Bill S420-2013

Requires counting affidavit ballots of eligible voters if a voter appears at a polling place in the correct county but in the incorrect election district

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: 2011-12: S.1325A 2009-10: S.1701/A.6971A - Advanced to Third Reading


EFFECTIVE DATE: Immediately.


STATE OF NEW YORK ________________________________________________________________________ 420 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DILAN -- 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 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.


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