S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4264
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M. of A. WALKER, BARRON -- read once and referred to the
   Committee on Election Law
 
 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 PAYS FOR, MAILS OR
 CAUSES TO BE MAILED, ANY MAIL, WHERE SUCH  PERSON  KNOWS  OR  REASONABLY
 SHOULD  KNOW THAT SUCH MAIL: (A) IS INTENDED TO BE DELIVERED TO A REGIS-
 TERED VOTER OR VOTER REGISTRATION APPLICANT; AND (B) MAY BE  USED  BY  A
 CHALLENGER,  OTHER THAN AN ELECTION OFFICER, TO CHALLENGE THE QUALIFICA-
 TIONS OF A VOTER, SHALL FILE WITH THE STATE BOARD  OF  ELECTIONS  WITHIN
 TWO  BUSINESS  DAYS  OF  SUCH  MAILING, A DUPLICATE COPY OF SUCH MAIL, A
 DUPLICATE COPY OF NAMES AND ADDRESSES TO WHICH SUCH MAIL WAS SENT, AND A
 COMPLETED FORM PRESCRIBED BY THE STATE BOARD OF ELECTIONS.    SUCH  FORM
 SHALL  CONTAIN:  THE  FULL NAME, RESIDENCE AND BUSINESS ADDRESS, AND THE
 NAME OF THE EMPLOYER OF THE PERSON WHO PAYS FOR, MAILS OR CAUSES  TO  BE
 MAILED THE MAILING; THE APPROXIMATE NUMBER OF PIECES OF SUCH MAIL; AND A
 STATEMENT  CERTIFYING  THE  ACCURACY OF SUCH DUPLICATE COPIES AND OF THE
 INFORMATION CONTAINED IN THE COMPLETE FORM.  THE FAILURE TO COMPLY  WITH
 THE  PROVISIONS OF THIS SUBDIVISION SHALL CREATE A PRESUMPTION THAT SUCH
 MAIL SHALL NOT BE USED TO CHALLENGE THE QUALIFICATIONS OF A VOTER.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06154-01-1

 A. 4264                             2
 
 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.
   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  FROM  EACH  MAJOR  PARTY
 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.
 AN INSPECTOR MAY REQUEST STATE-ISSUED IDENTIFICATION TO AFFIRM THE IDEN-
 TITY OF THE CHALLENGER.  EACH CHALLENGE AFFIDAVIT SHALL  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 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.

 A. 4264                             3

   § 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.  A  FAILURE  TO  CERTIFY THAT AN INDIVIDUAL IS A CITIZEN OF THE
 UNITED STATES SHALL BE CONSIDERED AN INNOCENT ERROR. SUCH PERSON FAILING
 TO CERTIFY UNITED STATES CITIZENSHIP SHALL NOT BE CONSIDERED AS ATTEMPT-
 ING TO REGISTER TO VOTE.
   § 6. Paragraphs (b) and (e) of subdivision 2 of section 8-508  of  the
 election  law,  as amended by section 11 of part XX of chapter 55 of the
 laws of 2019, 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 at the time of voting together with the
 reason for the challenge, THE NAME AND ADDRESS OF THE PERSON CHALLENGING
 THE QUALIFICATIONS OF SUCH VOTER, IF SUCH PERSON CHALLENGING THE  QUALI-
 FICATIONS  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 in 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 elsewhere in such registration  list,  a
 place for the inspectors of election to enter such information.
   (e)  At  the  foot  of  such report or at the end of any such computer
 generated registration list, if applicable, shall be a certificate  that
 such  report  or  list  contains the names of all persons who were chal-
 lenged on the day of election, [and] THE REASON FOR SUCH  CHALLENGE  AND
 THE  NAMES  AND  ADDRESSES  OF ALL CHALLENGERS WHO ARE NOT INSPECTORS OR
 CLERKS that each voter so reported as having been  challenged  took  the
 oaths  as  required,  that such report or list 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 relationship, 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 required such assistance and that
 each person rendering such assistance took the required oath; that  such
 report  or  list  contains the names of all voters who were permitted to
 vote although their registration 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 or list.
   § 7. Subdivision 3 of section 8-510 of the election law, as amended by
 section 12 of part XX of chapter 55 of the laws of 2019, 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, in the secure container provided by the county board
 of elections for such ledger of registration records or computer  gener-
 ated  registration  lists  and  then shall close and seal each ledger of
 registration records or computer generated registration lists, 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.

 A. 4264                             4
 
   § 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
 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 January 1, 2022.