NY State Senate Bill 2019-S8947

Archive: Last Bill Status - In Senate Committee Rules 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
Aug 31, 2020	referred to rules

co-Sponsors

2019-S8947 (ACTIVE) - Details

See Assembly Version of this Bill:: A10943
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4184, A6082
2023-2024: S5547, A3859
2025-2026: A361

2019-S8947 (ACTIVE) - Summary

Provides voters an opportunity to cure deficiencies regarding affidavit ballots.

2019-S8947 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8947

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to providing voters an
opportunity to cure deficiencies regarding affidavit ballots

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that voters be notified if their affidavit ballots are inval-
idated for any reason and to allow voters the opportunity to cure inval-
idated affidavits in order to have their votes counted.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 9-209 of the election law to include a subdivi-
sion specifying that the board of elections, upon determining that an
affidavit ballot envelope is incomplete or in any other manner defec-
tive, shall send the voter who submitted the affidavit a notice explain-
ing why the affidavit was rejected and providing the voter an opportu-

nity to submit a duly signed cure affirmation, which will be reviewed by
the board of elections.

Section 2 provides the state board of elections the authority to imple-
ment the act.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

In New York State, voters who are required to file affidavit ballots on
Election Day have no way to know whether their affidavit ballots were
counted, nor do they have the opportunity to correct any minor errors in
the affidavit form. Because New York does not have this kind of "cure"
process for affidavit ballots, New Yorkers -especially those in our
state's most vulnerable communities -- have, in the recent past, had
their right to vote denied, often on the basis of mere technicalities
that were irrelevant to the actual voting process.

The lack of transparency regarding the rejection of affidavit ballots
cast on Election Day has occurred in recent years on a large scale in
New York. During the 2016 presidential primary, for example, 121,000
voters in New York State were required to fill out affidavit ballots;
approximately 90,000 of those votes were invalidated. The tens of thou-
sands of voters who cast these affidavits were not entitled to any kind
of notification of the status of their ballot, nor did they have a right
to correct or complete any information on their affidavit that could
have been easily rectified. Similar issues were reported in New York
City during the recent June 2020 primary elections, where many voters
had their affidavit ballots rejected due in large part to widespread
poll site and party irregularities, which proved not only very confusing
to many voters, but also deeply disruptive during an election already
affected by an ongoing global pandemic.

By requiring a curing process for affidavit ballots, this legislation
would empower voters with the opportunity to ensure that minor mistakes
or other irregularities in the election process do not deny them one of
their most fundamental rights as members of our civic community. This
bill, if enacted, would therefore maximize the number of votes counted
in our state's elections, strengthening our democratic process. in New
York.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S8947 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8947
 
                             I N  S E N A T E
 
                              August 31, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation  to  providing  voters  an
   opportunity to cure deficiencies regarding affidavit ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 9-209 of the election law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4. (A) UPON THE BOARD OF ELECTIONS DETERMINATION AT OR BEFORE THE TIME
 OF  CANVASS THAT AN AFFIDAVIT BALLOT ENVELOPE IS INCOMPLETE OR IS IN ANY
 OTHER MANNER DEFECTIVE, THE BOARD SHALL, WITHIN ONE DAY OF SUCH DETERMI-
 NATION, SEND TO THE AFFIDAVIT BALLOT VOTER'S ADDRESS  INDICATED  ON  THE
 AFFIDAVIT  BALLOT  ENVELOPE,  A  NOTICE  EXPLAINING  THE REASON FOR SUCH
 REJECTION AND THE PROCEDURE TO CURE THE REJECTION. THE BOARD SHALL  ALSO
 CONTACT THE VOTER BY EITHER ELECTRONIC MAIL OR TELEPHONE, IF SUCH INFOR-
 MATION IS AVAILABLE TO THE BOARD IN THE VOTER'S BALLOT ENVELOPE INFORMA-
 TION, IN ORDER TO NOTIFY THE VOTER OF THE DEFICIENCY AND THE OPPORTUNITY
 AND THE PROCESS TO CURE THE DEFICIENCY.
   (B)  THE  VOTER MAY CURE THE AFORESAID DEFECTS BY FILING A DULY SIGNED
 AFFIRMATION ATTESTING TO THE SAME INFORMATION REQUIRED BY  THE  AFFIRMA-
 TION  ENVELOPE  AND  ATTESTING THAT THE SIGNER OF THE AFFIRMATION IS THE
 SAME PERSON WHO SUBMITTED SUCH AFFIDAVIT BALLOT. THE BOARD SHALL INCLUDE
 A FORM OF SUCH AFFIRMATION WITH THE NOTICE TO THE VOTER. THE AFFIRMATION
 SHALL BE IN A FORM PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   (C) SUCH CURE AFFIRMATION SHALL BE FILED WITH THE BOARD NO LATER  THAN
 SEVEN  BUSINESS DAYS AFTER THE BOARD'S MAILING OF SUCH CURABLE REJECTION
 NOTICE.  PROVIDED THE BOARD DETERMINES THAT SUCH  AFFIRMATION  ADDRESSES
 THE  CURABLE  DEFECT,  THE  REJECTED BALLOT SHALL BE REINSTATED AND DULY
 CANVASSED. IF THE BOARD OF ELECTIONS IS SPLIT AS TO THE  SUFFICIENCY  OF
 THE  CURE  AFFIRMATION,  SUCH ENVELOPE SHALL BE SET ASIDE FOR THREE DAYS
 AND THEN CANVASSED UNLESS THE  BOARD  IS  DIRECTED  OTHERWISE  BY  COURT
 ORDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17059-01-0

 S. 8947                             2
 
   (D)  WHEN  THE  BOARD OF ELECTIONS INVALIDATES AN AFFIDAVIT BALLOT AND
 THE DEFECT IS NOT CURABLE, THE VOTER SHALL  BE  NOTIFIED  BY  MAIL  SENT
 WITHIN THREE BUSINESS DAYS OF SUCH REJECTION.
   §  2.  The  state  board of elections shall promulgate rules and regu-
 lations to implement this act.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 elections occurring on or after such effective date.

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Senate Bill S8947

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2019-S8947 (ACTIVE) - Details

2019-S8947 (ACTIVE) - Summary

2019-S8947 (ACTIVE) - Sponsor Memo

2019-S8947 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8947

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Julia Salazar

2019-S8947 (ACTIVE) - Details

2019-S8947 (ACTIVE) - Summary

2019-S8947 (ACTIVE) - Sponsor Memo

2019-S8947 (ACTIVE) - Bill Text download pdf

Comments