigation  shall  be completed within five days after
receipt of such check cards.  Each check card shall be signed  with  the
title  or rank, badge number, if any, and signature of the [police offi-
cer, sheriff or deputy] INVESTIGATING OFFICER FOR THE BOARD OF ELECTIONS
making the investigation, who shall note above such signature whether he

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09475-01-9

A. 8834                             2

OR SHE personally interviewed the registrant and, if not, the full  name
of  at  least  one other person whom he OR SHE personally interviewed at
the registrant's claimed residence or place of  employment;  the  place,
date  and  hour  of  such  interview;  the  family relationship, if any,
between the registrant and the person interviewed; and any reason he  OR
SHE  may  have  to  believe  that  the registrant does not reside at the
address given or does not possess the qualifications prescribed by  this
chapter for eligibility for registration. If he OR SHE is satisfied that
the  registrant resides at such address and does possess such qualifica-
tions [he] THE INVESTIGATING OFFICER shall write the word "valid"  above
his  OR  HER signature. If [the] SUCH INVESTIGATING officer charged with
or actually making such investigation knows [of his] WITH personal know-
ledge that the registrant is a qualified voter in the election  district
in  which  such  registrant  claims  a residence, he OR SHE may, without
further investigation, endorse on such check card[, above his  title  or
rank,  badge  number, if any, and signature,] the words "Valid; Personal
knowledge." [Such endorsement shall be considered for all purposes as  a
statement under oath by such officer that the registrant is qualified to
vote from the residence claimed.]
  3. [No later than the sixth day after receipt of such check cards from
the  board  of  elections  the  head of the police department or sheriff
shall return them, in sealed wrappers and in each instance  endorsed  as
required  by subdivision two of this section, to the board of elections.
Each wrapper shall contain all of the check cards for a single  election
district, alphabetically arranged in two groups.] AN INVESTIGATION SHALL
BE  CONDUCTED  WITHIN  A  SEVEN  DAY  PERIOD.   THE CHECK CARDS SHALL BE
DIVIDED INTO TWO GROUPS. The first group shall  contain  all  the  check
cards  marked  "Valid"  or "Valid: Personal knowledge." The second group
shall contain the remainder of such check cards. On the  face  of  [the]
EACH  wrapper  such  [forwarding] officer shall cause to be noted his OR
HER name and [the title of his office, the city, town or village, assem-
bly district or ward, if any, and] the election district of the cards in
the wrapper[, the total number of check cards marked "Valid" and "Valid;
Personal knowledge", the number of other check cards, and the  total  of
all  check  cards  contained in such wrapper. With each such wrapper the
forwarding officer shall present to the board of  elections  a  receipt,
containing  the  information  required to be stated on such wrapper. The
original of such receipt shall be retained by  the  forwarding  officer.
The duplicate of such receipt shall be filed in the board of elections].
  4. The board of elections forthwith shall compare such check cards for
each  election district with the [inventory list prepared as directed by
subdivision one of this  section,  the]  certificates  executed  by  the
registration  board,  the challenge affidavits executed in such district
and returned to the board of elections and the registration cards of all
applicants for whom check cards were executed and shall investigate  any
discrepancies.
  5.  The  board  of elections shall file all such check cards which are
marked "Valid" or "Valid: Personal knowledge" in a separate  file  main-
tained  by  it  for  such  purpose. Within such file, all cards shall be
arranged by election districts and alphabetically within such districts.
  6. The board of elections shall likewise file  all  such  check  cards
which  are  not marked "Valid" or "Valid: Personal knowledge" in a sepa-
rate file or ledgers maintained by it for such purpose.
  7. If it appears from the check card  that  the  registrant  does  not
reside  at  the  address  from  which he OR SHE is registered, the board
shall proceed in the manner prescribed by section 5-402 of this article.

A. 8834                             3

  8. Whenever it appears to the satisfaction of  a  board  of  elections
that  any  voter  or  witness has made a false statement, whether or not
under oath, affecting his OR HER qualifications to be registered or  has
given  false  testimony at any hearing affecting such registration, such
board  forthwith  shall  forward  such  statement  or  testimony  to the
district attorney and the district attorney forthwith shall present  the
matter to the grand jury.
  9.  Check cards. The state board of election shall prescribe a form of
registration check card for use pursuant to this article.
  S 2. Section 5-220 of the election law, subdivision 1  as  amended  by
chapter 373 of the laws of 1978, is amended to read as follows:
  S 5-220. Registration; challenge after registered. [1.] Any person may
challenge the registration of a voter by executing and delivering to the
board of elections or a board taking registrations, his OR HER affidavit
that  he  OR  SHE  has  reason to believe that such voter's registration
should be cancelled. Such affidavit shall  contain  the  affiant's  full
name,  residence, and business address, the name of his OR HER employer,
the registration serial number of the person challenged and a recital of
the reasons and the facts supporting affiant's belief  that  the  person
challenged  lacks the qualifications for voting prescribed in this chap-
ter and specified in such affidavit. The affidavit shall  state  if  the
reasons  for  challenge are based upon the affiant's personal knowledge,
or upon information received  from  another  person.  If  the  affiant's
belief  is  based  upon  information furnished by another, the affidavit
shall recite the name of the person furnishing the information  and  the
basis  for  his  OR  HER  information. After the affiant has signed such
affidavit a member of such board shall read to him OR  HER  and  request
him OR HER to sign the following oath, which shall be subscribed by such
affiant  AS  FOLLOWS:  "I do solemnly swear (or affirm) UNDER PENALTY OF
PERJURY that the foregoing statement made by me on  (insert  day,  month
and year) is a truthful disclosure of the reasons for my belief that the
registered voter therein named is not qualified to continue to be regis-
tered in the election district in which he OR SHE is now registered." If
the  affiant  shall  take  and  sign such oath, the members of the board
shall sign their names as witnesses below the affiant's subscription  to
such oath. Each such affidavit shall be directed toward the challenge of
only  one registrant. The board shall give full assistance to any person
desiring to execute such an affidavit.  The  board  of  elections  shall
furnish the necessary forms. Upon receipt of such affidavit the board of
elections forthwith shall conduct an investigation of the voter's quali-
fications to remain registered in the same manner as provided for appli-
cations for personal registration by mail. Any person whose registration
is  so challenged shall be notified thereof by the board of elections by
registered or certified mail within five days  after  the  affidavit  is
received  by  it.    UPON  A  FINDING  AND DETERMINATION BY THE BOARD OF
ELECTIONS AFTER SUCH AN INVESTIGATION  HAS  BEEN  CONDUCTED,  AND  AFTER
NOTICE HAS BEEN PROVIDED TO SUCH VOTER PURSUANT TO SECTION 5-402 OF THIS
ARTICLE  THE VOTER'S REGISTRATION SHALL BE CANCELLED. IN ADDITION TO THE
VOTER'S RIGHT TO REREGISTER PROVIDED UNDER SECTION 5-402 OF  THIS  ARTI-
CLE,  A  VOTER  WHOSE  REGISTRATION  HAS BEEN CANCELLED PURSUANT TO THIS
SECTION SHALL BE ENTITLED TO A HEARING ON NOTICE.
  [2. If the board of elections cannot complete  its  investigation,  or
cannot make a determination before the next election at which the regis-
trant  could  vote,  it  shall  place  his name on a challenge list as a
person to be challenged when voting.]

A. 8834                             4

  S 3. The state board of elections  shall  immediately  promulgate  any
rules and regulations necessary for the implementation of this act on or
before  its  effective date, specifically pertaining to the hearings and
notice requirement set forth in section 5-220 of the election law.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Assembly Bill A8834

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LATIMER