NY State Senate Bill 2017-S8654

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to elections

2017-S8654 (ACTIVE) - Details

See Assembly Version of this Bill:: A6587
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§4-117, 8-502, 8-504, 8-508, 8-510 & 17-108, add §8-503, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2301, A3334
2021-2022: S2955, A4264
2023-2024: S2987, A290

2017-S8654 (ACTIVE) - Summary

Provides protections against illegal voter purging.

2017-S8654 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8654

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the election law, in relation to providing protections
against illegal voter purging

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to enhance the ability of every qualified
New Yorkers to exercise his or her fundamental right to vote by bolster-
ing voter protections when challenges to voter qualifications are made
by non-election officials.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 4 to section 4-117 of the Election Law
to provide that any person, other than an election officer, who mails or
causes to be mailed, between August 1St and December 314 of any calendar
year, any first class nonforwardable mail, where such person knows or

reasonably should know that such nonforwardable mail:  (a) is intended
to be delivered to a registered voter; and (b) may be used by a challen-
ger, other than an election officer, on election day to challenge the
qualifications of a voter, shall file with the board of elections within
2 business days a duplicate copy of the nonforwardable mail, a duplicate
copy of the names and addresses to which such mail was sent and a
completed form as prescribed the board of elections. Failure to comply
with the requirements of this newly added subdivision is made punishable
as a misdemeanor.

Section 2 amends section 8-502 of the Election Law to require any
person, other than an election inspector, who challenges the qualifica-
tions of a voter to complete, execute and deliver to the board of
inspectors a challenge affidavit that satisfies the requirements of
section 8-503 of the Election Law.

Section 3 adds a new section 8-503 to the Election Law to: (a) require
NYS BOE to prescribe the form and content of an election day challenge
affidavit for use at any election and make the forms available to all
qualified voters, and (b) establish the procedures to be followed by a
person completing a challenge affidavit and by the election inspector
administering the oath/affirmation required by that section.

Section 4 amends 8-504 of the Election Law to prescribe the questions
and preliminary oath given to voter's whose qualifications are chal-
lenged.

Section 5 amends section 8-504 of the Election Law to by adding a new
section 9 to provide that information concerning the individual's citi-
zenship status collected during the challenging process should not be
retained, used or shared for any other purpose except for voting quali-
fication purposes.

Section 6 amends paragraphs (b) and (e) of subdivision 2 of section
8-508 of the Election law to require the challenge report to include, in
addition to the name and address of the voter challenged, the name and
address of the person who challenged such voter, if such person is not
an election inspector, and to include in the certification for the
report the reason for such challenge and the name of all challengers who
are not inspectors or clerks.

Section 7 amends subdivision 3 of section 8-510 of the Election Law to
require that each challenge affidavit be secured with the challenge
report.

Section 8 amends subdivisions 1 and 2 of section 17-108 of the Election
Law to add challenge reports and challenge affidavits to the list of
items in that section that, if willfully lost, altered, destroyed or
mutilated by any person, or a false statement in made in connection
with, constitutes a misdemeanor.

Section 9 sets forth the effective date.

 
JUSTIFICATION:

It is essential that challenges to voter eligibility protect against
improper discriminatory allegations made solely to disenfranchise or
intimidate voters. Such improper challenges have frequently targeted
voters of color, student voters, and voters with disabilities. It is
imperative that steps are taken to help ensure that qualified voters are
not subjected to such challenges at the polling place or prevented from
exercising their fundamental right to vote.

This bill will require that adequate protections are in place to help
ensure that such allegations are not made without proper proof and
documentation.

Such protections include requiring any person, other than an election
inspector, who challenges the qualifications of a voter at an election
to complete, execute and deliver to the board of inspectors a "challenge
affidavit" that includes specific identifying information about the
affiant (e g., name, residence and business address and employer) as
well as a recital of the reasons and facts supporting the affiant's
belief that the challenged voter lacks one or more of the legal quali-
fications for voting. The bill would also add making a false statement
on the challenge affidavit, or destroying a challenge report or chal-
lenge affidavit to the list of items that constitute a misdemeanor.
These provisions will bolster protections for qualified voters to ensure
their fundamental right to vote is preserved.

 
LEGISLATIVE HISTORY:

2017: A6587 by Walker, referred to election law

 
FISCAL IMPLICATIONS:  FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8654 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8654
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  providing  protections
   against illegal voter purging
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 4-117 of the election law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  ANY PERSON, OTHER THAN AN ELECTION OFFICER, WHO MAILS OR CAUSES TO
 BE MAILED, BETWEEN AUGUST FIRST AND DECEMBER THIRTY-FIRST OF ANY  CALEN-
 DAR  YEAR, ANY FIRST CLASS NON-FORWARDABLE MAIL, WHERE SUCH PERSON KNOWS
 OR REASONABLY  SHOULD  KNOW  THAT  SUCH  NON-FORWARDABLE  MAIL:  (A)  IS
 INTENDED  TO  BE  DELIVERED  TO A REGISTERED VOTER OR VOTER REGISTRATION
 APPLICANT; AND (B) MAY BE USED BY A CHALLENGER, OTHER THAN  AN  ELECTION
 OFFICER,  ON  ELECTION  DAY  TO CHALLENGE THE QUALIFICATIONS OF A VOTER,
 SHALL FILE WITHIN TWO BUSINESS DAYS OF SUCH MAILING, A DUPLICATE COPY OF
 SUCH NON-FORWARDABLE MAIL, A DUPLICATE COPY OF NAMES  AND  ADDRESSES  TO
 WHICH   SUCH  NON-FORWARDABLE  MAIL  WAS  SENT,  AND  A  COMPLETED  FORM
 PRESCRIBED BY THE STATE BOARD OF ELECTIONS. THE FAILURE TO  COMPLY  WITH
 THE PROVISIONS OF THIS SUBDIVISION SHALL BE PUNISHABLE AS A MISDEMEANOR.
   §  2.  Section 8-502 of the election law, as amended by chapter 373 of
 the laws of 1978, is amended to read as follows:
   § 8-502. Challenges; generally. 1. Before his OR HER vote is  cast  at
 an election any person may be challenged as to his OR HER right to vote,
 IN  ACCORDANCE  WITH THE PROVISIONS OF THIS SECTION, or his OR HER right
 to vote by absentee, military, special federal or  special  presidential
 ballot. Such challenge may be made by an inspector or clerk, by any duly
 appointed  watcher,  or  by any registered voter properly in the polling
 place IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   2. An inspector shall challenge every person offering to vote, whom he
 OR SHE shall know or suspect is not entitled to vote  in  the  district,
 and  every  person whose name appears on the list of persons to be chal-
 lenged on election day which is furnished by the board of elections.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10241-02-7

 S. 8654                             2
 
   3. ANY PERSON, OTHER THAN AN INSPECTOR OR  CLERK,  MAY  CHALLENGE  THE
 QUALIFICATIONS  OF  A VOTER ONLY BY COMPLETING, EXECUTING AND DELIVERING
 TO THE BOARD OF INSPECTORS A  CHALLENGE  AFFIDAVIT  THAT  SATISFIES  THE
 REQUIREMENTS OF SECTION 8-503 OF THIS TITLE.
   §  3.    The  election law is amended by adding a new section 8-503 to
 read as follows:
   § 8-503.  CHALLENGE AFFIDAVIT. 1. THE STATE BOARD OF  ELECTIONS  SHALL
 PRESCRIBE  THE  CONTENT AND FORM OF A CHALLENGE AFFIDAVIT FOR USE AT ANY
 GENERAL, SPECIAL, TOWN OR VILLAGE ELECTION AND AT ANY PRIMARY  ELECTION.
 SUCH  AFFIDAVIT  SHALL  CONTAIN  THE  AFFIANT'S FULL NAME, RESIDENCE AND
 BUSINESS ADDRESS, THE NAME OF HIS OR  HER  EMPLOYER,  THE  REGISTRATION,
 SERIAL  NUMBER OF THE PERSON CHALLENGED AND A RECITAL OF THE REASONS AND
 THE FACTS SUPPORTING THE AFFIANT'S BELIEF  THAT  THE  PERSON  CHALLENGED
 LACKS ONE OR MORE OF THE QUALIFICATIONS FOR VOTING PRESCRIBED IN SECTION
 5-102  OR  5-106  OF  THIS  CHAPTER AND SPECIFIED IN SUCH AFFIDAVIT. THE
 AFFIDAVIT SHALL STATE IF THE REASON FOR CHALLENGE  ARE  BASED  UPON  THE
 AFFIANT'S  PERSONAL  KNOWLEDGE OR UPON INFORMATION RECEIVED FROM ANOTHER
 PERSON. IF THE AFFIANT'S BELIEF IS BASED UPON INFORMATION  FURNISHED  BY
 ANOTHER,  THE  AFFIDAVIT  SHALL RECITE THE NAME OF THE PERSON FURNISHING
 THE INFORMATION AND THE BASIS FOR HIS  OR  HER  INFORMATION.  AFTER  THE
 AFFIANT  HAS FILED SUCH AFFIDAVIT, AN INSPECTOR SHALL READ TO HIM OR HER
 AND REQUEST HIM OR HER  TO  SIGN  THE  FOLLOWING  OATH  WHICH  SHALL  BE
 SUBSCRIBED BY SUCH AFFIANT: "I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I AM A
 QUALIFIED  VOTER OF THE CITY OR COUNTY IN WHICH THIS AFFIDAVIT IS SIGNED
 AND THAT THE FOREGOING STATEMENT MADE BY ME ON (INSERT  DAY,  MONTH  AND
 YEAR)  IS  A  TRUTHFUL  DISCLOSURE OF THE REASONS FOR MY BELIEF THAT THE
 REGISTERED VOTER THEREIN NAMED IS NOT QUALIFIED TO VOTE IN THE  ELECTION
 DISTRICT  IN  WHICH  HE  OR SHE IS NOW REGISTERED." IF THE AFFIANT SHALL
 TAKE AND SIGN SUCH OATH, AN INSPECTOR SHALL SIGN HIS OR HER  NAME  AS  A
 WITNESS  BELOW  THE  AFFIANT'S SUBSCRIPTION TO SUCH OATH. EACH CHALLENGE
 AFFIDAVIT MAY ONLY CHALLENGE THE QUALIFICATIONS OF ONE VOTER.
   2. THE BOARDS OF ELECTIONS SHALL MAKE CHALLENGE AFFIDAVIT FORMS AVAIL-
 ABLE TO ALL QUALIFIED VOTERS.
   § 4. Subdivision 2 of section 8-504 of the election law, as renumbered
 by chapter 373 of the laws of 1978, is amended to read as follows:
   2. (A) If the applicant shall take the preliminary oath, the inspector
 shall ask the applicant [such] THE FOLLOWING  questions  as  [may]  THEY
 pertain  to the reason his OR HER right to vote at such election in such
 district was challenged[.]:
   ARE YOU EIGHTEEN YEARS OF AGE OR OLDER?
   ARE YOU A CITIZEN OF THE UNITED STATES?
   HAVE YOU BEEN A RESIDENT OF THIS STATE AND OF  THIS  COUNTY  (AND  THE
 CITY  OF NEW YORK OR VILLAGE, AS APPLICABLE) FOR THE PAST THIRTY DAYS OR
 MORE?
   DO YOU STILL RESIDE AT THE SAME ADDRESS FROM WHICH YOU DULY REGISTERED
 IN THIS ELECTION DISTRICT?
   DO YOU SWEAR THAT YOU HAVE NOT ALREADY VOTED AT THIS ELECTION?
   (B) If any applicant shall refuse to answer fully any OF THE questions
 [which may be put to him] IN THIS SUBDIVISION, he OR SHE  shall  not  be
 permitted to vote.
   §  5.  Section  8-504  of  the election law is amended by adding a new
 subdivision 9 to read as follows:
   9. INFORMATION CONCERNING THE CITIZENSHIP STATUS OF INDIVIDUALS,  WHEN
 COLLECTED  AND  TRANSMITTED  PURSUANT  TO  THIS  SECTION,  SHALL  NOT BE
 RETAINED, USED OR SHARED FOR ANY OTHER PURPOSE EXCEPT AS MAY BE REQUIRED
 BY LAW.

 S. 8654                             3
 
   § 6. Paragraphs (b) and (e) of subdivision 2 of section 8-508  of  the
 election law, as amended by chapter 200 of the laws of 1996, are amended
 to read as follows:
   (b)  The second section of such report shall be reserved for the board
 of inspectors to enter the name, address and registration serial  number
 of  each  person who is challenged on the day of election, together with
 the reason for the challenge, THE NAME AND ADDRESS OF THE  PERSON  CHAL-
 LENGING THE QUALIFICATIONS OF SUCH VOTER, IF SUCH PERSON CHALLENGING THE
 QUALIFICATIONS IS NOT AN INSPECTOR OR CLERK, AND THE WORDS "PERMITTED TO
 VOTE" OR "REFUSED TO TAKE OATH".  If no voters are challenged, the board
 of  inspectors  shall  enter  the words "No Challenges" across the space
 reserved for such names. In lieu of preparing section two of  the  chal-
 lenge  report,  the  board of elections may provide, next to the name of
 each voter on the computer generated registration list, a place for  the
 inspectors  of election to record the information required to be entered
 in such section two, or provide at the end of  such  computer  generated
 registration  list, a place for the inspectors of election to enter such
 information.
   (e) At the foot of such report and at the end  of  any  such  computer
 generated  registration  list  shall  be printed a certificate that such
 report contains the names of all persons who were challenged on the  day
 of  election,  [and]  THE  REASON  FOR  SUCH CHALLENGE AND THE NAMES AND
 ADDRESSES OF ALL CHALLENGERS WHO ARE NOT INSPECTORS OF CLERKS that  each
 voter  so reported as having been challenged took the oaths as required,
 that such report contains the names of all voters  to  whom  such  board
 gave  or allowed assistance and lists the nature of the disability which
 required such assistance to be given and the names and family  relation-
 ship,  if  any,  to the voter of the persons by whom such assistance was
 rendered; that each such assisted voter informed such board  under  oath
 that  he  OR SHE required such assistance and that each person rendering
 such assistance took the required oath; that such  report  contains  the
 names  of all voters who were permitted to vote although their registra-
 tion poll records were missing; that the entries made by such board  are
 a  true  and  accurate  record  of  its  proceedings with respect to the
 persons named in such report.
   § 7. Subdivision 3 of section 8-510 of the election law, as amended by
 chapter 43 of the laws of 1988, is amended to read as follows:
   3. The inspectors shall place such completed  report,  EACH  CHALLENGE
 AFFIDAVIT  and  each  court  order,  if  any, directing that a person be
 permitted to vote, inside a ledger of registration records  or  computer
 generated  registration  lists  between  the  front cover, and the first
 registration record and then shall close and seal each ledger of  regis-
 tration  records  or  computer generated registration lists, affix their
 signature to the seal, lock such ledger in the carrying  case  furnished
 for  that  purpose and enclose the keys in a sealed package or seal such
 list in the envelope provided for that purpose.
   § 8. Subdivisions 1 and 2 of section 17-108 of the  election  law,  as
 amended  by  chapter  373  of  the  laws of 1978, are amended to read as
 follows:
   1. Any person who wilfully loses, alters, destroys  or  mutilates  the
 list of voters or registration poll ledgers, A CHALLENGE AFFIDAVIT, OR A
 CHALLENGE  REPORT in any election district, or a certified copy thereof,
 is guilty of a misdemeanor.
   2. An applicant for registration who shall make, incorporate or  cause
 to  be  incorporated  a  material  false statement in an application for
 registration, or in any challenge or other  affidavit  required  for  or

 S. 8654                             4
 
 made  or filed in connection with registration or voting, and any person
 who knowingly takes a  false  oath  before  a  board  of  inspectors  of
 election,  and  any  person  who  makes  a material false statement in a
 medical  certificate,  A  CHALLENGE  AFFIDAVIT  or an affidavit filed in
 connection with an application for registration, is guilty of  a  misde-
 meanor.
   § 9. This act shall take effect immediately.

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Senate Bill S8654

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S8654 (ACTIVE) - Details

2017-S8654 (ACTIVE) - Summary

2017-S8654 (ACTIVE) - Sponsor Memo

2017-S8654 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8654

Share this bill

Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S8654 (ACTIVE) - Details

2017-S8654 (ACTIVE) - Summary

2017-S8654 (ACTIVE) - Sponsor Memo

2017-S8654 (ACTIVE) - Bill Text download pdf

Comments