Senate Bill S269

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    269
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02439-01-1

 S. 269                              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."

 S. 269                              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.