Senate Bill S7884

                                 BILL NUMBER:  S7884

 TITLE OF BILL :
An act to amend the election law, in relation to making technical
corrections with regards to political subdivisions and election
districts


 PURPOSE OR GENERAL IDEA OF BILL :
To amend Chapter 489 of the laws of 2009 by requiring that
poll-workers are provided with maps, street finders, or other
descriptions of all of the polling places and election districts
within the political subdivision in which the polling place is
located, rather than of those within the entire county. This change
will make the law easier and less expensive to implement.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one amends subdivision 1 of section 4-128 of the election law,
as amended by chapter 489 of the laws of 2009, by changing the word
"county" to "political subdivision."

Section two amends subdivision d of section 4-132 of the election law,
as amended by chapter 489 of the laws of 2009, and changes the word
"county" to "political subdivision."

Section three amends the opening paragraph of paragraph (e) of
              

subdivision 3 of section 8-302 of the election law, as amended by
chapter 489 of the laws of 2009, by changing the word "county" to
"political subdivision." Section three also provides that in the event
that a voter attempts to cast a ballot, claiming to live in the
election district in which he or she seeks to vote, and such voter's
name does not appear on any of the specified registration records or
lists, a poll clerk or election inspector is to, if necessary, contact
the board of elections to obtain the relevant information in order to
advice such voter of his or her correct voting place.

Section four defines the effective date as immediately.

 JUSTIFICATION :
Chapter 489 of the laws of 2009 requires polling places to be equipped
with a sufficient number of maps, street finders and other
descriptions of polling places and election districts within the
county in which the polling place is located and requires a poll clerk
or election inspector to consult a map, street finder or other
description of all of the polling places and election districts within
the county in which such election district is located in order to
ensure that a voter votes in the correct election district and polling
place so that his or her vote will be counted. This bill would amend
the Chapter by changing the word "county" to "political subdivision."

The 2009 legislation that this bill seeks to amend arose out of the
2004 election for the 35th State Senatorial District that was
ultimately decided by 18 votes. After months of litigation, the race
came down to the validity of certain affidavit ballots from duly
registered voters. In Matter of Panio v. Sunderland, 4 N.Y.3d 123, 791
N.Y.S.2d 57 (2005), the Court of Appeals held that the 163 affidavit
ballots cast by voters at the correct polling site but wrong election
district should be counted but the 457 affidavit ballots cast by
voters who had gone to the wrong polling site (and wrong election
district) should be rejected.

The Court reasoned that casting an affidavit ballot at the correct
polling site but wrong election district was the result of ministerial
error on the part of a poll worker in failing to direct the voter to
the correct table and that therefore those 163 affidavit ballots
should be counted. In rejecting 457 affidavit ballots cast at wrong
polling sites, the Court found that the voters' error of going to
wrong polling sites cannot be attributed to the ministerial error of
election workers. Thus, 457 voters were disenfranchised and the
outcome of a very close election was affected because poll workers did
not direct them to the proper polling site.

Thus, the purpose and goal of the 2009 legislation was to ensure that
voters who vote by affidavit ballot have a realistic chance to
exercise the franchise and have their votes counted. The legislation
required that each polling site be supplied with countywide maps or
street finders and required that election inspectors and poll clerks
consult the countywide maps or street finders to determine and advise
the voter of his or her correct election district and polling place.

Although the intent and goal of the original legislation remain
intact, i.e., that voters cast their ballots in the proper election
district and polling place so that their votes are counted, it has
become clear that requiring maps or street finders for the entire
county at every polling site is expensive and unnecessary. Although
voters sometimes need help locating the correct election district or
polling place for their address, they know the political subdivision,
i.e., the city, town or village, where they reside and vote. The voter
may go to the wrong polling place within his or her town or city but
is unlikely to go to a polling place in the wrong town or wrong city.
Likewise, in a village election, a voter may go to the wrong polling
place within his or her village but is unlikely to go to a polling
place outside the village. As long as poll workers have maps and
street finders for the city, town, or village where the voter resides,
the voter will be directed to the proper election district and polling
place.

By changing the law to require that poll workers' be provided with
maps and street finders that cover the political subdivision in which
the polling place is located, rather than the entire county, the law
will be equally effective but far less expensive to implement.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATION :
None to the state.

 EFFECTIVE DATE :
Immediately.