NY State Assembly Bill 2009-A1002

Assembly Bill A1002

Signed By Governor

2009-2010 Legislative Session

Provides that a voter claiming to live within an election district in which the voter seeks to vote being advised of the proper polling place and election district

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 28, 2009	signed chap.489
Oct 16, 2009	delivered to governor
Sep 10, 2009	returned to assembly passed senate 3rd reading cal.393 substituted for s2443b
Jun 16, 2009	committed to rules returned to senate
Jun 15, 2009	repassed assembly
Jun 08, 2009	amended on third reading 1002c
Jun 08, 2009	vote reconsidered - restored to third reading returned to assembly recalled from senate
Jun 03, 2009	referred to elections delivered to senate passed assembly
May 27, 2009	amended on third reading 1002b
May 13, 2009	amended on third reading 1002a
Mar 12, 2009	advanced to third reading cal.210
Mar 11, 2009	reported
Jan 07, 2009	referred to election law

Votes

- Sep 10, 2009 - Floor Vote
  A1002
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Sep 10, 2009
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (3)
      
      Bonacic
      
      Foley
      
      Huntley

Bill Amendments

Original

C (Active)

2009-A1002 - Details

Laws Affected:: Amd §§4-128, 4-132 & 8-302, El L

2009-A1002 - Summary

Provides that a voter claiming to live within an election district in which the voter seeks to vote be advised by the poll clerk or election inspector of the proper polling place and election district and provides that such voter shall be permitted to vote in said election district.

2009-A1002 - Sponsor Memo

                                BILL NUMBER:A1002

TITLE OF BILL:  An act to amend the election law, in relation to a voter
claiming to live within an election district in which the voter seeks to
vote being advised of the proper polling place and election district and
being allowed to vote in said election district

PURPOSE OR GENERAL IDEA OF BILL: To enable voters to vote in the correct
polling place by providing such items as maps, street finders, or other
descriptions of polling places are provided to poll-watchers. To require
a poll clerk or election inspector to consult a map, street finder or
other description of all of the polling places in the election districts
within the county in order to advise the voter of his or her correct
polling place, so as to ensure that a vote cast by affidavit ballot is
cast in the correct polling place and will, therefore, be counted.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends the section heading
and subdivision 1 of section 4-128 of the election law, as amended by
chapter 91 of the laws of 1992, by requiring the board of elections of
each county to provide a sufficient number of maps, street finders or
other descriptions of all the polling places and election districts
within the county in which the polling place is located in addition to
the items that they are already required to provide. Such items will
enable the election inspectors and poll clerks to determine the correct
election district and polling place for each street address within the
county in which the polling place is located and to, in turn, direct

voters to that proper voting location.

Section two amends the opening paragraph of section 4-132 of the
election law, as amended by chapter 164 of the laws of 1985, and adds a
new subdivision d which adds a sufficient number of maps, street finders
or other descriptions of all polling places and election districts with-
in the county in which the polling place is located to the list of
things to be supplied by the board of elections or the town clerk.

Section three amends the opening paragraph of paragraph (e) of subdivi-
sion 3 of section 8-302 of the election law, as amended by chapter 200
of the laws of 1996, to require a poll clerk or election inspector to
consult a map, street finder or other description of all of the polling
places and election districts within the county in which such election
district is located in order to advise the voter of his or her correct
polling place and election district whenever a voter claims to live in
the election district in which he or she wishes to cast his or her
ballot and there is no record of such voter.

Section four defines the effective date as immediately.

JUSTIFICATION: The purpose of these amendments is to ensure that voters
who vote by affidavit ballot have a realistic chance to exercise the
franchise. A voter has the option of voting by affidavit ballot when the
inspectors of election (hereinafter "poll workers") cannot find the
voter's registration in the records at the polling place on election

day. As recently affirmed by the Court of Appeals in Matter of Panio v.
Sunderland, 4 NY3d 123, 791 NYS2d 57 (2005), affidavit ballots cast by
voters in the wrong polling place cannot be counted. In Matter of Panio,
the Court of Appeals rejected the claim that the failure to provide
street finders for poll workers to consult before giving voters affida-
vit ballots was a ministerial error by the Board of Elections. The
proposed amendments are necessary to insure that the affidavit ballot
does not become what one commentator has termed a "placebo ballot,"
instead of a fail-safe method by which duly registered voters may vote
on election day, as mandated by the Help America Vote Act (HAVA). (Ari
Weisbard, "Placebo Ballots Will 'Fail-Safe' Voting Fail?,"
www.usa.org/pub295.cfm) The proposed amendments to Election Law §§ 4-128
and 4-132 will insure that poll workers are supplied with county-wide
street finders to enable them to determine whether voters are in the
correct polling place on election day. In addition, the amendment to
Election Law §8-302 will mandate that poll workers have a duty to check
the street finder prior to providing a voter with an affidavit ballot.

Affidavit ballots are utilized by voters whose names do not appear in
the registration records. A voter's name may not appear in the registra-
tion records because the registration poll record may be lost or
misplaced, the voter may have been placed on "inactive" status pursuant
to Election Law §5-213, or the voter may have moved within the county
and remain eligible to vote by affidavit ballot at the polling place for
the voter's new residence (while his name remains in the poll book for
his prior address).

The Election Law does not make it easy for voters to determine where to
vote. Voters are sent a "check" card, pursuant to Election Law
§4-117(1). This card is used to verify that voters are still residing at
the address at which they registered to vote, as well as to advise
voters of a change in the location of their polling place. However, the
card must be sent more than two months before election day and it is not
sent to voters whose status is "inactive."  Id. In addition, because the
check card is not forwardable, it is not received by any voter who has
moved.  Id. So, the two largest classes of voters for whom affidavit
ballots were created -- inactive voters and voters who have moved --
will never receive the cards advising them where to vote, and those
voters who do receive them, will get them at some time prior to Labor
Day for an election to take place in November.

For a voter who has never received notification of where to vote, or did
so months before election day, it is not a simple process to go to the
right polling place. And in the absence of a comprehensive street
finder, a poll worker lacks the tools to direct a voter who has ended up
in the wrong place on election day.

The poll workers provide the affidavit ballot to the voter. Prior to
providing it to a voter whose name does not appear in the registration
records for that polling place, Election Law §8-302(1) currently
provides that the poll workers have the responsibility of "verifying the
right of persons to vote." However, the Election Law does not require

that the poll workers ascertain whether the voter is in the polling
place assigned for his or her address prior to giving the voter an affi-
davit ballot. And although the Board of Elections is required to provide
poll workers with "a map or certified description of the election
district and adjoining election districts," Election Law §5-502(1), that
is insufficient to direct a voter to the correct polling place if the
voter resides elsewhere in the county.

In Matter of Panio, supra, 457 affidavit ballots cast by duly registered
voters who were in the wrong polling place were rejected in a race that
was decided by 18 votes. The evidence presented at the trial showed that
in one municipality the poll workers received at most only a few pages
of street finders, rather than a comprehensive list, and that some poll
workers received no street finders at all (Trial Transcript, pp. 1322,
231-232). As a result, if the poll workers could not find a voter's name
in their poll book, they could not determine whether the voter was in
the right polling place. These voters were effectively disenfranchised.

An affidavit ballot is not a realistic alternative if it has no chance
of being counted because the voter casts it in the wrong polling place.
It is incumbent upon the Legislature to insure that poll workers have
street finders to enable them to direct voters to the correct place and
to mandate that poll workers consult the street finder before supplying
a voter with an affidavit ballot.

PRIOR LEGISLATIVE HISTORY:  7256, 2008 and 2007 referred to election
law. Same as S.6991 (Stewart-Cousins), 2008 referred to election.
A9313-A, 2006 advanced to third reading.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: Immediately.

2009-A1002 - Bill Text download pdf

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

                                  1002

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BENJAMIN, BOYLAND, FIELDS, LATIM-
  ER, MAGNARELLI, N. RIVERA -- Multi-Sponsored by --  M.  of  A.  CLARK,
  GOTTFRIED,  GREENE,  GUNTHER,  MAYERSOHN,  PHEFFER, WEISENBERG -- read
  once and referred to the Committee on Election Law

AN ACT to amend the election law, in relation to  a  voter  claiming  to
  live  within  an  election  district  in which the voter seeks to vote
  being advised of the proper polling place and  election  district  and
  being allowed to vote in said election district

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

  Section 1. The section heading and subdivision 1 of section  4-128  of
the  election law, subdivision 1 as amended by chapter 91 of the laws of
1992, are amended to read as follows:
  Supplies; furnished by board of elections or [city,] town [or village]
clerk.
  1. The board of elections of each county shall provide  the  requisite
number  of  official  and facsimile ballots, two cards of instruction to
voters in the form prescribed by the state board of elections, at  least
one  copy of the instruction booklet for inspectors, A SUFFICIENT NUMBER
OF MAPS, STREET FINDERS OR OTHER DESCRIPTIONS  OF  ALL  OF  THE  POLLING
PLACES  AND  ELECTION  DISTRICTS  WITHIN THE COUNTY IN WHICH THE POLLING
PLACE IS LOCATED TO ENABLE THE ELECTION INSPECTORS AND  POLL  CLERKS  TO
DETERMINE  THE  CORRECT  ELECTION  DISTRICT  AND  POLLING PLACE FOR EACH
STREET ADDRESS WITHIN THE COUNTY IN WHICH THE POLLING PLACE IS  LOCATED,
distance  markers,  tally  sheets and return blanks, pens, black ink, or
ball point pens with black ink, pencils having black lead, envelopes for
the ballots of voters whose registration poll records  are  not  in  the
ledger  or  whose  names  are not on the computer generated registration
list, envelopes for returns, identification buttons, badges  or  emblems
for  the inspectors and clerks in the form prescribed by the state board

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

                                                           LBD01569-01-9

A. 1002                             2

of elections and such other articles of stationery as may  be  necessary
for  the  proper conduct of elections, except that when a town[, city or
village] holds an election not conducted by the board of elections,  the
clerk  of  such town[, city or village,] shall provide such official and
facsimile ballots and the necessary blanks, supplies and stationery  for
such election.
  S  2.  The  opening paragraph of section 4-132 of the election law, as
amended by chapter 164 of the laws of 1985, is amended and a new  subdi-
vision d is added to read as follows:
  [In  the  cities  of New York and Buffalo, and cities and towns of the
counties of Monroe, Nassau and Suffolk, respectively, the] THE board  of
elections  [and  in any other city] or [in any other town,] the town [or
city] clerk shall provide  in  each  polling  place,  as  required,  the
following articles:
  D.  A  SUFFICIENT NUMBER OF MAPS, STREET FINDERS OR OTHER DESCRIPTIONS
OF ALL OF THE POLLING PLACES AND ELECTION DISTRICTS WITHIN THE COUNTY IN
WHICH THE POLLING PLACE IS LOCATED TO ENABLE THE ELECTION INSPECTORS AND
POLL CLERKS TO DETERMINE THE CORRECT ELECTION DISTRICT AND POLLING PLACE
FOR EACH STREET ADDRESS WITHIN THE COUNTY IN WHICH THE POLLING PLACE  IS
LOCATED.
  S  3.  The  opening  paragraph  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:
  Whenever a voter presents himself OR HERSELF  and  offers  to  cast  a
ballot,  and [the address at which] he OR SHE claims to live [is] in the
election district in which he OR SHE seeks to vote but  no  registration
poll record can be found for him OR HER in the poll ledger or his OR HER
name  does not appear on the computer generated registration list or his
OR HER signature does not appear next to his OR HER name on such comput-
er generated registration list or his OR HER registration poll record or
the computer generated registration list does not show him OR HER to  be
enrolled  in  the party in which he OR SHE claims to be enrolled, [he] A
POLL CLERK OR ELECTION INSPECTOR SHALL CONSULT A MAP, STREET  FINDER  OR
OTHER  DESCRIPTION  OF  ALL OF THE POLLING PLACES AND ELECTION DISTRICTS
WITHIN THE COUNTY IN WHICH SAID ELECTION DISTRICT IS LOCATED AND  ADVISE
THE  VOTER OF THE CORRECT POLLING PLACE AND ELECTION DISTRICT WITHIN THE
COUNTY FOR THE RESIDENCE ADDRESS PROVIDED BY  THE  VOTER  TO  SUCH  POLL
CLERK  OR ELECTION INSPECTOR.  THEREAFTER, SUCH VOTER shall be permitted
to vote IN SAID ELECTION DISTRICT only as hereinafter provided:
  S 4. This act shall take effect immediately.

2009-A1002A - Details

Laws Affected:: Amd §§4-128, 4-132 & 8-302, El L

2009-A1002A - Summary

2009-A1002A - Bill Text download pdf

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

                                 1002--A
                                                        Cal. No. 210

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BENJAMIN, BOYLAND, FIELDS, LATIM-
  ER, MAGNARELLI, N. RIVERA -- Multi-Sponsored by --  M.  of  A.  CLARK,
  FARRELL,  GOTTFRIED,  GUNTHER,  MAYERSOHN, PHEFFER, WEISENBERG -- read
  once and referred to the Committee on Election Law  --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

AN  ACT  to  amend  the election law, in relation to a voter claiming to
  live within an election district in which  the  voter  seeks  to  vote
  being  advised  of  the proper polling place and election district and
  being allowed to vote in said election district

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

  Section  1.    Subdivision  1 of section 4-128 of the election law, as
amended by chapter 91 of the  laws  of  1992,  is  amended  to  read  as
follows:
  1.  The  board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards  of  instruction  to
voters  in the form prescribed by the state board of elections, at least
one copy of the instruction booklet for inspectors, A SUFFICIENT  NUMBER
OF  MAPS,  STREET  FINDERS  OR  OTHER DESCRIPTIONS OF ALL OF THE POLLING
PLACES AND ELECTION DISTRICTS WITHIN THE COUNTY  IN  WHICH  THE  POLLING
PLACE  IS  LOCATED  TO ENABLE THE ELECTION INSPECTORS AND POLL CLERKS TO
DETERMINE THE CORRECT ELECTION  DISTRICT  AND  POLLING  PLACE  FOR  EACH
STREET  ADDRESS WITHIN THE COUNTY IN WHICH THE POLLING PLACE IS LOCATED,
distance markers, tally sheets and return blanks, pens,  black  ink,  or
ball point pens with black ink, pencils having black lead, envelopes for
the  ballots  of  voters  whose registration poll records are not in the
ledger or whose names are not on  the  computer  generated  registration
list,  envelopes  for returns, identification buttons, badges or emblems
for the inspectors and clerks in the form prescribed by the state  board

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01569-06-9

A. 1002--A                          2

of  elections  and such other articles of stationery as may be necessary
for the proper conduct of elections, except that when a  town,  city  or
village  holds  an election not conducted by the board of elections, the
clerk  of  such  town,  city or village, shall provide such official and
facsimile ballots and the necessary blanks, supplies and stationery  for
such election.
  S  2.  The  opening paragraph of section 4-132 of the election law, as
amended by chapter 164 of the laws of 1985, is amended and a new  subdi-
vision d is added to read as follows:
  [In  the  cities  of New York and Buffalo, and cities and towns of the
counties of Monroe, Nassau and Suffolk, respectively, the] THE board  of
elections  [and  in  any  other city or in any other town], the town [or
city clerk], CITY OR VILLAGE CLERK, WHEN A TOWN, CITY OR  VILLAGE  HOLDS
AN  ELECTION  NOT  CONDUCTED BY THE BOARD OF ELECTIONS, shall provide in
each polling place, as required, the following articles:
  D. A SUFFICIENT NUMBER OF MAPS, STREET FINDERS OR  OTHER  DESCRIPTIONS
OF ALL OF THE POLLING PLACES AND ELECTION DISTRICTS WITHIN THE COUNTY IN
WHICH THE POLLING PLACE IS LOCATED TO ENABLE THE ELECTION INSPECTORS AND
POLL CLERKS TO DETERMINE THE CORRECT ELECTION DISTRICT AND POLLING PLACE
FOR  EACH STREET ADDRESS WITHIN THE COUNTY IN WHICH THE POLLING PLACE IS
LOCATED.
  S 3. The opening paragraph  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:
  Whenever  a  voter  presents  himself  OR HERSELF and offers to cast a
ballot, and [the address at which] he OR SHE claims to live [is] in  the
election  district  in which he OR SHE seeks to vote but no registration
poll record can be found for him OR HER in the poll ledger or his OR HER
name does not appear on the computer generated registration list or  his
OR HER signature does not appear next to his OR HER name on such comput-
er generated registration list or his OR HER registration poll record or
the  computer generated registration list does not show him OR HER to be
enrolled in the party in which he OR SHE claims to be enrolled,  [he]  A
POLL  CLERK  OR ELECTION INSPECTOR SHALL CONSULT A MAP, STREET FINDER OR
OTHER DESCRIPTION OF ALL OF THE POLLING PLACES  AND  ELECTION  DISTRICTS
WITHIN  THE COUNTY IN WHICH SAID ELECTION DISTRICT IS LOCATED AND ADVISE
THE VOTER OF THE CORRECT POLLING PLACE AND ELECTION DISTRICT WITHIN  THE
COUNTY  FOR  THE  RESIDENCE  ADDRESS  PROVIDED BY THE VOTER TO SUCH POLL
CLERK OR ELECTION INSPECTOR.  THEREAFTER, SUCH VOTER shall be  permitted
to vote IN SAID ELECTION DISTRICT only as hereinafter provided:
  S 4. This act shall take effect immediately.

2009-A1002B - Details

Laws Affected:: Amd §§4-128, 4-132 & 8-302, El L

2009-A1002B - Summary

2009-A1002B - Bill Text download pdf

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

                                 1002--B
                                                        Cal. No. 210

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BENJAMIN, BOYLAND, FIELDS, LATIM-
  ER, MAGNARELLI, N. RIVERA -- Multi-Sponsored by --  M.  of  A.  CLARK,
  FARRELL,  GOTTFRIED,  GUNTHER,  MAYERSOHN, PHEFFER, WEISENBERG -- read
  once and referred to the Committee on Election Law  --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining  its place on the order of third reading -- again amended on
  third reading, ordered reprinted, retaining its place on the order  of
  third reading

AN  ACT  to  amend  the election law, in relation to a voter claiming to
  live within an election district in which  the  voter  seeks  to  vote
  being  advised  of  the proper polling place and election district and
  being allowed to vote in said election district

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

  Section  1.    Subdivision  1 of section 4-128 of the election law, as
amended by chapter 91 of the  laws  of  1992,  is  amended  to  read  as
follows:
  1.  The  board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards  of  instruction  to
voters  in the form prescribed by the state board of elections, at least
one copy of the instruction booklet for inspectors, A SUFFICIENT  NUMBER
OF  MAPS,  STREET  FINDERS  OR  OTHER DESCRIPTIONS OF ALL OF THE POLLING
PLACES AND ELECTION DISTRICTS WITHIN THE COUNTY  IN  WHICH  THE  POLLING
PLACE  IS  LOCATED  TO ENABLE THE ELECTION INSPECTORS AND POLL CLERKS TO
DETERMINE THE CORRECT ELECTION  DISTRICT  AND  POLLING  PLACE  FOR  EACH
STREET  ADDRESS WITHIN THE COUNTY IN WHICH THE POLLING PLACE IS LOCATED,
distance markers, tally sheets and return blanks, pens,  black  ink,  or
ball point pens with black ink, pencils having black lead, envelopes for
the  ballots  of  voters  whose registration poll records are not in the
ledger or whose names are not on  the  computer  generated  registration

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01569-08-9

A. 1002--B                          2

list,  envelopes  for returns, identification buttons, badges or emblems
for the inspectors and clerks in the form prescribed by the state  board
of  elections  and such other articles of stationery as may be necessary
for  the  proper  conduct of elections, except that when a town, city or
village holds an election not conducted by the board of  elections,  the
clerk  of  such  town,  city or village, shall provide such official and
facsimile ballots and the necessary blanks, supplies and stationery  for
such election.
  S  2.  The  opening paragraph of section 4-132 of the election law, as
amended by chapter 164 of the laws of 1985, is amended and a new  subdi-
vision d is added to read as follows:
  [In  the  cities  of New York and Buffalo, and cities and towns of the
counties of Monroe, Nassau and Suffolk, respectively, the] THE board  of
elections  [and  in  any  other city or in any other town,] the town [OR
city clerk], CITY OR VILLAGE CLERK, WHEN A TOWN, CITY OR  VILLAGE  HOLDS
AN  ELECTION  NOT  CONDUCTED BY THE BOARD OF ELECTIONS, shall provide in
each polling place, as required, the following articles:
  D. A SUFFICIENT NUMBER OF MAPS, STREET FINDERS OR  OTHER  DESCRIPTIONS
OF ALL OF THE POLLING PLACES AND ELECTION DISTRICTS WITHIN THE COUNTY IN
WHICH THE POLLING PLACE IS LOCATED TO ENABLE THE ELECTION INSPECTORS AND
POLL CLERKS TO DETERMINE THE CORRECT ELECTION DISTRICT AND POLLING PLACE
FOR  EACH STREET ADDRESS WITHIN THE COUNTY IN WHICH THE POLLING PLACE IS
LOCATED.
  S 3. The opening paragraph  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:
  Whenever  a  voter  presents  himself  OR HERSELF and offers to cast a
ballot, and [the address at which] he OR SHE claims to live [is] in  the
election  district  in which he OR SHE seeks to vote but no registration
poll record can be found for him OR HER in the poll ledger or his OR HER
name does not appear on the computer generated registration list or  his
OR HER signature does not appear next to his OR HER name on such comput-
er generated registration list or his OR HER registration poll record or
the  computer generated registration list does not show him OR HER to be
enrolled in the party in which he OR SHE claims to be enrolled,  [he]  A
POLL  CLERK  OR ELECTION INSPECTOR SHALL CONSULT A MAP, STREET FINDER OR
OTHER DESCRIPTION OF ALL OF THE POLLING PLACES  AND  ELECTION  DISTRICTS
WITHIN  THE COUNTY IN WHICH SAID ELECTION DISTRICT IS LOCATED AND ADVISE
THE VOTER OF THE CORRECT POLLING PLACE AND ELECTION DISTRICT WITHIN  THE
COUNTY  FOR  THE  RESIDENCE  ADDRESS  PROVIDED BY THE VOTER TO SUCH POLL
CLERK OR ELECTION INSPECTOR.  THEREAFTER, SUCH VOTER shall be  permitted
to vote IN SAID ELECTION DISTRICT only as hereinafter provided:
  S 4. This act shall take effect immediately.

2009-A1002C (ACTIVE) - Details

Laws Affected:: Amd §§4-128, 4-132 & 8-302, El L

2009-A1002C (ACTIVE) - Summary

2009-A1002C (ACTIVE) - Bill Text download pdf

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

                                 1002--C
                                                        Cal. No. 210

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BENJAMIN, BOYLAND, FIELDS, LATIM-
  ER, MAGNARELLI, N. RIVERA -- Multi-Sponsored by --  M.  of  A.  CLARK,
  FARRELL,  GOTTFRIED,  GUNTHER,  MAYERSOHN, PHEFFER, WEISENBERG -- read
  once and referred to the Committee on Election Law  --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining  its place on the order of third reading -- again amended on
  third reading, ordered reprinted, retaining its place on the order  of
  third  reading  --  passed  by  Assembly  and delivered to the Senate,
  recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
  reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the election law, in relation to a voter claiming to
  live within an election district in which  the  voter  seeks  to  vote
  being  advised  of  the proper polling place and election district and
  being allowed to vote in said election district

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

  Section  1.    Subdivision  1 of section 4-128 of the election law, as
amended by chapter 91 of the  laws  of  1992,  is  amended  to  read  as
follows:
  1.  The  board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards  of  instruction  to
voters  in the form prescribed by the state board of elections, at least
one copy of the instruction booklet for inspectors, A SUFFICIENT  NUMBER
OF  MAPS,  STREET  FINDERS  OR  OTHER DESCRIPTIONS OF ALL OF THE POLLING
PLACES AND ELECTION DISTRICTS WITHIN THE COUNTY  IN  WHICH  THE  POLLING
PLACE  IS  LOCATED  TO ENABLE THE ELECTION INSPECTORS AND POLL CLERKS TO
DETERMINE THE CORRECT ELECTION  DISTRICT  AND  POLLING  PLACE  FOR  EACH
STREET  ADDRESS WITHIN THE COUNTY IN WHICH THE POLLING PLACE IS LOCATED,
distance markers, tally sheets and return blanks, pens,  black  ink,  or
ball point pens with black ink, pencils having black lead, envelopes for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01569-11-9

A. 1002--C                          2

the  ballots  of  voters  whose registration poll records are not in the
ledger or whose names are not on  the  computer  generated  registration
list,  envelopes  for returns, identification buttons, badges or emblems
for  the inspectors and clerks in the form prescribed by the state board
of elections and such other articles of stationery as may  be  necessary
for  the  proper  conduct of elections, except that when a town, city or
village holds an election not conducted by the board of  elections,  the
clerk  of  such  town,  city or village, shall provide such official and
facsimile ballots and the necessary blanks, supplies and stationery  for
such election.
  S  2.  The  opening paragraph of section 4-132 of the election law, as
amended by chapter 164 of the laws of 1985, is amended and a new  subdi-
vision d is added to read as follows:
  [In  the  cities  of New York and Buffalo, and cities and towns of the
counties of Monroe, Nassau and Suffolk, respectively, the] THE board  of
elections  [and in any other city or in any other town,] OR the town [or
city clerk], CITY OR VILLAGE CLERK, WHEN A TOWN, CITY OR  VILLAGE  HOLDS
AN  ELECTION  NOT  CONDUCTED BY THE BOARD OF ELECTIONS, shall provide in
each polling place, as required, the following articles:
  D. A SUFFICIENT NUMBER OF MAPS, STREET FINDERS OR  OTHER  DESCRIPTIONS
OF ALL OF THE POLLING PLACES AND ELECTION DISTRICTS WITHIN THE COUNTY IN
WHICH THE POLLING PLACE IS LOCATED TO ENABLE THE ELECTION INSPECTORS AND
POLL CLERKS TO DETERMINE THE CORRECT ELECTION DISTRICT AND POLLING PLACE
FOR  EACH STREET ADDRESS WITHIN THE COUNTY IN WHICH THE POLLING PLACE IS
LOCATED.
  S 3. The opening paragraph  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:
  Whenever  a  voter  presents  himself  OR HERSELF and offers to cast a
ballot, and [the address at which] he OR SHE claims to live [is] in  the
election  district  in which he OR SHE seeks to vote but no registration
poll record can be found for him OR HER in the poll ledger or his OR HER
name does not appear on the computer generated registration list or  his
OR HER signature does not appear next to his OR HER name on such comput-
er generated registration list or his OR HER registration poll record or
the  computer generated registration list does not show him OR HER to be
enrolled in the party in which he OR SHE claims to be enrolled,  [he]  A
POLL  CLERK  OR ELECTION INSPECTOR SHALL CONSULT A MAP, STREET FINDER OR
OTHER DESCRIPTION OF ALL OF THE POLLING PLACES  AND  ELECTION  DISTRICTS
WITHIN  THE COUNTY IN WHICH SAID ELECTION DISTRICT IS LOCATED AND ADVISE
THE VOTER OF THE CORRECT POLLING PLACE AND ELECTION DISTRICT WITHIN  THE
COUNTY  FOR  THE  RESIDENCE  ADDRESS  PROVIDED BY THE VOTER TO SUCH POLL
CLERK OR ELECTION INSPECTOR.  THEREAFTER, SUCH VOTER shall be  permitted
to vote IN SAID ELECTION DISTRICT only as hereinafter provided:
  S 4. This act shall take effect immediately.

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