Senate Bill S7626

2019-2020 Legislative Session

Relates to the administration of challenge oaths to voter applicants

download bill text pdf

Sponsored By

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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2019-S7626 (ACTIVE) - Details

See Assembly Version of this Bill:
A8833
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§8-502 & 8-504, El L
Versions Introduced in Other Legislative Sessions:
2021-2022: S269, A5566
2023-2024: S2383, A2876

2019-S7626 (ACTIVE) - Summary

Requires persons administering challenge oaths to voter applicants to attest that the challenge is being made in good faith and to provide certain identifying information; requires challenge oaths to be presented to a challenged voter applicant in writing.

2019-S7626 (ACTIVE) - Sponsor Memo

2019-S7626 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7626
 
                             I N  S E N A T E
 
                             February 3, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend to the election law, in relation to  the  administration
   of challenge oaths to voter applicants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 8-502 of the election law, as  amended  by  chapter
 373 of the laws of 1978, is amended to read as follows:
   §  8-502.  Challenges; generally. 1. Before his OR HER vote is cast at
 an election any person may be challenged as to his OR HER right to vote,
 or his OR HER right to vote by absentee, military,  special  federal  or
 special  presidential ballot. Such challenge may be made by an inspector
 or clerk, by any duly appointed watcher,  or  by  any  registered  voter
 properly in the polling place. An inspector shall challenge every person
 offering  to  vote, whom he OR SHE shall know or suspect is not entitled
 to vote in the district, and every person whose name appears on the list
 of persons to be challenged on election day which is  furnished  by  the
 board of elections.
   2. PRIOR TO MAKING A CHALLENGE TO A VOTER AS PROVIDED IN THIS SECTION,
 THE PERSON CHALLENGING THE VOTER'S RIGHT TO VOTE SHALL:
   (A)  TAKE A VERBAL OATH IN THE PRESENCE OF AN INSPECTOR, CLERK OR DULY
 APPOINTED WATCHER AFFIRMING THAT HE OR SHE IS MAKING  THE  CHALLENGE  IN
 GOOD  FAITH AND THAT HE OR SHE IS AWARE THAT A BAD FAITH CHALLENGE COULD
 LEAD TO PENALTIES AND CONSEQUENCES; AND
   (B) COMPLETE A WRITTEN DOCUMENT IN SUCH FORM AS  IS  APPROVED  BY  THE
 STATE  BOARD  OF  ELECTIONS  STATING HIS OR HER NAME AND ADDRESS AND THE
 NAME OF THE VOTER WHO WAS CHALLENGED.
   § 2. Section 8-504 of the election law, subdivisions 1, 2, 3, 4, 5,  7
 and  8  as renumbered by chapter 373 of the laws of 1978, subdivisions 4
 and 5 as amended by chapter 9 of the laws of 1978 and subdivision  6  as
 amended  by  chapter  82  of  the  laws  of  1982, is amended to read as
 follows:
   § 8-504. Challenges; of voter at the polling place. 1. When an  appli-
 cant  is  challenged,  an inspector shall [administer to him] PROVIDE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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