BILL NUMBER:A10390

TITLE OF BILL:  An act to amend the election law, in relation to write-
in votes

PURPOSE: The bill clarifies the instructions for casting write-in votes.

SUMMARY OF PROVISIONS:  Section 1 of the bill amends Election Law
section 7-106, paragraph 3 of subdivision 5 to provide that in order to
vote for an individual who is not listed on ballot, the voter shall
enter the candidate's name in the space labeled "write-in" appearing at
the end of the column or row under the title of the office.

Section 2 of the bill amends Election Law section 7-122, subparagraph 3
of paragraph (d) of subdivision 1 to provide that a voter can vote for
an individual who is not listed on the ballot by entering the candi-
date's name in the appropriate space labeled "write-in" appearing at the
bottom of a column or row under the title for that office.

Section 3 of the bill amends Election Law section 7-122, subparagraphs 1
and 3 of paragraph (e) of subdivision 2 to provide respectively that the
ballot should be marked with the writing utensils provided and a write
in candidate's name should be entered in the space labeled "write-in"
appearing at the bottom of the column or row under the title of the
office.

              

Section 4 of the bill: Sets forth the effective date.

JUSTIFICATION:  Under current law, the amended sections provide when a
voter wishes to cast a vote for an individual who is not listed on the
ballot, the voter shall write or stamp the name "on a blank line under
the names of the candidates for that office" or in the "blank space
which appears at the bottom of the column" and also provides that the
vote must be marked with the pencil provided.

The current law is both too vague and even contradictory regarding
placement of the write-in name and is too restrictive in its description
of the writing instruments provided with the ballot. This lack of clari-
ty has resulted in voters casting their write-in votes in unauthorized
areas of the ballot. The changes in the statutory language clarify the
placement for write-in votes and should reduce confusion for voters.

This legislation was requested by the State Board of Elections in its
2010 Election Law Proposals (SBE 10-10).

LEGISLATIVE HISTORY: New bill in the Assembly; same as S6908 (Addabbo).

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect immediately.