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

                                 4015--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by M. of A. KAVANAGH, FARRELL, BING, CASTRO, DINOWITZ, REIL-
  LY, CAMARA, KELLNER, BARRON, MILLMAN -- Multi-Sponsored by -- M. of A.
  GOTTFRIED, HEVESI, JEFFRIES, LUPARDO, MENG, WEINSTEIN, WRIGHT --  read
  once  and  referred  to  the  Committee  on  Election Law -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the election law, in relation to requests for  affidavit
  ballots including application for registration and enrollment

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

  Section 1. Subdivision 5 of section  5-210  of  the  election  law  is
amended by adding a new paragraph (m) to read as follows:
  (M)  THE  FORM OF AFFIDAVIT PRESCRIBED BY THE STATE BOARD OF ELECTIONS
FOR REQUESTS FOR AFFIDAVIT  BALLOT  PURSUANT  TO  SUBDIVISION  THREE  OF
SECTION  8-302  OF THIS CHAPTER SHALL BE DEEMED TO MEET THE REQUIREMENTS
OF THIS SECTION. ANY APPLICATION FOR REGISTRATION RECEIVED ON  THE  FORM
OF AFFIDAVIT SHALL BE ACCEPTED IF THE APPLICANT IS OTHERWISE ELIGIBLE TO
REGISTER TO VOTE PURSUANT TO THE PROVISIONS OF THIS ARTICLE, HOWEVER THE
FAILURE TO COMPLETE THE VOTER REGISTRATION APPLICATION APPEARING ON SUCH
AFFIDAVIT ENVELOPE SHALL NOT OTHERWISE INVALIDATE THE AFFIDAVIT BALLOT.
  S 2. Subdivision 4 of section 5-304 of the election law, as amended by
chapter 659 of the laws of 1994, is amended to read as follows:
  4.  Registered voters may apply for change of enrollment personally by
mail to or by appearing before a county board of elections or by appear-
ing before a board of inspectors.  If  the  applicant  has  appeared  in
person  and if the board finds that he OR SHE is properly registered, it
shall provide the applicant with an application form for voter registra-
tion by mail which shall be treated as  an  application  for  change  of
enrollment  filed  pursuant  to  this  section. If the voter has applied
personally by mail, the county board of elections shall mail him OR  HER
an  application  form for voter registration by mail as provided by this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06332-02-9
              

A. 4015--A                          2

chapter. If a registered voter submits an application form for registra-
tion or enrollment as provided  by  this  chapter,  from  the  residence
address  from which he OR SHE is then registered, and such form reflects
a  change  of enrollment, the county board of elections shall treat such
form as an application for change of enrollment filed pursuant  to  this
section.  If  such application form also sets forth a new address within
the same city or county, the board of elections shall  also  treat  such
form  as an application for transfer of registration pursuant to section
5-208 of this article.  IF A VOTER HAS CAST A  BALLOT  IN  AN  AFFIDAVIT
BALLOT  ENVELOPE ON WHICH SUCH VOTER CLAIMS A PARTY ENROLLMENT DIFFERENT
FROM THE ENROLLMENT IN THE RECORDS OF THE BOARD OF ELECTIONS, SUCH AFFI-
DAVIT SHALL BE TREATED AS AN APPLICATION FOR CHANGE OF ENROLLMENT.
  S 3. Section 5-403 of the election law is amended to read as follows:
  S 5-403. Rejection of ballot of unqualified voter; notice of action by
board.  [Whenever] IF the ballot of any person, voted  in  an  affidavit
envelope in the manner prescribed by this chapter, is rejected under the
provisions  of  this  chapter  on  the grounds that such person is not a
qualified voter of the election district wherein he  OR  SHE  sought  to
vote,  or  is  not duly enrolled in the party in whose primary he OR SHE
sought to vote AND IF SUCH PERSON  HAS  COMPLETED  THE  APPLICATION  FOR
REGISTRATION  AND  ENROLLMENT  OR CHANGE OF ENROLLMENT ON SUCH AFFIDAVIT
ENVELOPE, the board of elections shall PROCESS SUCH  AN  APPLICATION  IN
THE SAME MANNER AS OTHER APPLICATIONS FOR REGISTRATION AND ENROLLMENT OR
CHANGE  OF  ENROLLMENT.  THE BOARD OF ELECTIONS SHALL immediately notify
such person by first class mail directed to the address given in his  OR
HER  affidavit, of the rejection of his OR HER ballot, together with the
reason [therefore] THEREFOR and, IF SUCH PERSON HAS  NOT  COMPLETED  THE
APPLICATION FOR REGISTRATION BY MAIL, the appropriate information on the
times  and  places where he OR SHE may register, re-register, enroll, or
change or correct his OR HER enrollment. Where appropriate,  a  form  of
application  for  personal  registration  by mail shall be included with
such notice.
  S 4. Subparagraph (ii) of paragraph (e) of subdivision  3  of  section
8-302  of  the  election  law,  as amended by chapter 200 of the laws of
1996, is amended to read as follows:
  (ii) He OR SHE may swear to and subscribe an affidavit stating that he
OR SHE has duly  registered  to  vote,  the  address  in  such  election
district  from which he OR SHE registered, that he OR SHE remains a duly
qualified voter in such election district, that his OR HER  registration
poll  record  appears  to  be  lost or misplaced or that his OR HER name
and/or his OR HER signature was  omitted  from  the  computer  generated
registration  list or that he OR SHE has moved within the county or city
since he OR SHE last registered, the address from which he  OR  SHE  was
previously  registered  and  the  address  at  which he OR SHE currently
resides, and at a primary election, the party in  which  he  OR  SHE  is
enrolled.    The inspectors of election shall offer such an affidavit to
each such voter whose residence address is in  such  election  district.
Each  such affidavit shall be in a form prescribed by the state board of
elections, shall be printed on an envelope of the size and quality  used
for  an  absentee  ballot  envelope, and shall contain an acknowledgment
that the affiant understands that any false statement  made  therein  is
perjury  punishable  according to law. SUCH FORM PRESCRIBED BY THE STATE
BOARD OF ELECTIONS SHALL REQUEST INFORMATION REQUIRED TO  REGISTER  SUCH
VOTER  SHOULD  THE  COUNTY BOARD DETERMINE THAT SUCH VOTER IS NOT REGIS-
TERED AND SHALL CONSTITUTE AN  APPLICATION  TO  REGISTER  TO  VOTE.  The
voter's  name  and  the  entries  required shall then be entered without

A. 4015--A                          3

delay and without further inquiry in the fourth section of the challenge
report or in the place provided at the end  of  the  computer  generated
registration  list,  with  the  notation that the voter has executed the
affidavit  hereinabove  prescribed, or, if such person's name appears on
the computer generated registration list, the  board  of  elections  may
provide a place to make such entry next to his OR HER name on such list.
The  voter  shall then, without further inquiry, be permitted to vote an
emergency ballot provided for by this chapter. Such ballot shall  there-
upon  be placed in the envelope containing his OR HER affidavit, and the
envelope sealed and returned to the board of  elections  in  the  manner
provided  by  this  chapter  for protested official ballots, including a
statement of the number of such ballots.
  S 5. This act shall take effect immediately.