S T A T E O F N E W Y O R K
________________________________________________________________________
5599
2015-2016 Regular Sessions
I N A S S E M B L Y
February 27, 2015
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Introduced by M. of A. THIELE -- read once and referred to the Committee
on Election Law
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.
LBD02329-01-5