Senate Bill S245

                                
 
BILL NUMBER: S245

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)(a) 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)(a)(vii) 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:

S.5847 of 2019-20
A.8244 of 2017-18

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.