Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district.
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.
STATE OF NEW YORK ________________________________________________________________________ 1325--A 2011-2012 Regular Sessions IN 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