S T A T E   O F   N E W   Y O R K
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                                   7626
 
                             I N  S E N A T E
 
                             February 3, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend to the election law, in relation to  the  administration
   of challenge oaths to voter applicants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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,
 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. 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 challenged on election day which is  furnished  by  the
 board of elections.
   2. PRIOR TO MAKING A CHALLENGE TO A VOTER AS PROVIDED IN THIS SECTION,
 THE PERSON CHALLENGING THE VOTER'S RIGHT TO VOTE SHALL:
   (A)  TAKE A VERBAL OATH IN THE PRESENCE OF AN INSPECTOR, CLERK OR DULY
 APPOINTED WATCHER AFFIRMING THAT HE OR SHE IS MAKING  THE  CHALLENGE  IN
 GOOD  FAITH AND THAT HE OR SHE IS AWARE THAT A BAD FAITH CHALLENGE COULD
 LEAD TO PENALTIES AND CONSEQUENCES; AND
   (B) COMPLETE A WRITTEN DOCUMENT IN SUCH FORM AS  IS  APPROVED  BY  THE
 STATE  BOARD  OF  ELECTIONS  STATING HIS OR HER NAME AND ADDRESS AND THE
 NAME OF THE VOTER WHO WAS CHALLENGED.
   § 2. Section 8-504 of the election law, subdivisions 1, 2, 3, 4, 5,  7
 and  8  as renumbered by chapter 373 of the laws of 1978, subdivisions 4
 and 5 as amended by chapter 9 of the laws of 1978 and subdivision  6  as
 amended  by  chapter  82  of  the  laws  of  1982, is amended to read as
 follows:
   § 8-504. Challenges; of voter at the polling place. 1. When an  appli-
 cant  is  challenged,  an inspector shall [administer to him] PROVIDE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14365-01-9

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 THE APPLICANT the following oath, which shall be known as "The  prelimi-
 nary  oath":  "You do solemnly swear (or affirm) that you will make true
 answers to such questions as may be put to you  concerning  your  quali-
 fications  as  a voter". If the applicant shall refuse to take such oath
 [he] THE APPLICANT shall not be permitted to vote.
   2. If the applicant shall take the  preliminary  oath,  the  inspector
 shall  ask  the  applicant  such  questions as may pertain to the reason
 [his] THE APPLICANT'S right to vote at such election  in  such  district
 was  challenged. If any applicant shall refuse to answer fully any ques-
 tions which may be put to [him, he] THE APPLICANT, THE  APPLICANT  shall
 not be permitted to vote.
   3.  After  receiving the answers as above specified, of any applicant,
 the board shall, if it believes the applicant to  be  qualified  or  the
 challenge  is  withdrawn, permit [him] THE APPLICANT to vote. Otherwise,
 the board shall point out to [him] THE APPLICANT the qualifications,  if
 any,  in respect of which [he] THE APPLICANT shall appear deficient. If,
 after such deficiencies have been  so  indicated,  the  applicant  shall
 persist  in  [his]  THE  APPLICANT'S  claim  to vote, an inspector shall
 [administer to him] PROVIDE THE  APPLICANT  the  following  oath,  which
 shall  be  known  as "The Qualification Oath": "You do swear (or affirm)
 that you are eighteen years of age, that you are a citizen of the United
 States and that you have been a resident of  this  state,  and  of  this
 county  (of the city of New York) (village) for thirty days next preced-
 ing this election, that you still reside at the same address from  which
 you  have  been duly registered in this election district, that you have
 not voted at this election, and that you do not know of any  reason  why
 you  are  not qualified to vote at this election. You do further declare
 that you are aware that it is a crime to make any false statement.  That
 all  the  statements  you have made to the board have been true and that
 you understand that a false statement is perjury and you will be  guilty
 of a misdemeanor."
   4.  If  the  applicant  shall  be  challenged for the causes stated in
 section three of article two of the constitution of  this  state,  which
 would exclude [him] THE APPLICANT from the right to vote, such inspector
 shall [administer to him] PROVIDE THE APPLICANT the following additional
 oath,  which  shall  be  known  as "The Bribery Oath": "You do swear (or
 affirm) that you have not received or offered, do not expect to receive,
 have not paid, offered or promised to pay  or  contributed,  offered  or
 promised  to contribute to another, to be paid or used; any money or any
 other valuable thing as a compensation or reward for the giving or with-
 holding of a vote at this election, and have not  made  any  promise  to
 influence  the giving or withholding of any such vote, and that you have
 not made, or become directly or indirectly  interested  in  any  bet  or
 wager depending upon the result of this election."
   5.  If  the applicant shall be challenged on the ground of having been
 convicted of a felony, such inspector shall [administer to him]  PROVIDE
 THE  APPLICANT  the  following  additional oath, which shall be known as
 "The Conviction Oath": "You do swear (or affirm) that you have not  been
 convicted  of  any  felony,  or  if  so  convicted,  that  you have been
 pardoned, or restored to all the rights of a  citizen,  or  the  maximum
 term  of  imprisonment  to  which you were sentenced has expired, or you
 have been discharged from parole or your sentence has been suspended."
   6. If the applicant shall be challenged on the ground of  having  been
 adjudged  incompetent,  such inspector shall [administer to him] PROVIDE
 THE APPLICANT the following additional oath, which  shall  be  known  as
 "The  Incompetency  Oath":   "You do swear (or affirm) that you have not

 S. 7626                             3
 
 been adjudged incompetent by order of competent judicial  authority,  or
 if  so adjudged, that you have since been adjudged competent which fully
 warrants your right to vote."
   7. If any [person] APPLICANT shall refuse to take any oath so tendered
 [he]  SUCH  APPLICANT  shall  not  be permitted to vote, but if [he] THE
 APPLICANT shall take the oath or oaths tendered to [him he]  THE  APPLI-
 CANT, THE APPLICANT shall be permitted to vote.
   7-A.  CHALLENGE  OATHS DESCRIBED IN THIS SECTION SHALL BE ADMINISTERED
 TO A CHALLENGED APPLICANT BY DELIVERY BY THE CHALLENGER TO THE APPLICANT
 OF A WRITTEN DOCUMENT IN A FORM AS IS APPROVED BY  THE  STATE  BOARD  OF
 ELECTIONS  WHICH SETS FORTH THE APPLICABLE OATH AND PROVIDES A SPACE FOR
 THE APPLICANT TO SIGN AND DATE THE DOCUMENT. AN APPLICANT WHO SIGNS  THE
 DOCUMENT  OR DOCUMENTS, AS APPLICABLE, SHALL BE DEEMED TO HAVE TAKEN THE
 OATH AND SHALL BE PERMITTED TO VOTE. NOTWITHSTANDING  THE  FOREGOING,  A
 CHALLENGE OATH MAY BE ADMINISTERED BY THE CHALLENGER ORALLY IF THE CHAL-
 LENGED  APPLICANT  IS  ILLITERATE,  HAS  DIFFICULTY  READING OR DOES NOT
 UNDERSTAND THE WRITTEN OATH OR SPECIFICALLY REQUESTS THAT  THE  OATH  OR
 OATHS BE READ TO THE APPLICANT VERBALLY.
   8. The inspectors shall enter the challenge date in the space reserved
 therefor  on  the back of the voter's registration poll record and shall
 make a record of each challenge on  the  challenge  report  as  required
 herein.  Where registration poll records are not being used, the inspec-
 tors shall in the remarks column for the election opposite the  name  of
 the  voter enter a note of the challenge and shall make a record of each
 challenge on the challenge report.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to all elections occurring on
 or after such effective date. Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.