NY State Senate Bill 2015-S4426

Senate Bill S4426

2015-2016 Legislative Session

Eliminates requirement that affidavits subscribed by voters contain the address where he or she was previously registered and substantially comply with a form prescribed by state board of elections

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Archive: Last Bill Status - In Senate Committee Elections Committee

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
Jan 06, 2016	referred to elections
Mar 20, 2015	referred to elections

co-Sponsors

2015-S4426 (ACTIVE) - Details

See Assembly Version of this Bill:: A2098
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-302, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4270, A6817
2017-2018: S1265, A7484
2019-2020: S3045, A1320

2015-S4426 (ACTIVE) - Summary

Eliminates requirement that affidavits subscribed by voters contain the address where he or she was previously registered and substantially comply with a form prescribed by the state board of elections.

2015-S4426 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4426

TITLE OF BILL:  An act to amend the election law, in relation to voter
affidavits

PURPOSE:

This bill eliminates the requirement for a voter utilizing an
affidavit ballot to include their previous address in the affidavit
mandated in support of their request for a ballot. In addition, the
bill would add language recognizing substantial compliance with the
requirements of these affidavits; pursuant to Election Law Section
8-302(3)(e)(ii).

SUMMARY OF PROVISIONS:

Section one of the bill eliminates the requirement to include previous
registration address when applying for an affidavit ballot. The bill
also adds language that requires a voter to substantially comply with
the law regarding the form and filing of affidavits and affidavit
ballots.

JUSTIFICATION:

This bill removes the requirement in Election Law Section
8-302(3)(e)(ii) that a voter filing an affidavit ballot include in

that document the address from which they were last registered to
vote. In addition, the bill adds "substantial compliance" to the
requirements for demonstrating completion of the affidavit and ballot.

Under current law, the requirement that this information be included
by a voter needing to utilize an affidavit ballot is an unnecessary
obstacle to a person's exercising their right to vote. The role of the
affidavit ballot is to allow a person - swearing under penalty of
perjury that they are registered to vote, they remain a duly qualified
voter in the election district, and that their poll records, through
no fault of their own, have been omitted or misplaced from the system
utilized by the local board of elections - to cast their vote on a
paper ballot.

The requirement that they include the address from which they
previously registered, no matter how long ago that may have been, is
unduly onerous, and serves no legitimate purpose in determining the
validity of the instant application.

The bill also includes "substantial compliance" language for review of
adherence to this section of law The provision redresses the on-going
practice of utilizing hyper-technical legal challenges to affidavit
ballots in an all-too-often successful effort to deny a person their
constitutional right to vote.

This language will allow the validity of the ballot to be determined
based upon compliance with the language of the statute and the actions
and intentions of the voter, without limiting the state's ability to
protect against voter fraud.

LEGISLATIVE HISTORY:


S.4270 2013-14

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4426 (ACTIVE) - Bill Text download pdf

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

                                  4426

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- 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:

  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.
                                                           LBD06321-01-5

S. 4426                             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.

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Senate Bill S4426

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Timothy M. Kennedy

Bill Perkins

Gustavo Rivera

Daniel L. Squadron

2015-S4426 (ACTIVE) - Details

2015-S4426 (ACTIVE) - Summary

2015-S4426 (ACTIVE) - Sponsor Memo

2015-S4426 (ACTIVE) - Bill Text download pdf

Comments