senate Bill S1688

Amended

Relates to the removal of a voter from voting rolls due to death

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ELECTIONS
  • 22 / Apr / 2013
    • 1ST REPORT CAL.366
  • 23 / Apr / 2013
    • 2ND REPORT CAL.
  • 24 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO ELECTIONS
  • 09 / Jan / 2014
    • PRINT NUMBER 1688A

Summary

Relates to the removal of a voter from voting rolls due to death.

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Bill Details

See Assembly Version of this Bill:
A2588
Versions:
S1688
S1688A
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Add ยง5-714, El L
Versions Introduced in 2011-2012 Legislative Cycle:
S7687, A10774

Votes

9
0
9
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Elections committee vote details

Sponsor Memo

BILL NUMBER:S1688

TITLE OF BILL: An act to amend the election law, in relation to
removal of a voter from voting rolls due to death

PURPOSE OF BILL: The purpose of this bill is to ensure that the name
of a deceased person is removed from the voting roll upon their death.

SUMMARY OF PROVISIONS: Section One amends article five of the election
law as it pertains to the registration and enrollment of voters by
adding a new section 5-714. The Board of Elections for each county and
in the City of New York would be required to annually review the
social security administration death master file and remove the names
of any and all deceased voters. A safeguard exists to allow an
individual to vote via affidavit ballot in the event that their name
is erroneously removed from the voting roll.

Section Two contains the effective date.

JUSTIFICATION: The Election Law currently provides that the name of a
voter must be removed from the registration roll upon their death.
However, no mechanism exists to ensure that their name is in fact
removed.

A new report by the Pew Center on the States finds that more than 1.8
million dead people are registered to vote throughout the country.
This raises the concern that our election system may be vulnerable to
fraud. It is imperative that our voters have confidence in our
election system.

A study conducted by the Poughkeepsie Journal in October 2006 of the
New York State voting database found that the list contained the names
of as many as 77,000 deceased individuals, and that as many as 2,600
of them had cast votes from the grave. The analysis consisted of the
matching of names, dates of birth, and zip codes of registered voters
against the same information in the Social Security Administration
"Death Master File".

This bill also protects voters who may be erroneously removed from the
voter registration roll by allowing them to vote via an affidavit
ballot in the same manner that an inactive voter would be permitted to
vote.

While it is true that the New York City Department of Health and the
New York State Department of Health currently transmit a list of
deceased persons to the state board of elections, for removal from the
list of eligible voters, this list is not compiled in real time, nor
does it consist of the names of individuals who have died out of the
state.

FISCAL IMPLICATIONS: None to the State.

PRIOR LEGISLATIVE HISTORY: 2012 -- Rules

EFFECTIVE DATE: This act shall take effect immediately.


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

                                  1688

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. ZELDIN, MAZIARZ -- 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 removal of a voter from
  voting rolls due to death

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

  Section  1.  The election law is amended by adding a new section 5-714
to read as follows:
  S 5-714. DEATH OF A REGISTERED VOTER. 1. PURSUANT TO PARAGRAPH (E)  OF
SUBDIVISION  ONE OF SECTION 5-400 OF THIS ARTICLE, DEATH SHALL RESULT IN
THE CANCELLATION OF A VOTER'S REGISTRATION. IN ORDER TO ENSURE THAT  THE
NAME  OF  A  VOTER IS REMOVED FROM THE REGISTRATION ROLL UPON DEATH, THE
NEW YORK STATE BOARD OF ELECTIONS, OR THE BOARD  OF  ELECTIONS  IN  EACH
COUNTY  AND  IN NEW YORK CITY, SHALL REVIEW THE SOCIAL SECURITY ADMINIS-
TRATION DEATH MASTER FILE ON AN ANNUAL BASIS, PRIOR TO AUGUST  FIRST  OF
EACH CALENDAR YEAR, AND REMOVE THE NAMES OF ALL DECEASED VOTERS FROM THE
REGISTRATION ROLL.
  2.  IN  THE  EVENT THAT AN INDIVIDUAL CLAIMS THAT THEIR NAME WAS ERRO-
NEOUSLY REMOVED FROM THE ROLL, THEY SHALL BE ENTITLED  TO  CAST  A  VOTE
THROUGH  AN AFFIDAVIT BALLOT IN THE SAME MANNER AS A VOTER WHO IS DEEMED
TO BE INACTIVE.  UPON THIS EVENT, THE BOARD OF ELECTIONS SHALL  COMMENCE
AN  INQUIRY  TO DETERMINE WHETHER THE NAME OF THE VOTER HAS IN FACT BEEN
REMOVED FROM THE REGISTRATION ROLL DUE TO AN ERROR. IN THE EVENT THAT AN
ERROR IS FOUND, THE AFFIDAVIT BALLOT SHALL BE COUNTED AND  THE  INDIVID-
UAL'S NAME SHALL BE REINSTATED ON THE REGISTRATION ROLL.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01053-01-3

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