NY State Senate Bill 2009-S295

Senate Bill S295

2009-2010 Legislative Session

Prohibits candidates for public office to be voted upon in an election district from being a poll watcher in such district

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2010	reported and committed to codes
Jan 06, 2010	referred to elections
Jan 07, 2009	referred to elections

Votes

- Mar 2, 2010 - Elections Committee Vote
  S295
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Mar 2, 2010
      
      aye (6)
      
      Addabbo Jr.
      
      Dilan
      
      Foley
      
      Griffo
      
      Libous
      
      Serrano
      
      excused (1)
      
      Morahan

2009-S295 (ACTIVE) - Details

See Assembly Version of this Bill:: A7539
Current Committee:: Senate Codes
Law Section:: Election Law
Laws Affected:: Amd §8-500, El L
Versions Introduced in 2011-2012 Legislative Session:: S1498

2009-S295 (ACTIVE) - Summary

Prohibits candidates for public office to be voted upon in an election district from being a poll watcher in such district; also prohibits the spouse, parent or child of such candidate from so serving.

2009-S295 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S295

 TITLE OF BILL :
An act to amend the election law, in relation to qualifications for
poll watchers


 PURPOSE :
To prohibit candidates for election or their spouse, parent or child
of such candidate from being poll watchers.

 SUMMARY OF PROVISIONS :
Section one - amends section 8-500 of the election law by adding a new
subdivision 5 to prohibit a person who is a candidate for any public
office to be voted on by the voters of the election district in which
he or she is to serve, or the spouse, parent or child of such
candidate. However, this shall not prohibit a candidate, his or her
spouse, parent, or child from being present at the close of the polls
to receive the results of the election.

Section two - contains the effective date.

 EXISTING LAW :
Section 3-400 of the Election Law prohibits candidates and members of
their family from being election inspectors. However, there is no such
prohibition under section 8-500 for poll watchers.

 JUSTIFICATION :
The Election Law specifically prohibits a candidate for public office
from electioneering within 100 feet of a polling site.  In addition,
candidates, their spouses, children or parents are also prohibited
from serving as election inspectors. However, the law governing poll
watchers does not expressly forbid candidates and their family members
from being poll watchers.

In order to address this ambiguity and to prevent an appearance of
voter intimidation or electioneering, the law should be changed to
prohibit candidates and members of their family from serving as poll
watchers.

 LEGISLATIVE HISTORY :
2008: S.6921, Third Reading; A.6921, Galef, Election Law Committee

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S295 (ACTIVE) - Bill Text download pdf

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

                                   295

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to qualifications for poll
  watchers

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

  Section  1.  Section  8-500 of the election law is amended by adding a
new subdivision 5 to read as follows:
  5. NO PERSON SHALL BE APPOINTED, CERTIFIED OR ACT AS A WATCHER WHO  IS
A  CANDIDATE  FOR ANY PUBLIC OFFICE TO BE VOTED FOR BY THE VOTERS OF THE
ELECTION DISTRICT IN WHICH HE OR SHE IS TO SERVE, OR THE SPOUSE,  PARENT
OR  CHILD  OF  SUCH  A  CANDIDATE.   PROVIDED, THAT NO PROVISION OF THIS
SUBDIVISION SHALL BE DEEMED TO PROHIBIT A CANDIDATE FOR  PUBLIC  OFFICE,
OR  HIS  OR  HER  SPOUSE,  PARENT OR CHILD, FROM BEING PRESENT AT A POLL
PLACE AFTER THE POLLS HAVE CLOSED FOR THE  PURPOSE  OF  DETERMINING  THE
ELECTION RESULTS FOR THE ELECTION.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00850-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.