NY State Senate Bill 2009-S5398

Senate Bill S5398

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 Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2010	reported and committed to finance
Mar 23, 2010	reported and committed to codes
Jan 06, 2010	referred to elections
Apr 27, 2009	referred to elections

Votes

- Mar 23, 2010 - Elections Committee Vote
  S5398
  
  4
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Mar 23, 2010
      
      aye (4)
      
      Addabbo Jr.
      
      Dilan
      
      Foley
      
      Serrano
      
      nay (2)
      
      Griffo
      
      Libous
      
      excused (1)
      
      Morahan
  Jun 8, 2010 - Codes Committee Vote
  S5398
  
  9
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 8, 2010
      
      aye (9)
      
      Breslin
      
      Duane
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (7)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Lanza
      
      Saland
      
      Volker

co-Sponsors

2009-S5398 (ACTIVE) - Details

See Assembly Version of this Bill:: A8834
Current Committee:: Senate Finance
Law Section:: Election Law
Laws Affected:: Amd §§5-702 & 5-220, El L
Versions Introduced in 2011-2012 Legislative Session:: S2426

2009-S5398 (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-S5398 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5398

 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
instituted.

Section two amends section 5-220 of the election law by adding the
words, "under penalty of perjury" to the challenge affidavit a
challenger 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
determined 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
registration 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 registrations, 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
intimidating. 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
challenged 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
timeframe 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
challenged 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 investigation is even under way. Such a challenge is
patently unfair, especially 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 5-220(1) to swear or affirm under penalty
of perjury that what they are stating is true to the best of their
knowledge. Currently, and despite the fact that the challenger must
set forth this information in the form of an affidavit, no penalty of
perjury 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 :
Senate: S.3933 of 2008.

 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-S5398 (ACTIVE) - Bill Text download pdf

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

                                  5398

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  HASSELL-THOMPSON, MONTGOMERY --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Elections

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

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

S. 5398                             2

making the investigation, who shall note above such signature whether he
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.

S. 5398                             3

  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.
  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-

S. 5398                             4

trant  could  vote,  it  shall  place  his name on a challenge list as a
person to be challenged when voting.]
  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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Senate Bill S5398

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Sponsored By

Andrea Stewart-Cousins