S T A T E O F N E W Y O R K
________________________________________________________________________
5566
2021-2022 Regular Sessions
I N A S S E M B L Y
February 19, 2021
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Election Law
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02439-01-1
A. 5566 2
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
THE APPLICANT the following oath, which shall be known as "The prelimi-
nary oath": "You do solemnly swear (or affirm) that you will make true
answers to such questions as may be put to you concerning your quali-
fications as a voter". If the applicant shall refuse to take such oath
[he] THE APPLICANT shall not be permitted to vote.
2. If the applicant shall take the preliminary oath, the inspector
shall ask the applicant such questions as may pertain to the reason
[his] THE APPLICANT'S right to vote at such election in such district
was challenged. If any applicant shall refuse to answer fully any ques-
tions which may be put to [him, he] THE APPLICANT, THE APPLICANT shall
not be permitted to vote.
3. After receiving the answers as above specified, of any applicant,
the board shall, if it believes the applicant to be qualified or the
challenge is withdrawn, permit [him] THE APPLICANT to vote. Otherwise,
the board shall point out to [him] THE APPLICANT the qualifications, if
any, in respect of which [he] THE APPLICANT shall appear deficient. If,
after such deficiencies have been so indicated, the applicant shall
persist in [his] THE APPLICANT'S claim to vote, an inspector shall
[administer to him] PROVIDE THE APPLICANT the following oath, which
shall be known as "The Qualification Oath": "You do swear (or affirm)
that you are eighteen years of age, that you are a citizen of the United
States and that you have been a resident of this state, and of this
county (of the city of New York) (village) for thirty days next preced-
ing this election, that you still reside at the same address from which
you have been duly registered in this election district, that you have
not voted at this election, and that you do not know of any reason why
you are not qualified to vote at this election. You do further declare
that you are aware that it is a crime to make any false statement. That
all the statements you have made to the board have been true and that
you understand that a false statement is perjury and you will be guilty
of a misdemeanor."
4. If the applicant shall be challenged for the causes stated in
section three of article two of the constitution of this state, which
would exclude [him] THE APPLICANT from the right to vote, such inspector
shall [administer to him] PROVIDE THE APPLICANT the following additional
oath, which shall be known as "The Bribery Oath": "You do swear (or
affirm) that you have not received or offered, do not expect to receive,
have not paid, offered or promised to pay or contributed, offered or
promised to contribute to another, to be paid or used; any money or any
other valuable thing as a compensation or reward for the giving or with-
holding of a vote at this election, and have not made any promise to
influence the giving or withholding of any such vote, and that you have
not made, or become directly or indirectly interested in any bet or
wager depending upon the result of this election."
5. If the applicant shall be challenged on the ground of having been
convicted of a felony, such inspector shall [administer to him] PROVIDE
THE APPLICANT the following additional oath, which shall be known as
"The Conviction Oath": "You do swear (or affirm) that you have not been
convicted of any felony, or if so convicted, that you have been
pardoned, or restored to all the rights of a citizen, or the maximum
term of imprisonment to which you were sentenced has expired, or you
have been discharged from parole or your sentence has been suspended."
A. 5566 3
6. If the applicant shall be challenged on the ground of having been
adjudged incompetent, such inspector shall [administer to him] PROVIDE
THE APPLICANT the following additional oath, which shall be known as
"The Incompetency Oath": "You do swear (or affirm) that you have not
been adjudged incompetent by order of competent judicial authority, or
if so adjudged, that you have since been adjudged competent which fully
warrants your right to vote."
7. If any [person] APPLICANT shall refuse to take any oath so tendered
[he] SUCH APPLICANT shall not be permitted to vote, but if [he] THE
APPLICANT shall take the oath or oaths tendered to [him he] THE APPLI-
CANT, THE APPLICANT shall be permitted to vote.
7-A. CHALLENGE OATHS DESCRIBED IN THIS SECTION SHALL BE ADMINISTERED
TO A CHALLENGED APPLICANT BY DELIVERY BY THE CHALLENGER TO THE APPLICANT
OF A WRITTEN DOCUMENT IN A FORM AS IS APPROVED BY THE STATE BOARD OF
ELECTIONS WHICH SETS FORTH THE APPLICABLE OATH AND PROVIDES A SPACE FOR
THE APPLICANT TO SIGN AND DATE THE DOCUMENT. AN APPLICANT WHO SIGNS THE
DOCUMENT OR DOCUMENTS, AS APPLICABLE, SHALL BE DEEMED TO HAVE TAKEN THE
OATH AND SHALL BE PERMITTED TO VOTE. NOTWITHSTANDING THE FOREGOING, A
CHALLENGE OATH MAY BE ADMINISTERED BY THE CHALLENGER ORALLY IF THE CHAL-
LENGED APPLICANT IS ILLITERATE, HAS DIFFICULTY READING OR DOES NOT
UNDERSTAND THE WRITTEN OATH OR SPECIFICALLY REQUESTS THAT THE OATH OR
OATHS BE READ TO THE APPLICANT VERBALLY.
8. The inspectors shall enter the challenge date in the space reserved
therefor on the back of the voter's registration poll record and shall
make a record of each challenge on the challenge report as required
herein. Where registration poll records are not being used, the inspec-
tors shall in the remarks column for the election opposite the name of
the voter enter a note of the challenge and shall make a record of each
challenge on the challenge report.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all elections occurring on
or after such effective date. Effective immediately the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such date.