senate Bill S1688A

2013-2014 Legislative Session

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

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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
Jan 09, 2014 print number 1688a
amend and recommit to elections
Jan 08, 2014 referred to elections
Jun 21, 2013 committed to rules
Apr 24, 2013 advanced to third reading
Apr 23, 2013 2nd report cal.
Apr 22, 2013 1st report cal.366
Jan 09, 2013 referred to elections

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1688 - Bill Details

See Assembly Version of this Bill:
A2588A
Current Committee:
Law Section:
Election Law
Laws Affected:
Add §5-714, El L
Versions Introduced in 2011-2012 Legislative Session:
S7687, A10774

S1688 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1688

TITLE OF BILL: An act to amend the election law, in relation to
removal of a voter from voting rolls due to death

PURPOSE OF BILL: The purpose of this bill is to ensure that the name
of a deceased person is removed from the voting roll upon their death.

SUMMARY OF PROVISIONS: Section One amends article five of the election
law as it pertains to the registration and enrollment of voters by
adding a new section 5-714. The Board of Elections for each county and
in the City of New York would be required to annually review the
social security administration death master file and remove the names
of any and all deceased voters. A safeguard exists to allow an
individual to vote via affidavit ballot in the event that their name
is erroneously removed from the voting roll.

Section Two contains the effective date.

JUSTIFICATION: The Election Law currently provides that the name of a
voter must be removed from the registration roll upon their death.
However, no mechanism exists to ensure that their name is in fact
removed.

A new report by the Pew Center on the States finds that more than 1.8
million dead people are registered to vote throughout the country.
This raises the concern that our election system may be vulnerable to
fraud. It is imperative that our voters have confidence in our
election system.

A study conducted by the Poughkeepsie Journal in October 2006 of the
New York State voting database found that the list contained the names
of as many as 77,000 deceased individuals, and that as many as 2,600
of them had cast votes from the grave. The analysis consisted of the
matching of names, dates of birth, and zip codes of registered voters
against the same information in the Social Security Administration
"Death Master File".

This bill also protects voters who may be erroneously removed from the
voter registration roll by allowing them to vote via an affidavit
ballot in the same manner that an inactive voter would be permitted to
vote.

While it is true that the New York City Department of Health and the
New York State Department of Health currently transmit a list of
deceased persons to the state board of elections, for removal from the
list of eligible voters, this list is not compiled in real time, nor
does it consist of the names of individuals who have died out of the
state.

FISCAL IMPLICATIONS: None to the State.

PRIOR LEGISLATIVE HISTORY: 2012 -- Rules

EFFECTIVE DATE: This act shall take effect immediately.


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

                                  1688

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. ZELDIN, MAZIARZ -- 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 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.
                                                           LBD01053-01-3

Co-Sponsors

S1688A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2588A
Current Committee:
Law Section:
Election Law
Laws Affected:
Add §5-714, El L
Versions Introduced in 2011-2012 Legislative Session:
S7687, A10774

S1688A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1688A

TITLE OF BILL: An act to amend the election law, in relation to
removal of a voter from voting rolls due to death

PURPOSE OF BILL: The purpose of this bill is to ensure that the name
of a deceased person is removed from the voting roll upon their death.

SUMMARY OF PROVISIONS:; Section One amends article five of the
election law as it pertains to the registration and enrollment of
voters by adding a new section 5-714. The State Board of Elections
would be required to annually review the social security
administration death master file and notify the relevant local board
of elections of any and all deceased voters on their registration
roll. The local board of elections would then be required to remove
the deceased voter from the roll. A safeguard exists to allow an
individual to vote via affidavit ballot in the event that their name
is erroneously removed from the voting roll.

Section Two contains the effective date.

JUSTIFICATION: The Election Law currently provides that the name of a
voter must be removed from the registration roll upon their death. The
process requires that the New York City Department of Health and the
New York State Department of Health transmit a list of deceased
persons to the state board of elections. The State Board of Elections
then distributes the names to the relevant local boards for removal.
However, this list is not compiled in real time, nor does it consist
of the names of individuals who have died out of the state; no
mechanism currently exists to ensure that the name is in fact removed.

A 2012 report by the Pew Center on the States finds that more than 1.8
million dead people are registered to vote throughout the country.
This raises the concern that our election system may be vulnerable to
fraud. It is imperative that our voters have confidence in our
election system.

A study conducted by the Poughkeepsie Journal in October 2006 of the
New York State voting database found that the list contained the names
of as many as 77,000 deceased individuals, and that as many as 2,600
of them had cast votes from the grave. The analysis consisted of the
matching of names, dates of birth, and zip codes of registered voters
against the same information in the Social Security Administration
"Death Master File".

In October 2013, Newsday performed a computer analysis which showed
roughly 6,100 deceased persons are still registered to vote in Nassau
County, and 2,490 deceased persons are still registered to vote in
Suffolk County. Of the 6,100 deceased persons in Nassau County, 270
of them actually cast a ballot in Nassau County after dying. Nassau
County has more deceased voters on their registration roll than any
other county in the state; a quarter of the 26,500 deceased voters
still registered to vote in the state are enrolled in Nassau County.
Furthermore, a New York City Board of Elections report released
December 30, 2013 showed that investigators posing as deceased voters
were allowed to cast 39 ballots during the November 2013 election.
Inaccurate voter registration rolls not only enable fraudulent


activity, but may also result in inaccurate precinct boundaries. The
loss of voter trust in the electoral system undermines our democratic
process.

This bill protects any voter who may be erroneously removed from the
registration roll by allowing them to vote via an affidavit ballot in
the same manner that an inactive voter would be permitted to vote.

FISCAL IMPLICATIONS: None to the State.

PRIOR LEGISLATIVE HISTORY: 2012 -- Rules

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 1688--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. ZELDIN, MARCHIONE, MAZIARZ, SAVINO -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Elections -- recommitted to the Committee 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 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  SHALL  REVIEW  THE  SOCIAL  SECURITY
ADMINISTRATION DEATH MASTER FILE ON AN ANNUAL BASIS, PRIOR TO JULY FIRST
OF  EACH  CALENDAR YEAR.   NOTIFICATION SHALL BE SENT TO THE APPROPRIATE
LOCAL BOARD OF ELECTIONS BY JULY THIRTIETH OF EACH  CALENDAR  YEAR,  AND
THE  LOCAL  BOARD OF ELECTIONS SHALL IMMEDIATELY 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.
                                                           LBD01053-02-3

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