senate Bill S1325A

2011-2012 Legislative Session

Requires counting affidavit ballots of eligible voters if a voter appears at a polling place in the correct county but in the incorrect election district

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 01, 2012 print number 1325a
amend and recommit to elections
Jan 04, 2012 referred to elections
Jan 06, 2011 referred to elections

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1325 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in 2009-2010 Legislative Session:
S1701A

S1325 - Bill Texts

view summary

Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district.

view sponsor memo
BILL NUMBER:S1325

TITLE OF BILL:

An act
to amend the election law, in relation to counting of affidavit ballots

PURPOSE:

To provide for the casting and counting of ballots of voters, otherwise
eligible, when the voter appears at the wrong Election District but
within the proper county

SUMMARY OF PROVISIONS:

Amends Section 9-209 sub 2(a) by adding a new subparagraph 3 to require
The Board of Elections to cast and count such ballots.

EXISTING LAW:

In Panio & c. V. Sunderland et al., _NY3d,_, the Court of Appeals held
that, under existing law, such ballots should not be counted

JUSTIFICATION:

Inspectors are required to offer an affidavit ballot when the voter
appears at the proper Election District but the name cannot be found in
the poll record. If the inspectors offer an affidavit ballot to a voter
who appears at the wrong Election District, this is an error of the
Board of Elections employee. The voter reasonably assumes that his or
her vote has been correctly cast. The voter should not be
disenfranchised by an error made by the Board employee.

LEGISLATIVE HISTORY:

2009/10: S.1701/A.6971A - Advanced to Third Reading
2007/08: S.1494 - Referred to Elections
2007/08: A.8336 - Referred to Elections
2005/06: A.6600 - Referred to Elections

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  1325

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, PARKER -- 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 counting  of  affidavit
  ballots

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

  Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  2  of
section 9-209 of the election law, as amended by chapter 104 of the laws
of 2010, is amended to read as follows:
  (iii)  If the board of elections determines that a person was entitled
to vote at such election, the board shall cast and canvass  such  ballot
if  such  board finds that the voter appeared at [the correct] A polling
place IN THE CORRECT COUNTY, regardless of the fact that the  voter  may
have appeared in the incorrect election district.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02923-01-1

Co-Sponsors

S1325A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in 2009-2010 Legislative Session:
S1701A

S1325A (ACTIVE) - Bill Texts

view summary

Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district.

view sponsor memo
BILL NUMBER:S1325A

TITLE OF BILL:
An act
to amend the election law, in relation to counting of affidavit ballots

PURPOSE:
To provide for the casting and counting of ballots of voters,
otherwise eligible, when the voter appears at the wrong Election
District but.
within the proper county

SUMMARY OF PROVISIONS:
Amends Section 9-209 sub 2(a) by adding a new subparagraph 3 to
require The Board of Elections to cast and count such ballots.

EXISTING LAW:
In Panio & C. V. Sunderland et al., _NY3d,_, the Court of Appeals held
that, under existing law, such ballots should not be counted

JUSTIFICATION:
Inspectors are required to offer an affidavit ballot when the voter
appears at the proper Election District but the name cannot be found
in the poll record. If the inspectors offer an affidavit ballot to a
voter who appears at the wrong Election District, this is an error of
the Board of Elections employee. The voter reasonably assumes that
his or her vote has been correctly cast. The voter should not be
disenfranchised by an error made by the Board employee.

LEGISLATIVE HISTORY:
2009-10: S.1701/A.6971A - Advanced to Third Reading
2007-08: S.1494 - Referred to Elections
2007-08: A.8336 - Referred to Elections
2005-06: A.6600 - Referred to Elections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1325--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  DILAN,  AVELLA,  DIAZ,  HASSELL-THOMPSON, PARKER,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed  to the Committee on Elections -- recommitted to the Commit-
  tee on Elections in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the election law, in relation to counting  of  affidavit
  ballots

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

  Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  2  of
section 9-209 of the election law, as amended by chapter 308 of the laws
of 2011, is amended to read as follows:
  (iii)  If the board of elections determines that a person was entitled
to vote at such election, the board shall cast and canvass  such  ballot
if  such  board finds that the voter appeared at [the correct] A polling
place IN THE CORRECT COUNTY, regardless of the fact that the  voter  may
have appeared in the incorrect election district.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02923-02-2

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