Bill S1057-2009

Provides that an affidavit ballot shall also constitute an application to register to vote

Provides that an affidavit ballot submitted on election day at a polling place shall also constitute an application to register to vote.



  • Jan 6, 2010: returned to senate
  • Jan 6, 2010: died in assembly
  • Feb 26, 2009: referred to election law
  • Feb 26, 2009: PASSED SENATE
  • Feb 11, 2009: 2ND REPORT CAL.
  • Feb 10, 2009: 1ST REPORT CAL.34




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

PURPOSE : Provides for a dual affidavit ballot/registration form.

SUMMARY OF PROVISIONS : Allows a person casting an affidavit ballot to register to vote if the board of elections determines that such person is not registered.

JUSTIFICATION : Affidavit ballots are cast by voters who present themselves at a polling place to vote on election day, but whose names are not found in the poll books provided at the polling place. The affidavit voters state that they believed they are a duly registered voter, however, for some reason that the poll card has not reached the polling place on election day. Once the affidavit ballot is cast, the board of elections checks their records to determine if the voter is registered and whether the affidavit ballot should be counted. If the person is not duly registered, the affidavit ballot is not counted. This bill would allow that in those cases where the affidavit voter is determined not to have been registered, the voter will be registered by the board of elections pursuant to the information provided on the affidavit ballot form.


EFFECTIVE DATE : Immediately.


STATE OF NEW YORK ________________________________________________________________________ 1057 2009-2010 Regular Sessions IN SENATE January 22, 2009 ___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to affidavit ballots THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (ii) of paragraph (e) of subdivision 3 of section 8-302 of the election law, as amended by chapter 200 of the laws of 1996, is amended to read as follows: (ii) He OR SHE may swear to and subscribe an affidavit stating that he OR SHE has duly registered to vote, the address in such election district from which he OR SHE registered, that he OR SHE remains a duly qualified voter in such election district, that his OR HER registration poll record appears to be lost or misplaced or that his OR HER name and/or his OR HER signature was omitted from the computer generated registration list or that he OR SHE has moved within the county or city since he OR SHE last registered, the address from which he OR SHE was previously registered and the address at which he OR SHE currently resides, and at a primary election, the party in which he OR SHE is enrolled. The inspectors of election shall offer such an affidavit to each such voter whose residence address is in such election district. Each such affidavit shall be in a form prescribed by the state board of elections, shall be printed on an envelope of the size and quality used for an absentee ballot envelope, and shall contain an acknowledgment that the affiant understands that any false statement made therein is perjury punishable according to law. SUCH FORM PRESCRIBED BY THE STATE BOARD OF ELECTIONS SHALL INCLUDE INFORMATION REQUIRED TO REGISTER SUCH VOTER SHOULD THE COUNTY BOARD DETERMINE THAT SUCH VOTER IS NOT REGIS- TERED AND SHALL CONSTITUTE AN APPLICATION TO REGISTER TO VOTE. The voter's name and the entries required shall then be entered without delay and without further inquiry in the fourth section of the challenge report or in the place provided at the end of the computer generated
registration list, with the notation that the voter has executed the affidavit hereinabove prescribed, or, if such person's name appears on the computer generated registration list, the board of elections may provide a place to make such entry next to his OR HER name on such list. The voter shall then, without further inquiry, be permitted to vote an emergency ballot provided for by this chapter. Such ballot shall there- upon be placed in the envelope containing his OR HER affidavit, and the envelope sealed and returned to the board of elections in the manner provided by this chapter for protested official ballots, including a statement of the number of such ballots. S 2. This act shall take effect immediately.


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