Bill Text: NY S03045 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 3045 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Provides that if the board of elections determines that a person was entitled to vote it shall cast and canvass such ballot if such board finds that the voter substantially complied with the requirements of the election law; failure to provide previous address not deemed a fatal defect and ballot cast and counted.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2019-12-20 - approval memo.64 [S03045 Detail]

Download: New_York-2019-S03045-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3045
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 1, 2019
                                       ___________
        Introduced  by  Sens. COMRIE, GIANARIS, HOYLMAN, KENNEDY, MAYER, RIVERA,
          SEPULVEDA -- 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 voter affidavits
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (ii) of paragraph  (e)  of  subdivision  3  of
     2  section  8-302  of the election law, as separately amended by chapters 3
     3  and 6 of the laws of 2019, is amended to read as follows:
     4    (ii) He or she may swear to and subscribe an affidavit stating that he
     5  or she has duly  registered  to  vote,  the  address  in  such  election
     6  district  from which he or she registered, that he or she remains a duly
     7  qualified voter in such election district, that his or her  registration
     8  poll  record  appears  to  be  lost or misplaced or that his or her name
     9  and/or his or her signature was  omitted  from  the  computer  generated
    10  registration  list or such record indicates the voter already voted when
    11  he or she did not do so or that he or she  has  moved  within  New  York
    12  state since he or she last registered, [the address from which he or she
    13  was  previously registered and] the address at which he or she currently
    14  resides, and at a primary election, the party in  which  he  or  she  is
    15  enrolled.  The  inspectors  of election shall offer such an affidavit to
    16  each such voter whose residence address is in  such  election  district.
    17  Each  such  affidavit  shall  substantially comply with and be in a form
    18  prescribed by the state board of  elections,  shall  be  printed  on  an
    19  envelope  of  the size and quality used for an absentee ballot envelope,
    20  and shall contain an acknowledgment that the  affiant  understands  that
    21  any false statement made therein is perjury punishable according to law.
    22  Such  form  prescribed  by  the  state  board of elections shall request
    23  information required to register such  voter  should  the  county  board
    24  determine  that  such  voter  is  not registered and shall constitute an
    25  application to register to  vote.  The  voter's  name  and  the  entries
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02909-02-9

        S. 3045                             2
     1  required shall then be entered without delay and without further inquiry
     2  in  the  fourth section of the challenge report or in the place provided
     3  at the end of the computer generated registration list, with  the  nota-
     4  tion  that  the voter has executed the affidavit hereinabove prescribed,
     5  or, if such person's name appears on the computer generated registration
     6  list, the board of elections may provide a place to make such entry next
     7  to his or her name on such list.  The voter shall then, without  further
     8  inquiry,  be  permitted to vote an affidavit ballot provided for by this
     9  chapter. Such ballot shall thereupon be placed in the envelope  contain-
    10  ing  his  or  her affidavit, and the envelope sealed and returned to the
    11  board of elections in the manner provided by this chapter for  protested
    12  official ballots, including a statement of the number of such ballots.
    13    §  2.  This  act  shall  take  effect on the same date and in the same
    14  manner as section 2 of chapter 3 of the laws of 2019, takes effect.