S1325A-2011 Actions

• Feb 1, 2012: PRINT NUMBER 1325A
• Feb 1, 2012: AMEND AND RECOMMIT TO ELECTIONS
• Jan 4, 2012: REFERRED TO ELECTIONS
• Jan 6, 2011: REFERRED TO ELECTIONS

S1325A-2011 Memo

BILL NUMBER:S1325A

TITLE OF BILL:
An act
to amend the election law, in relation to counting of affidavit ballots

PURPOSE:
To provide for the casting and counting of ballots of voters,
otherwise eligible, when the voter appears at the wrong Election
District but.
within the proper county

SUMMARY OF PROVISIONS:
Amends Section 9-209 sub 2(a) by adding a new subparagraph 3 to
require The Board of Elections to cast and count such ballots.

EXISTING LAW:
In Panio & C. V. Sunderland et al., _NY3d,_, the Court of Appeals held
that, under existing law, such ballots should not be counted

JUSTIFICATION:
Inspectors are required to offer an affidavit ballot when the voter
appears at the proper Election District but the name cannot be found
in the poll record. If the inspectors offer an affidavit ballot to a
voter who appears at the wrong Election District, this is an error of
the Board of Elections employee. The voter reasonably assumes that
his or her vote has been correctly cast. The voter should not be
disenfranchised by an error made by the Board employee.

LEGISLATIVE HISTORY:
2009-10: S.1701/A.6971A - Advanced to Third Reading
2007-08: S.1494 - Referred to Elections
2007-08: A.8336 - Referred to Elections
2005-06: A.6600 - Referred to Elections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S1325A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1325--A
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by  Sens.  DILAN,  AVELLA,  DIAZ,  HASSELL-THOMPSON, PARKER,
 STAVISKY -- read twice and ordered printed, and  when  printed  to  be
 committed  to the Committee on Elections -- recommitted to the Commit
 tee on Elections in accordance with Senate Rule 6, sec. 8 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the election law, in relation to counting  of  affidavit
 ballots
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  2  of
 section 9-209 of the election law, as amended by chapter 308 of the laws
 of 2011, is amended to read as follows:

 (iii)  If the board of elections determines that a person was entitled
 to vote at such election, the board shall cast and canvass  such  ballot
 if  such  board finds that the voter appeared at [the correct] A polling
 place IN THE CORRECT COUNTY, regardless of the fact that the  voter  may
 have appeared in the incorrect election district.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02923-02-2

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