S T A T E O F N E W Y O R K
________________________________________________________________________
2098
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ARROYO,
COOK, GOTTFRIED, HOOPER, MAYER, RIVERA, ROBERTS, SCHIMEL, SEPULVEDA,
SIMANOWITZ -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to voter affidavits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (ii) of paragraph (e) of subdivision 3 of
section 8-302 of the election law, as amended by chapter 164 of the laws
of 2010, is amended to read as follows:
(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list or that he or she has moved within the county or city
since he or she last registered, [the address from which he or she was
previously registered and] the address at which he or she currently
resides, and at a primary election, the party in which he or she is
enrolled. The inspectors of election shall offer such an affidavit to
each such voter whose residence address is in such election district.
Each such affidavit shall SUBSTANTIALLY COMPLY WITH AND be in a form
prescribed by the state board of elections, shall be printed on an
envelope of the size and quality used for an absentee ballot envelope,
and shall contain an acknowledgment that the affiant understands that
any false statement made therein is perjury punishable according to law.
Such form prescribed by the state board of elections shall request
information required to register such voter should the county board
determine that such voter is not registered and shall constitute an
application to register to vote. The voter's name and the entries
required shall then be entered without delay and without further inquiry
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06321-01-5
A. 2098 2
in the fourth section of the challenge report or in the place provided
at the end of the computer generated registration list, with the nota-
tion that the voter has executed the affidavit hereinabove prescribed,
or, if such person's name appears on the computer generated registration
list, the board of elections may provide a place to make such entry next
to his or her name on such list. The voter shall then, without further
inquiry, be permitted to vote an affidavit ballot provided for by this
chapter. Such ballot shall thereupon be placed in the envelope contain-
ing his or her affidavit, and the envelope sealed and returned to the
board of elections in the manner provided by this chapter for protested
official ballots, including a statement of the number of such ballots.
S 2. This act shall take effect immediately.