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
                               ___________
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