NY State Senate Bill 2019-S5847

Senate Bill S5847

2019-2020 Legislative Session

Relates to proceedings with respect to the canvass of absentee, military and special ballots and ballots cast by voters with registration records missing on days of election

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to elections
May 15, 2019	referred to elections

2019-S5847 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in 2021-2022 Legislative Session:: S245

2019-S5847 (ACTIVE) - Summary

Relates to proceedings with respect to the canvass of absentee, military and special ballots and ballots cast by voters with registration records missing on days of election or voters who have not had their identity previously verified or who have moved after registering.

2019-S5847 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5847

SPONSOR: MYRIE
 
TITLE OF BILL:  An act to amend the election law, in relation to
proceedings with respect to the canvass of absentee, military and
special ballots and ballots cast by voters with registration records
missing on days of election or voters who have not had their identity
previously verified or who have moved after registering

 
PURPOSE:

New York Election Law § 9-209(2)(E) allows a ballot to be cast and
canvassed where a person was entitled to vote, but either the ballot
envelope was invalid on its face due to ministerial error by the board
of elections, or where the voter appeared at the correct polling place,
but in the incorrect election district. This bill would allow a ballot
to be cast and canvassed a when a voter appears in the correct county,
but in the incorrect polling place and election district.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new § 9-209(2)(E)(iv) of the election law
to specify that the board shall cast and canvass such portions of the
ballot that correspond to the voter's election district if the voter
appeared in the correct county, regardless of the fact that the voter
may have appeared in the incorrect polling place and election district.

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

This bill would remedy a situation where a voter is disenfranchised for
inadvertently appearing to vote in the wrong polling place, but in the
correct county. There are many instances when a voter can inadvertently
go to the wrong polling place. For instance, when a polling place has
recently changed, under construction, or when a voter is given incorrect
information as to where they are supposed to vote. While a voter that
appears in the wrong election district would have his or her ballot cast
and canvassed, a voter appearing in the wrong polling place would not.

While currently treated differently under the law, to cast and canvass
ballots for each of these circumstances is the same in practice and
substance, and only those portions of the ballot that correspond with
the voter's election district would be counted. Disenfranchising voters
is a harsh result and this bill would ensure that a voter's ballot is
counted to the maximum extent possible under such circumstances.

 
LEGISLATIVE HISTORY:

A.8244 of 2017-18

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5847 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5847
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  proceedings  with
   respect  to  the canvass of absentee, military and special ballots and
   ballots cast by voters with registration records missing  on  days  of
   election or voters who have not had their identity previously verified
   or who have moved after registering
 
   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 a new subparagraph (v) 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 PORTIONS OF
 THE BALLOT THAT CORRESPOND TO THE  VOTER'S  ELECTION  DISTRICT  IF  SUCH
 BOARD FINDS THAT THE VOTER APPEARED IN THE CORRECT COUNTY, REGARDLESS OF
 THE FACT THAT THE VOTER MAY HAVE APPEARED IN THE INCORRECT POLLING PLACE
 AND ELECTION DISTRICT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01502-02-9

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