NY State Senate Bill S284A

Current Bill Status - Passed Senate

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

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Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2021	referred to election law delivered to assembly passed senate
May 05, 2021	advanced to third reading
May 04, 2021	2nd report cal.
May 03, 2021	1st report cal.869
Apr 28, 2021	print number 284a
Apr 28, 2021	amend and recommit to elections
Jan 06, 2021	referred to elections

Votes

view votes

May 20, 2021 - floor Vote

S284A

floor

Aye

Nay

Absent

Excused

Abstained

May 3, 2021 - Elections committee Vote

S284A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: May 3, 2021

aye (5)

nay (2)

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S284 - Details

See Assembly Version of this Bill:: A642
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1060, S1701
2011-2012: S1325
2013-2014: S420
2015-2016: S2296
2017-2018: S4074, A8244
2019-2020: S3195, A3304

S284 - Summary

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; provides that such vote shall not be cast and canvassed for such contests for which the person was not entitled to vote at such election.

S284 - Sponsor Memo

 
BILL NUMBER: S284

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to counting of affidavit
ballots

 
PURPOSE:

New York Election Law § 9-209(2)(a) allows a ballot to be cast and
canvassed where a person was entitled to vote, but either the ballot
envelope was invalid on its face due to ministerial error by the board
of elections, or where the voter appeared at the correct polling place,
but in the incorrect election district. This bill would allow a ballot
to be cast and canvassed a when a voter appears in the correct county,
but in the incorrect polling place and election district.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new § 9-209(2)(a)(iii) of the election law

to specify that the board shall cast and canvass such portions of the
ballot that correspond to the voter's election district if the voter
appeared in the correct county, regardless of the fact that the voter
may have appeared in the incorrect polling place and election district.

  Section 2 of the bill is the effective date.

 
JUSTIFICATION:

This  bill  would  remedy  a  situation where a voter is disenfranchised
inadvertently by appearing to vote in the wrong polling  place,  but  in
the  correct county. There are many instances when a voter can inadvert-
ently go to the wrong polling place. For instance, when a polling  place
has  recently  changed,  under  construction,  or  when a voter is given
incorrect information as to where they are supposed  to  vote.  While  a
voter  that appears in the wrong election district would have his or her
ballot cast and canvassed, a voter appearing in the wrong polling  place
would not.

While  currently  treated differently under the law, to cast and canvass
ballots for each of these circumstances is  the  same  in  practice  and
substance,  and  only  those portions of the ballot that correspond with
the voter's election district would be counted. Disenfranchising  voters
is  a  harsh result and this bill would ensure that a vote'r's ballot is
counted to the maximum extent possible under such circumstances.

 
LEGISLATIVE HISTORY:

S3195A1 A3304-A of 2019-20 A.8244 of 2017-18

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S284 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    284
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, MAY, SALAZAR -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Elections
 
 AN  ACT  to amend the election law, in relation to counting of affidavit
   ballots

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 2 of
 section 9-209 of the election law, as amended by chapter 308 of the laws
 of 2011, is amended to read as follows:
   (iii) If the board of elections determines that a person was  entitled
 to  vote  at such election, the board shall cast and canvass such ballot
 if such board finds that the voter appeared at [the correct]  A  polling
 place  IN  THE CORRECT COUNTY, regardless of the fact that the voter may
 have appeared in the incorrect election  district;  PROVIDED  THAT  SUCH
 VOTE  SHALL  NOT  BE  CAST AND CANVASSED FOR SUCH CONTESTS FOR WHICH THE
 PERSON WAS NOT ENTITLED TO VOTE AT SUCH ELECTION.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02357-01-1

Co-Sponsors

S284A (ACTIVE) - Details

See Assembly Version of this Bill:: A642
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1060, S1701
2011-2012: S1325
2013-2014: S420
2015-2016: S2296
2017-2018: S4074, A8244
2019-2020: S3195, A3304

S284A (ACTIVE) - Summary

S284A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S284A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to counting of affidavit
ballots

 
PURPOSE:

New York Election Law § 9-209(2) (E) allows a ballot to be cast and
canvassed where a person was entitled to vote, but either the ballot
envelope was invalid on its face due to ministerial error by the board
of elections, or where the voter appeared at the correct polling place,
but in the incorrect election district. This bill would allow a ballot
to be cast and canvassed a when a voter appears in the correct county,
but in the incorrect polling place and election district.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subparagraph iii of paragraph a of subdivi-

sion ii of Section 9-209 of the election law as amended by chapter 308
of the laws of 2011 to specify that the board shall cast and canvass
such portions of the ballot that correspond to the voter's election
district if the voter appeared in the correct county, regardless of the
fact that the voter may have appeared in the incorrect polling place and
election district.

Section 2 amends paragraph d of subdivision 2 of section § 9-209 of the
election law as amended by chapter 104 of the laws of 2010 by allowing
an objection to a refusal to cast a ballot on the grounds that a voter
is a qualified voter of the county in which they voted.  Likewise, a
cast or canvassed ballot can be objected to on the grounds the voter was
not a qualified voter of the county in which they voted.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

This bill would remedy a situation where a voter is disenfranchised for
inadvertently appearing to vote in the wrong polling place, but in the
correct county. There are many instances when a voter can inadvertently
go to the wrong polling place. For instance, when a polling place has
recently changed, under construction, or when a voter is given incorrect
information as to where they are supposed to vote. While a voter that
appears in the wrong election district would have his or her ballot cast
and canvassed, a voter appearing in the wrong polling place would not.

While currently treated differently under the law, to cast and canvass
ballots for each of these circumstances is the same in practice and
substance, and only those portions of the ballot that correspond with
the voter's election district would be counted. Disenfranchising voters
is a harsh result and this bill would ensure that a voter's ballot is
counted to the maximum extent possible under such circumstances.

 
LEGISLATIVE HISTORY:

S3195A/ A3304-A of 2019-20
A.8244 of 2017-18
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S284A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  284--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, MAY, REICHLIN-MELNICK, SALAZAR -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Elections -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee

 AN  ACT  to amend the election law, in relation to counting of affidavit
   ballots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 2 of
 section 9-209 of the election law, as amended by chapter 308 of the laws
 of 2011, is amended to read as follows:
   (iii) If the board of elections determines that a person was  entitled
 to  vote  at such election, the board shall cast and canvass such ballot
 if such board finds that the voter appeared at [the correct]  A  polling
 place  IN  THE CORRECT COUNTY, regardless of the fact that the voter may
 have appeared in the incorrect election  district;  PROVIDED  THAT  SUCH
 VOTE  SHALL  NOT  BE  CAST AND CANVASSED FOR SUCH CONTESTS FOR WHICH THE
 PERSON WAS NOT ENTITLED TO VOTE AT SUCH ELECTION.
   § 2. Paragraph (d) of subdivision 2 of section 9-209 of  the  election
 law,  as  amended by chapter 104 of the laws of 2010, is amended to read
 as follows:
   (d) Any person lawfully present may object to the refusal to  cast  or
 canvass any ballot on the grounds that the voter is a properly qualified
 voter of the [election district] COUNTY IN WHICH THAT VOTER VOTED, or in
 the case of a party primary duly enrolled in such party, or to the cast-
 ing  or  canvassing of any ballot on the grounds that the voter is not a
 properly qualified voter of the [election district] COUNTY IN WHICH THAT
 VOTER VOTED, or in the case of a party primary not duly enrolled in such
 party, or otherwise not entitled to cast  such  ballot.  When  any  such
 objection  is  made,  the  central  board  of inspectors shall forthwith
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02357-02-1

 S. 284--A                           2
 
 proceed to determine such objection  and  reject  or  cast  such  ballot
 according  to  such  determination.  If the board cannot agree as to the
 validity of the ballot it shall set the ballot aside,  unopened,  for  a
 period  of  three days at which time the ballot envelope shall be opened
 and the vote counted unless otherwise directed by an order of the court.
   § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S284A

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 20, 2021 - floor Vote

Floor Vote: May 20, 2021

May 3, 2021 - Elections committee Vote

Elections Committee Vote: May 3, 2021

Bill Amendments

Co-Sponsors

S284 - Details

S284 - Summary

S284 - Sponsor Memo

S284 - Bill Text download pdf

Co-Sponsors

S284A (ACTIVE) - Details

S284A (ACTIVE) - Summary

S284A (ACTIVE) - Sponsor Memo

S284A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S284A

Share this bill

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 20, 2021 - floor Vote

Floor Vote: May 20, 2021

May 3, 2021 - Elections committee Vote

Elections Committee Vote: May 3, 2021

Bill Amendments

Co-Sponsors

S284 - Details

S284 - Summary

S284 - Sponsor Memo

S284 - Bill Text download pdf

Co-Sponsors

S284A (ACTIVE) - Details

S284A (ACTIVE) - Summary

S284A (ACTIVE) - Sponsor Memo

S284A (ACTIVE) - Bill Text download pdf

Comments