Bill Text: NY S03133 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the removal of a voter from voting rolls due to death.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ELECTIONS [S03133 Detail]

Download: New_York-2015-S03133-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3133
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- 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 removal of a voter from
         voting rolls due to death
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The election law is amended by adding a new section 5-714
    2  to read as follows:
    3    S 5-714. DEATH OF A REGISTERED VOTER. 1. PURSUANT TO PARAGRAPH (E)  OF
    4  SUBDIVISION  ONE OF SECTION 5-400 OF THIS ARTICLE, DEATH SHALL RESULT IN
    5  THE CANCELLATION OF A VOTER'S REGISTRATION. IN ORDER TO ENSURE THAT  THE
    6  NAME  OF  A  VOTER IS REMOVED FROM THE REGISTRATION ROLL UPON DEATH, THE
    7  NEW YORK STATE BOARD OF  ELECTIONS  SHALL  REVIEW  THE  SOCIAL  SECURITY
    8  ADMINISTRATION DEATH MASTER FILE ON AN ANNUAL BASIS, PRIOR TO JULY FIRST
    9  OF  EACH  CALENDAR YEAR.   NOTIFICATION SHALL BE SENT TO THE APPROPRIATE
   10  LOCAL BOARD OF ELECTIONS BY JULY THIRTIETH OF EACH  CALENDAR  YEAR,  AND
   11  THE  LOCAL  BOARD OF ELECTIONS SHALL IMMEDIATELY REMOVE THE NAMES OF ALL
   12  DECEASED VOTERS FROM THE REGISTRATION ROLL.
   13    2. IN THE EVENT THAT AN INDIVIDUAL CLAIMS THAT THEIR  NAME  WAS  ERRO-
   14  NEOUSLY  REMOVED  FROM  THE  ROLL, THEY SHALL BE ENTITLED TO CAST A VOTE
   15  THROUGH AN AFFIDAVIT BALLOT IN THE SAME MANNER AS A VOTER WHO IS  DEEMED
   16  TO  BE INACTIVE.  UPON THIS EVENT, THE BOARD OF ELECTIONS SHALL COMMENCE
   17  AN INQUIRY TO DETERMINE WHETHER THE NAME OF THE VOTER HAS IN  FACT  BEEN
   18  REMOVED FROM THE REGISTRATION ROLL DUE TO AN ERROR. IN THE EVENT THAT AN
   19  ERROR  IS  FOUND, THE AFFIDAVIT BALLOT SHALL BE COUNTED AND THE INDIVID-
   20  UAL'S NAME SHALL BE REINSTATED ON THE REGISTRATION ROLL.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02329-01-5