NY State Senate Bill 2019-S3045B

Archive: Last Bill Status Via A1320 - 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 20, 2019	approval memo.64 signed chap.717
Dec 19, 2019	delivered to governor
Jun 13, 2019	returned to assembly passed senate 3rd reading cal.711 substituted for s3045b
Jun 13, 2019	substituted by a1320a
Jun 03, 2019	amended on third reading (t) 3045b
May 20, 2019	advanced to third reading amended (t) 3045a
May 15, 2019	2nd report cal.
May 14, 2019	1st report cal.711
Feb 01, 2019	referred to elections

Votes

- Jun 13, 2019 - Floor Vote
  A1320
  
  40
  
  Aye
  
  22
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2019
      
      aye (40)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (22)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Boyle
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  May 14, 2019 - Elections Committee Vote
  S3045B
  
  5
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 14, 2019
      
      aye (5)
      
      Kavanagh
      
      May
      
      Mayer
      
      Myrie
      
      Salazar
      
      nay (1)
      
      Akshar
      
      excused (1)
      
      Funke

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-S3045 - Details

See Assembly Version of this Bill:: A1320
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4270, A6817
2015-2016: S4426, A2098
2017-2018: S1265, A7484

2019-S3045 - 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-S3045 - Sponsor Memo

                                
 
BILL NUMBER: S3045

SPONSOR: COMRIE
 
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 need-
ing 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 oner-
ous, 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 1265 COMRIE Same as A 7484 Cahill (MS)

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3045 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3045
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sens. COMRIE, GIANARIS, HOYLMAN, KENNEDY, MAYER, RIVERA,
   SEPULVEDA -- 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 separately amended by chapters 3
 and 6 of the laws of 2019, 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 such record indicates the voter already voted when
 he or she did not do so or that he or she  has  moved  within  New  York
 state 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02909-02-9

 S. 3045                             2
 
 required shall then be entered without delay and without further inquiry
 in  the  fourth section of the challenge report or in the place provided
 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.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as section 2 of chapter 3 of the laws of 2019, takes effect.

co-Sponsors

View additional co-sponsors

2019-S3045A - Details

See Assembly Version of this Bill:: A1320
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4270, A6817
2015-2016: S4426, A2098
2017-2018: S1265, A7484

2019-S3045A - Summary

2019-S3045A - Sponsor Memo

                                
 
BILL NUMBER: S3045A

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the election law, in relation to
canvass of ballots

 
PURPOSE:

This bill provides that the Board Of Elections shall cast and canvas any
ballot in which a voter was entitled to vote, so long as such voter
"substantially complied" with the requirements of filling out an absen-
tee, military, special ballots and ballots cast by voters with registra-
tion poll records missing, i.e., affidavit ballots.

 
SUMMARY OF PROVISIONS:

Adds authorization to the Board Of Elections that empowers them to cast
and canvas any ballot in which a voter was entitled to vote, so long as
such voter "substantially complied" with the requirements of filling out
an absentee, military, special ballot and/or a ballot cast by a voter
with registration poll records missing, i.e., affidavit ballots.

 
JUSTIFICATION:

This bill ensures that the votes of individuals who are entitled to vote
at elections will be cast so long as there is substantial compliance
with the requirements to obtain such a ballot, like the filling out of
paperwork, or the cataloguing of past addresses.

This bill is necessary because the current law is of exploited by those
seeking to invalidate ballots by employing hyper-technical legal chal-
lenges to 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:

Similar Bill: S 1265 COMRIE Same as A 7484 Cahill (MS).

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3045A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3045--A
     Cal. No. 711
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sens. COMRIE, GIANARIS, HOYLMAN, KENNEDY, MAYER, RIVERA,
   SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
   committed  to  the  Committee  on Elections -- reported favorably from
   said committee, ordered to first and second report, amended on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading
 
 AN ACT to amend the election law, in relation to canvass of ballots
 
   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 a new  subparagraph  (v)  to  read  as
 follows:
   (V) IF THE BOARD OF ELECTIONS DETERMINES THAT A PERSON WAS ENTITLED TO
 VOTE  AT  SUCH  ELECTION  IT  SHALL CAST AND CANVASS SUCH BALLOT IF SUCH
 BOARD FINDS THAT THE VOTER SUBSTANTIALLY COMPLIED WITH THE  REQUIREMENTS
 OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02909-03-9

co-Sponsors

View additional co-sponsors

2019-S3045B (ACTIVE) - Details

See Assembly Version of this Bill:: A1320
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4270, A6817
2015-2016: S4426, A2098
2017-2018: S1265, A7484

2019-S3045B (ACTIVE) - Summary

2019-S3045B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3045B

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the election law, in relation to
canvass of ballots cast by certain voters

 
PURPOSE:

This bill provides that the Board Of Elections shall cast and canvas any
affidavit ballot in an election within which a voter was entitled to
vote, so long as such voter "substantially complied" with the require-
ments of filling out the ballot. Furthermore, failure to include the
registrants previous address shall not be a fatal defect.

 
SUMMARY OF PROVISIONS:

This bill authorizes the Board Of Elections to cast and canvas any affi-
davit ballot in an election within which a voter was entitled to vote,
so long as such voter "substantially complied" with the requirements of
filling out the ballot. Furthermore, failure to include the registrants
previous address shall not be a fatal defect.

 
JUSTIFICATION:

This bill ensures that the votes of individuals who are entitled to vote
at elections-and do so via an affidavit ballot-will be cast so long as
there is substantial compliance with the requirements to obtain such a
ballot, like the filling out of paperwork, or the cataloguing of past
addresses. Furthermore, if a voter does not fully identify the address
at which they were previously registered, this cannot be considered a
material defect and such vote must be cast and canvassed.

This bill is necessary because the current law is often exploited by
those seeking to invalidate ballots by employing hyper-technical legal
challenges to 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:

Similar Bill: S 1265 COMRIE Same as A 7484 Cahill (MS).

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3045B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3045--B
     Cal. No. 711
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sens. COMRIE, GIANARIS, HOYLMAN, KENNEDY, MAYER, RIVERA,
   SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
   committed  to  the  Committee  on Elections -- reported favorably from
   said committee, ordered to first and second report, amended on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third  reading  --  ordered  to  a
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 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.
                                                            LBD02909-04-9

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Senate Bill S3045B

Sponsored By

Archive: Last Bill Status Via A1320 - Signed by Governor

Jun 13, 2019 - Floor Vote

Floor Vote: Jun 13, 2019

May 14, 2019 - Elections Committee Vote

Elections Committee Vote: May 14, 2019

Bill Amendments

co-Sponsors

2019-S3045 - Details

2019-S3045 - Summary

2019-S3045 - Sponsor Memo

2019-S3045 - Bill Text download pdf

co-Sponsors

2019-S3045A - Details

2019-S3045A - Summary

2019-S3045A - Sponsor Memo

2019-S3045A - Bill Text download pdf

co-Sponsors

2019-S3045B (ACTIVE) - Details

2019-S3045B (ACTIVE) - Summary

2019-S3045B (ACTIVE) - Sponsor Memo

2019-S3045B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3045B

Share this bill

Sponsored By

Archive: Last Bill Status Via A1320 - Signed by Governor

Bill Amendments

co-Sponsors

2019-S3045 - Details

2019-S3045 - Summary

2019-S3045 - Sponsor Memo

2019-S3045 - Bill Text download pdf

co-Sponsors

2019-S3045A - Details

2019-S3045A - Summary

2019-S3045A - Sponsor Memo

2019-S3045A - Bill Text download pdf

co-Sponsors

2019-S3045B (ACTIVE) - Details

2019-S3045B (ACTIVE) - Summary

2019-S3045B (ACTIVE) - Sponsor Memo

2019-S3045B (ACTIVE) - Bill Text download pdf

Comments