|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to elections|
|Jan 09, 2013||referred to elections|
senate Bill S420
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S420 - Details
S420 - 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.
S420 - Sponsor Memo
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
S420 - Bill Text download pdf
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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