NY State Senate Bill 2021-S2112

Senate Bill S2112

2021-2022 Legislative Session

Relates to the rejection by voting machines of ballots that contain a vote for a candidate who previously withdrew from an election

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Archive: Last Bill Status - In Senate Committee Elections 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Jan 19, 2021	referred to elections

co-Sponsors

2021-S2112 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §7-202, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6618
2023-2024: S1670

2021-S2112 (ACTIVE) - Summary

Relates to the rejection by voting machines of ballots that contain a vote for a candidate who previously withdrew from an election.

2021-S2112 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2112

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the election law, in relation to ballots that contain
the name of a candidate who previously withdrew from an election

 
PURPOSE:

To disqualify a vote cast for a candidate who has voluntarily withdrawn
from consideration prior to the election.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 1 of section 7-202 of the election law is amended
by adding a new paragraph u to stipulate that a voting machine reject
any ballot cast by a voter that contains a vote for a candidate that has
withdrawn his or her name as a candidate prior to the election. A notice
to the voter must state that the name of the individual is no longer a
candidate and that the voter must complete a new ballot.

The state board of elections would be authorized to promulgate rules and
regulations necessary for the implementation of this paragraph.

 
JUSTIFICATION:

A registered voter should be fully informed of all actual candidates on
an Election Day ballot and those individuals who are willing to be
active candidates on said ballot. Voters should also be informed when
their vote is cast for an individual who is no longer an active candi-
date, but whose name still appears on the Election Day ballot. Voters
should be notified that they chose an individual who has been removed as
a candidate for the specific open position and that same voter should
receive another opportunity to voluntarily cast their vote for one of
the other active, remaining candidates if they wish.

 
LEGISLATIVE HISTORY:

2019: S. 6618 - Referred to Senate Rules.

2020: S. 6618 -Referred to Senate Elections.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
January 1. 2023. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective dare are authorized to be made and completed
on or before such effective date.

2021-S2112 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2112
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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  ballots  that  contain
   the name of a candidate who previously withdrew from an election
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section  7-202  of  the  election  law  is
 amended by adding a new paragraph u to read as follows:
   U.  FOR ELECTIONS HELD ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 THREE, REJECT ANY BALLOT CAST BY A VOTER WHICH CONTAINS  A  VOTE  FOR  A
 CANDIDATE  THAT  WITHDREW  HIS  OR  HER NAME AS A CANDIDATE FOR ELECTION
 PRIOR TO SUCH ELECTION AND  WHOSE  NAME  APPEARS  ON  THE  BALLOT.  UPON
 REJECTION OF SUCH BALLOT, THE VOTING MACHINE SHALL PROVIDE NOTICE TO THE
 VOTER  THAT  THE  BALLOT HAS BEEN REJECTED. SUCH NOTICE SHALL ALSO STATE
 THE NAME OF THE PERSON WHO IS NOT LONGER A  CANDIDATE  AND  A  STATEMENT
 THAT  THE VOTER MUST COMPLETE A NEW BALLOT. THE STATE BOARD OF ELECTIONS
 IS AUTHORIZED TO PROMULGATE RULES  AND  REGULATIONS  NECESSARY  FOR  THE
 IMPLEMENTATION OF THIS PARAGRAPH.
   §  2. This act shall take effect January 1, 2023. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04147-01-1

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Senate Bill S2112

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Sponsored By

Joseph P. Addabbo Jr.