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

                                  6817

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 19, 2013
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Election Law

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:

  Section 1. Subparagraph (ii) of paragraph  (e)  of  subdivision  3  of
section 8-302 of the election law, as amended by chapter 164 of the laws
of 2010, 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 SUBSTANTIALLY COMPLY WITH AND  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  registered  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08466-01-3
              

A. 6817                             2

at  the  end of the computer generated registration list, with the nota-
tion that the voter has executed the 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 affidavit ballot provided for  by  this
chapter.  Such ballot shall thereupon be placed in the envelope contain-
ing 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 2. This act shall take effect immediately.