senate Bill S1325A
(D) 18th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district.
TITLE OF BILL:
to amend the election law, in relation to counting of affidavit ballots
To provide for the casting and counting of ballots of voters,
otherwise eligible, when the voter appears at the wrong Election
within the proper county
SUMMARY OF PROVISIONS:
Amends Section 9-209 sub 2(a) by adding a new subparagraph 3 to
require The Board of Elections to cast and count such ballots.
In Panio & C. V. Sunderland et al., _NY3d,_, the Court of Appeals held
that, under existing law, such ballots should not be counted
Inspectors are required to offer an affidavit ballot when the voter
appears at the proper Election District but the name cannot be found
in the poll record. If the inspectors offer an affidavit ballot to a
voter who appears at the wrong Election District, this is an error of
the Board of Elections employee. The voter reasonably assumes that
his or her vote has been correctly cast. The voter should not be
disenfranchised by an error made by the Board employee.
2009-10: S.1701/A.6971A - Advanced to Third Reading
2007-08: S.1494 - Referred to Elections
2007-08: A.8336 - Referred to Elections
2005-06: A.6600 - Referred to Elections
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