Assembly Bill A1320

Signed By Governor
2019-2020 Legislative Session

Relates to the canvassing of ballots for certain voters

download bill text pdf

Sponsored By

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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Bill Amendments

multi-Sponsors

2019-A1320 - Details

Law Section:
Election Law
Laws Affected:
Amd §8-302, El L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6817
2015-2016: A2098
2017-2018: A7484

2019-A1320 - Summary

Provides that if the board of elections determines that a person was entitled to vote it shall cast and canvass such ballot if such board finds that the voter substantially complied with the requirements of the election law; failure to provide previous address not deemed a fatal defect and ballot cast and counted.

2019-A1320 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1320
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ARROYO,
   COOK, GOTTFRIED, RIVERA -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2019-A1320A (ACTIVE) - Details

Law Section:
Election Law
Laws Affected:
Amd §8-302, El L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6817
2015-2016: A2098
2017-2018: A7484

2019-A1320A (ACTIVE) - Summary

Provides that if the board of elections determines that a person was entitled to vote it shall cast and canvass such ballot if such board finds that the voter substantially complied with the requirements of the election law; failure to provide previous address not deemed a fatal defect and ballot cast and counted.

2019-A1320A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1320--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ARROYO,
   COOK, GOTTFRIED, RIVERA -- read once and referred to the Committee  on
   Election  Law -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to canvass of ballots cast
   by certain voters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 2 of section 9-209 of the
 election law is amended by adding two new subparagraphs (v) and (vi)  to
 read as follows:
   (V) IF THE BOARD OF ELECTIONS DETERMINES THAT A PERSON WAS ENTITLED TO
 VOTE  AT  SUCH ELECTION, THE BOARD SHALL CAST AND CANVASS SUCH BALLOT IF
 SUCH BOARD FINDS THAT THE VOTER SUBSTANTIALLY COMPLIED WITH THE REQUIRE-
 MENTS OF THIS CHAPTER.
   (VI) IF THE BOARD OF ELECTIONS FINDS THAT THE STATEWIDE  VOTER  REGIS-
 TRATION  LIST SUPPLIES SUFFICIENT INFORMATION TO IDENTIFY A VOTER, FAIL-
 URE BY THE VOTER TO INCLUDE ON THE ENVELOPE THE ADDRESS WHERE SUCH VOTER
 WAS PREVIOUSLY REGISTERED SHALL NOT BE A  FATAL  DEFECT  AND  THE  BOARD
 SHALL CAST AND CANVASS SUCH BALLOT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02909-05-9

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