Bill Text: NY S02301 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides protections against illegal voter purging.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S02301 Detail]
Download: New_York-2019-S02301-Introduced.html
Bill Title: Provides protections against illegal voter purging.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S02301 Detail]
Download: New_York-2019-S02301-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2301 2019-2020 Regular Sessions IN SENATE January 23, 2019 ___________ Introduced by Sen. KAVANAGH -- 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 providing protections against illegal voter purging The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4-117 of the election law is amended by adding a 2 new subdivision 4 to read as follows: 3 4. Any person, other than an election officer, who mails or causes to 4 be mailed, between August first and December thirty-first of any calen- 5 dar year, any first class non-forwardable mail, where such person knows 6 or reasonably should know that such non-forwardable mail: (a) is 7 intended to be delivered to a registered voter or voter registration 8 applicant; and (b) may be used by a challenger, other than an election 9 officer, on election day to challenge the qualifications of a voter, 10 shall file within two business days of such mailing, a duplicate copy of 11 such non-forwardable mail, a duplicate copy of names and addresses to 12 which such non-forwardable mail was sent, and a completed form 13 prescribed by the state board of elections. The failure to comply with 14 the provisions of this subdivision shall be punishable as a misdemeanor. 15 § 2. Section 8-502 of the election law, as amended by chapter 373 of 16 the laws of 1978, is amended to read as follows: 17 § 8-502. Challenges; generally. 1. Before his or her vote is cast at 18 an election any person may be challenged as to his or her right to vote, 19 in accordance with the provisions of this section, or his or her right 20 to vote by absentee, military, special federal or special presidential 21 ballot. Such challenge may be made by an inspector or clerk, by any duly 22 appointed watcher, or by any registered voter properly in the polling 23 place in accordance with the provisions of this section. 24 2. An inspector shall challenge every person offering to vote, whom he 25 or she shall know or suspect is not entitled to vote in the district, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02460-01-9S. 2301 2 1 and every person whose name appears on the list of persons to be chal- 2 lenged on election day which is furnished by the board of elections. 3 3. Any person, other than an inspector or clerk, may challenge the 4 qualifications of a voter only by completing, executing and delivering 5 to the board of inspectors a challenge affidavit that satisfies the 6 requirements of section 8-503 of this title. 7 § 3. The election law is amended by adding a new section 8-503 to 8 read as follows: 9 § 8-503. Challenge affidavit. 1. The state board of elections shall 10 prescribe the content and form of a challenge affidavit for use at any 11 general, special, town or village election and at any primary election. 12 Such affidavit shall contain the affiant's full name, residence and 13 business address, the name of his or her employer, the registration, 14 serial number of the person challenged and a recital of the reasons and 15 the facts supporting the affiant's belief that the person challenged 16 lacks one or more of the qualifications for voting prescribed in section 17 5-102 or 5-106 of this chapter and specified in such affidavit. The 18 affidavit shall state if the reason for challenge are based upon the 19 affiant's personal knowledge or upon information received from another 20 person. If the affiant's belief is based upon information furnished by 21 another, the affidavit shall recite the name of the person furnishing 22 the information and the basis for his or her information. After the 23 affiant has filed such affidavit, an inspector shall read to him or her 24 and request him or her to sign the following oath which shall be 25 subscribed by such affiant: "I do solemnly swear (or affirm) that I am a 26 qualified voter of the city or county in which this affidavit is signed 27 and that the foregoing statement made by me on (insert day, month and 28 year) is a truthful disclosure of the reasons for my belief that the 29 registered voter therein named is not qualified to vote in the election 30 district in which he or she is now registered." If the affiant shall 31 take and sign such oath, an inspector shall sign his or her name as a 32 witness below the affiant's subscription to such oath. Each challenge 33 affidavit may only challenge the qualifications of one voter. 34 2. The boards of elections shall make challenge affidavit forms avail- 35 able to all qualified voters. 36 § 4. Subdivision 2 of section 8-504 of the election law, as renumbered 37 by chapter 373 of the laws of 1978, is amended to read as follows: 38 2. (a) If the applicant shall take the preliminary oath, the inspector 39 shall ask the applicant [such] the following questions as [may] they 40 pertain to the reason his or her right to vote at such election in such 41 district was challenged[.]: 42 Are you eighteen years of age or older? 43 Are you a citizen of the United States? 44 Have you been a resident of this state and of this county (and the 45 City of New York or village, as applicable) for the past thirty days or 46 more? 47 Do you still reside at the same address from which you duly registered 48 in this election district? 49 Do you swear that you have not already voted at this election? 50 (b) If any applicant shall refuse to answer fully any of the questions 51 [which may be put to him] in this subdivision, he or she shall not be 52 permitted to vote. 53 § 5. Section 8-504 of the election law is amended by adding a new 54 subdivision 9 to read as follows: 55 9. Information concerning the citizenship status of individuals, when 56 collected and transmitted pursuant to this section, shall not beS. 2301 3 1 retained, used or shared for any other purpose except as may be required 2 by law. 3 § 6. Paragraphs (b) and (e) of subdivision 2 of section 8-508 of the 4 election law, as amended by chapter 200 of the laws of 1996, are amended 5 to read as follows: 6 (b) The second section of such report shall be reserved for the board 7 of inspectors to enter the name, address and registration serial number 8 of each person who is challenged on the day of election, together with 9 the reason for the challenge, the name and address of the person chal- 10 lenging the qualifications of such voter, if such person challenging the 11 qualifications is not an inspector or clerk, and the words "Permitted to 12 Vote" or "Refused to take oath". If no voters are challenged, the board 13 of inspectors shall enter the words "No Challenges" across the space 14 reserved for such names. In lieu of preparing section two of the chal- 15 lenge report, the board of elections may provide, next to the name of 16 each voter on the computer generated registration list, a place for the 17 inspectors of election to record the information required to be entered 18 in such section two, or provide at the end of such computer generated 19 registration list, a place for the inspectors of election to enter such 20 information. 21 (e) At the foot of such report and at the end of any such computer 22 generated registration list shall be printed a certificate that such 23 report contains the names of all persons who were challenged on the day 24 of election, [and] the reason for such challenge and the names and 25 addresses of all challengers who are not inspectors of clerks that each 26 voter so reported as having been challenged took the oaths as required, 27 that such report contains the names of all voters to whom such board 28 gave or allowed assistance and lists the nature of the disability which 29 required such assistance to be given and the names and family relation- 30 ship, if any, to the voter of the persons by whom such assistance was 31 rendered; that each such assisted voter informed such board under oath 32 that he or she required such assistance and that each person rendering 33 such assistance took the required oath; that such report contains the 34 names of all voters who were permitted to vote although their registra- 35 tion poll records were missing; that the entries made by such board are 36 a true and accurate record of its proceedings with respect to the 37 persons named in such report. 38 § 7. Subdivision 3 of section 8-510 of the election law, as amended by 39 chapter 43 of the laws of 1988, is amended to read as follows: 40 3. The inspectors shall place such completed report, each challenge 41 affidavit and each court order, if any, directing that a person be 42 permitted to vote, inside a ledger of registration records or computer 43 generated registration lists between the front cover, and the first 44 registration record and then shall close and seal each ledger of regis- 45 tration records or computer generated registration lists, affix their 46 signature to the seal, lock such ledger in the carrying case furnished 47 for that purpose and enclose the keys in a sealed package or seal such 48 list in the envelope provided for that purpose. 49 § 8. Subdivisions 1 and 2 of section 17-108 of the election law, as 50 amended by chapter 373 of the laws of 1978, are amended to read as 51 follows: 52 1. Any person who wilfully loses, alters, destroys or mutilates the 53 list of voters or registration poll ledgers, a challenge affidavit, or a 54 challenge report in any election district, or a certified copy thereof, 55 is guilty of a misdemeanor.S. 2301 4 1 2. An applicant for registration who shall make, incorporate or cause 2 to be incorporated a material false statement in an application for 3 registration, or in any challenge or other affidavit required for or 4 made or filed in connection with registration or voting, and any person 5 who knowingly takes a false oath before a board of inspectors of 6 election, and any person who makes a material false statement in a 7 medical certificate, a challenge affidavit or an affidavit filed in 8 connection with an application for registration, is guilty of a misde- 9 meanor. 10 § 9. This act shall take effect immediately.