S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5988

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen. KLEIN -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN ACT to amend the election law, in relation to requests for  affidavit
  ballots including application for registration and enrollment

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

  Section 1. Subdivision 5 of section  5-210  of  the  election  law  is
amended by adding a new paragraph (m) to read as follows:
  (M)  THE  FORM OF AFFIDAVIT PRESCRIBED BY THE STATE BOARD OF ELECTIONS
FOR REQUESTS FOR AFFIDAVIT  BALLOT  PURSUANT  TO  SUBDIVISION  THREE  OF
SECTION  8-302  OF THIS CHAPTER SHALL BE DEEMED TO MEET THE REQUIREMENTS
OF THIS SECTION. ANY APPLICATION FOR REGISTRATION RECEIVED ON  THE  FORM
OF AFFIDAVIT SHALL BE ACCEPTED IF THE APPLICANT IS OTHERWISE ELIGIBLE TO
REGISTER TO VOTE PURSUANT TO THE PROVISIONS OF THIS ARTICLE, HOWEVER THE
FAILURE TO COMPLETE THE VOTER REGISTRATION APPLICATION APPEARING ON SUCH
AFFIDAVIT ENVELOPE SHALL NOT OTHERWISE INVALIDATE THE AFFIDAVIT BALLOT.
  S 2. Subdivision 4 of section 5-304 of the election law, as amended by
chapter 659 of the laws of 1994, is amended to read as follows:
  4.  Registered voters may apply for change of enrollment personally by
mail to or by appearing before a county board of elections or by appear-
ing before a board of inspectors.  If  the  applicant  has  appeared  in
person  and if the board finds that he OR SHE is properly registered, it
shall provide the applicant with an application form for voter registra-
tion by mail which shall be treated as  an  application  for  change  of
enrollment  filed  pursuant  to  this  section. If the voter has applied
personally by mail, the county board of elections shall mail him OR  HER
an  application  form for voter registration by mail as provided by this
chapter. If a registered voter submits an application form for registra-
tion or enrollment as provided  by  this  chapter,  from  the  residence
address  from which he OR SHE is then registered, and such form reflects

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD06332-04-9
              

S. 5988                             2

a change of enrollment, the county board of elections shall  treat  such
form  as  an application for change of enrollment filed pursuant to this
section. If such application form also sets forth a new  address  within
the  same  city  or county, the board of elections shall also treat such
form as an application for transfer of registration pursuant to  section
5-208  of  this  article.   IF A VOTER HAS CAST A BALLOT IN AN AFFIDAVIT
BALLOT ENVELOPE ON WHICH SUCH VOTER CLAIMS A PARTY ENROLLMENT  DIFFERENT
FROM THE ENROLLMENT IN THE RECORDS OF THE BOARD OF ELECTIONS, SUCH AFFI-
DAVIT SHALL BE TREATED AS AN APPLICATION FOR CHANGE OF ENROLLMENT.
  S 3. Section 5-403 of the election law is amended to read as follows:
  S 5-403. Rejection of ballot of unqualified voter; notice of action by
board.    [Whenever]  IF the ballot of any person, voted in an affidavit
envelope in the manner prescribed by this chapter, is rejected under the
provisions of this chapter on the grounds that  such  person  is  not  a
qualified  voter  of  the  election district wherein he OR SHE sought to
vote, or is not duly enrolled in the party in whose primary  he  OR  SHE
sought  to  vote  AND  IF  SUCH PERSON HAS COMPLETED THE APPLICATION FOR
REGISTRATION AND ENROLLMENT OR CHANGE OF ENROLLMENT  ON  SUCH  AFFIDAVIT
ENVELOPE,  the  board  of elections shall PROCESS SUCH AN APPLICATION IN
THE SAME MANNER AS OTHER APPLICATIONS FOR REGISTRATION AND ENROLLMENT OR
CHANGE OF ENROLLMENT. THE BOARD OF ELECTIONS  SHALL  immediately  notify
such  person by first class mail directed to the address given in his OR
HER affidavit, of the rejection of his OR HER ballot, together with  the
reason  [therefore]  THEREFOR  and, IF SUCH PERSON HAS NOT COMPLETED THE
APPLICATION FOR REGISTRATION BY MAIL, the appropriate information on the
times and places where he OR SHE may register, re-register,  enroll,  or
change  or  correct  his OR HER enrollment. Where appropriate, a form of
application for personal registration by mail  shall  be  included  with
such notice.
  S  4.  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 REQUEST 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

S. 5988                             3

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 5. This act shall take effect immediately.