assembly Bill A1320A

2019-2020 Legislative Session

Relates to the canvassing of ballots for certain voters

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2019 returned to assembly
passed senate
3rd reading cal.711
substituted for s3045b
Jun 12, 2019 referred to rules
delivered to senate
passed assembly
Jun 11, 2019 ordered to third reading rules cal.95
rules report cal.95
reported
Jun 05, 2019 reported referred to rules
May 31, 2019 print number 1320a
May 31, 2019 amend (t) and recommit to election law
Jan 14, 2019 referred to election law

Multi-Sponsors

A1320 - Details

See Senate Version of this Bill:
S3045
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6817, S4270
2015-2016: A2098, S4426
2017-2018: A7484, S1265

A1320 - Summary

Provides that if the board of elections determines that a person was entitled to vote it shall cast and canvass such ballot if such board finds that the voter substantially complied with the requirements of the election law; failure to provide previous address not deemed a fatal defect and ballot cast and counted.

A1320 - Bill Text download pdf


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

                                  1320

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ARROYO,
  COOK, GOTTFRIED, RIVERA -- 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.

Co-Sponsors

Multi-Sponsors

A1320A (ACTIVE) - Details

See Senate Version of this Bill:
S3045
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6817, S4270
2015-2016: A2098, S4426
2017-2018: A7484, S1265

A1320A (ACTIVE) - Summary

Provides that if the board of elections determines that a person was entitled to vote it shall cast and canvass such ballot if such board finds that the voter substantially complied with the requirements of the election law; failure to provide previous address not deemed a fatal defect and ballot cast and counted.

A1320A (ACTIVE) - Bill Text download pdf


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

                                 1320--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ARROYO,
  COOK, GOTTFRIED, RIVERA -- read once and referred to the Committee  on
  Election  Law -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the election law, in relation to canvass of ballots cast
  by certain voters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of  subdivision 2 of section 9-209 of the
election law is amended by adding two new subparagraphs (v) and (vi)  to
read as follows:
  (V) 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 SUBSTANTIALLY COMPLIED WITH THE REQUIRE-
MENTS OF THIS CHAPTER.
  (VI) IF THE BOARD OF ELECTIONS FINDS THAT THE STATEWIDE  VOTER  REGIS-
TRATION  LIST SUPPLIES SUFFICIENT INFORMATION TO IDENTIFY A VOTER, FAIL-
URE BY THE VOTER TO INCLUDE ON THE ENVELOPE THE ADDRESS WHERE SUCH VOTER
WAS PREVIOUSLY REGISTERED SHALL NOT BE A  FATAL  DEFECT  AND  THE  BOARD
SHALL CAST AND CANVASS SUCH BALLOT.
  § 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02909-05-9

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