senate Bill S420

2013-2014 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
Jan 08, 2014 referred to elections
Jan 09, 2013 referred to elections

Co-Sponsors

S420 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1325A
2009-2010: S1701A

S420 - Bill Texts

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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.

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BILL NUMBER:S420

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:
2011-12: S.1325A
2009-10: S.1701/A.6971A - Advanced to Third Reading

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   420

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- 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 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.
                                                           LBD00405-01-3

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