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
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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.