Assembly Bill A642C

2021-2022 Legislative Session

Requires counting affidavit ballots of eligible voters if a voter appears at a polling place in the correct county but in the incorrect election district

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S284 - Passed Assembly

  • 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

co-Sponsors

2021-A642 - Details

See Senate Version of this Bill:
S284
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1060, S1701
2011-2012: S1325
2013-2014: S420
2015-2016: S2296
2017-2018: A8244, S4074
2019-2020: A3304, S3195

2021-A642 - Summary

Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district; provides that such vote shall not be cast and canvassed for such contests for which the person was not entitled to vote at such election.

2021-A642 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    642
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. CARROLL, COLTON, DINOWITZ, GOTTFRIED -- read once
   and referred to the Committee on Election Law
 
 AN  ACT  to amend the election law, in relation to counting of affidavit
   ballots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 2 of
 section 9-209 of the election law, as amended by chapter 308 of the laws
 of 2011, is amended to read as follows:
   (iii) 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 appeared at [the correct]  A  polling
 place  IN  THE CORRECT COUNTY, regardless of the fact that the voter may
 have appeared in the incorrect election  district;  PROVIDED  THAT  SUCH
 VOTE  SHALL  NOT  BE  CAST AND CANVASSED FOR SUCH CONTESTS FOR WHICH THE
 PERSON WAS NOT ENTITLED TO VOTE AT SUCH ELECTION.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02357-01-1

co-Sponsors

2021-A642A - Details

See Senate Version of this Bill:
S284
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1060, S1701
2011-2012: S1325
2013-2014: S420
2015-2016: S2296
2017-2018: A8244, S4074
2019-2020: A3304, S3195

2021-A642A - Summary

Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district; provides that such vote shall not be cast and canvassed for such contests for which the person was not entitled to vote at such election.

2021-A642A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  642--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. CARROLL, COLTON, DINOWITZ, GOTTFRIED -- 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 counting  of  affidavit
   ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  2  of
 section 9-209 of the election law, as amended by chapter 308 of the laws
 of 2011, is amended to read as follows:
   (iii)  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 appeared at [the correct] A polling
 place IN THE CORRECT COUNTY, regardless of the fact that the  voter  may
 have  appeared  in  the  incorrect election district; PROVIDED THAT SUCH
 VOTE SHALL NOT BE CAST AND CANVASSED FOR SUCH  CONTESTS  FOR  WHICH  THE
 PERSON WAS NOT ENTITLED TO VOTE AT SUCH ELECTION.
   §  2.  Paragraph (d) of subdivision 2 of section 9-209 of the election
 law, as amended by chapter 104 of the laws of 2010, is amended  to  read
 as follows:
   (d)  Any  person lawfully present may object to the refusal to cast or
 canvass any ballot on the grounds that the voter is a properly qualified
 voter of the [election district] COUNTY IN WHICH THAT VOTER VOTED, or in
 the case of a party primary duly enrolled in such party, or to the cast-
 ing or canvassing of any ballot on the grounds that the voter is  not  a
 properly qualified voter of the [election district] COUNTY IN WHICH THAT
 VOTER VOTED, or in the case of a party primary not duly enrolled in such
 party,  or  otherwise  not  entitled  to cast such ballot. When any such
 objection is made, the  central  board  of  inspectors  shall  forthwith
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-A642B - Details

See Senate Version of this Bill:
S284
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1060, S1701
2011-2012: S1325
2013-2014: S420
2015-2016: S2296
2017-2018: A8244, S4074
2019-2020: A3304, S3195

2021-A642B - Summary

Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district; provides that such vote shall not be cast and canvassed for such contests for which the person was not entitled to vote at such election.

2021-A642B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  642--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL, COLTON, DINOWITZ, GOTTFRIED, GALEF,
   PAULIN, LUPARDO, REYES, SEAWRIGHT, D. ROSENTHAL, SILLITTI,  GALLAGHER,
   GONZALEZ-ROJAS,   SIMON,   FRONTUS,  ENGLEBRIGHT,  LUNSFORD,  SOLAGES,
   CAHILL, CRUZ, SAYEGH, JACKSON, FERNANDEZ, JEAN-PIERRE, ROZIC  --  read
   once  and  referred  to  the  Committee  on  Election Law -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Election  Law  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the election law, in relation to counting of affidavit
   ballots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of  subdivision 7 of section 9-209 of the
 election law, as added by chapter 763 of the laws of 2021, is amended to
 read as follows:
   (d) If the central board of canvassers determines that  a  person  was
 entitled to vote at such election, the board shall cast and canvass such
 affidavit  ballot  if  such  board finds that the voter appeared at [the
 correct] A polling place, IN THE CORRECT COUNTY, regardless of the  fact
 that  the  voter  may  have appeared in the incorrect election district,
 PROVIDED THAT SUCH VOTE  SHALL  NOT  BE  CAST  AND  CANVASSED  FOR  SUCH
 CONTESTS FOR WHICH THE PERSON WAS NOT ENTITLED TO VOTE AT SUCH ELECTION,
 and  regardless of whether the voter's name was in the registration poll
 record.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02357-04-2

co-Sponsors

2021-A642C (ACTIVE) - Details

See Senate Version of this Bill:
S284
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1060, S1701
2011-2012: S1325
2013-2014: S420
2015-2016: S2296
2017-2018: A8244, S4074
2019-2020: A3304, S3195

2021-A642C (ACTIVE) - Summary

Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district; provides that such vote shall not be cast and canvassed for such contests for which the person was not entitled to vote at such election.

2021-A642C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  642--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL, COLTON, DINOWITZ, GOTTFRIED, GALEF,
   PAULIN, LUPARDO, REYES, SEAWRIGHT, D. ROSENTHAL, SILLITTI,  GALLAGHER,
   GONZALEZ-ROJAS,   SIMON,   FRONTUS,  ENGLEBRIGHT,  LUNSFORD,  SOLAGES,
   CAHILL, CRUZ, SAYEGH, JACKSON, FERNANDEZ, JEAN-PIERRE, ROZIC,  TAYLOR,
   JACOBSON,  MAMDANI,  EPSTEIN,  ZINERMAN,  OTIS,  L. ROSENTHAL, THIELE,
   QUART, NIOU, ANDERSON, BURGOS, DAVILA, STIRPE, FAHY, ABINANTI, KELLES,
   TAPIA,  GIBBS,  FORREST,  DE  LOS   SANTOS,   GLICK,   KIM,   DICKENS,
   J. D. RIVERA,  BURDICK,  MEEKS,  WALKER, CUNNINGHAM, HYNDMAN, BARRETT,
   AUBRY -- read once and referred to the Committee on  Election  Law  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee  --  recommitted  to  the  Committee  on
   Election  Law  in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the election law, in relation to counting of affidavit
   ballots

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of  subdivision 7 of section 9-209 of the
 election law, as added by chapter 763 of the laws of 2021, is amended to
 read as follows:
   (d) If the central board of canvassers determines that  a  person  was
 entitled to vote at such election, the board shall cast and canvass such
 affidavit  ballot  if  such  board finds that the voter appeared at [the
 correct] A polling place, IN THE CORRECT COUNTY, WHICH IS DESIGNATED  AS
 A  POLLING  PLACE  FOR  THE CORRECT ASSEMBLY DISTRICT, regardless of the
 fact that the voter may have appeared in the incorrect election district
 OR POLLING PLACE, and regardless of whether the voter's name was in  the
 registration  poll  record;  PROVIDED,  HOWEVER,  THAT IN THE EVENT SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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