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

                                  6726

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
  tee on Election Law

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07385-02-9
              

A. 6726                             2

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,  SHALL  REQUEST ALL THE INFORMATION
NECESSARY SO THAT IT SHALL CONSTITUTE AN  APPLICATION  FOR  REGISTRATION
AND  ENROLLMENT  and  shall  contain  an acknowledgment that the affiant
understands that any false statement made therein is perjury  punishable
according  to  law. The voter's name and the entries required shall then
be entered without 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

A. 6726                             3

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  thereupon 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.