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Assembly Bill A10774

2011-2012 Legislative Session

Relates to the removal of a voter from voting rolls due to death

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Archive: Last Bill Status - In Assembly Committee

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2011-A10774 (ACTIVE) - Details

See Senate Version of this Bill:
S7687
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add ยง5-714, El L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2588, S1688
2015-2016: A5599, S3133

2011-A10774 (ACTIVE) - Summary

Relates to the removal of a voter from voting rolls due to death.

2011-A10774 (ACTIVE) - Bill Text download pdf 

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

                                  10774

                          I N  A S S E M B L Y

                              June 18, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
  read once and referred to the Committee on Election Law

AN ACT to amend the election law, in relation to removal of a voter from
  voting rolls due to death

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

  Section  1.  The election law is amended by adding a new section 5-714
to read as follows:
  S 5-714. DEATH OF A REGISTERED VOTER. 1. PURSUANT TO PARAGRAPH (E)  OF
SUBDIVISION  ONE OF SECTION 5-400 OF THIS ARTICLE, DEATH SHALL RESULT IN
THE CANCELLATION OF A VOTER'S REGISTRATION. IN ORDER TO ENSURE THAT  THE
NAME  OF  A  VOTER IS REMOVED FROM THE REGISTRATION ROLL UPON DEATH, THE
NEW YORK STATE BOARD OF ELECTIONS, OR THE BOARD  OF  ELECTIONS  IN  EACH
COUNTY  AND  IN NEW YORK CITY, SHALL REVIEW THE SOCIAL SECURITY ADMINIS-
TRATION DEATH MASTER FILE ON AN ANNUAL BASIS, PRIOR TO AUGUST  FIRST  OF
EACH CALENDAR YEAR, AND REMOVE THE NAMES OF ALL DECEASED VOTERS FROM THE
REGISTRATION ROLL.
  2.  IN  THE  EVENT THAT AN INDIVIDUAL CLAIMS THAT THEIR NAME WAS ERRO-
NEOUSLY REMOVED FROM THE ROLL, THEY SHALL BE ENTITLED  TO  CAST  A  VOTE
THROUGH  AN AFFIDAVIT BALLOT IN THE SAME MANNER AS A VOTER WHO IS DEEMED
TO BE INACTIVE.  UPON THIS EVENT, THE BOARD OF ELECTIONS SHALL  COMMENCE
AN  INQUIRY  TO DETERMINE WHETHER THE NAME OF THE VOTER HAS IN FACT BEEN
REMOVED FROM THE REGISTRATION ROLL DUE TO AN ERROR. IN THE EVENT THAT AN
ERROR IS FOUND, THE AFFIDAVIT BALLOT SHALL BE COUNTED AND  THE  INDIVID-
UAL'S NAME SHALL BE REINSTATED ON THE REGISTRATION ROLL.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16168-03-2

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