BILL NUMBER: S284

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to counting of affidavit
ballots

 
PURPOSE:

New York Election Law § 9-209(2)(a) allows a ballot to be cast and
canvassed where a person was entitled to vote, but either the ballot
envelope was invalid on its face due to ministerial error by the board
of elections, or where the voter appeared at the correct polling place,
but in the incorrect election district. This bill would allow a ballot
to be cast and canvassed a when a voter appears in the correct county,
but in the incorrect polling place and election district.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new § 9-209(2)(a)(iii) of the election law
              

to specify that the board shall cast and canvass such portions of the
ballot that correspond to the voter's election district if the voter
appeared in the correct county, regardless of the fact that the voter
may have appeared in the incorrect polling place and election district.

  Section 2 of the bill is the effective date.

 
JUSTIFICATION:

This  bill  would  remedy  a  situation where a voter is disenfranchised
inadvertently by appearing to vote in the wrong polling  place,  but  in
the  correct county. There are many instances when a voter can inadvert-
ently go to the wrong polling place. For instance, when a polling  place
has  recently  changed,  under  construction,  or  when a voter is given
incorrect information as to where they are supposed  to  vote.  While  a
voter  that appears in the wrong election district would have his or her
ballot cast and canvassed, a voter appearing in the wrong polling  place
would not.

While  currently  treated differently under the law, to cast and canvass
ballots for each of these circumstances is  the  same  in  practice  and
substance,  and  only  those portions of the ballot that correspond with
the voter's election district would be counted. Disenfranchising  voters
is  a  harsh result and this bill would ensure that a vote'r's ballot is
counted to the maximum extent possible under such circumstances.

 
LEGISLATIVE HISTORY:

S3195A1 A3304-A of 2019-20 A.8244 of 2017-18

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

                                 
BILL NUMBER: S284A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to counting of affidavit
ballots

 
PURPOSE:

New York Election Law § 9-209(2) (E) allows a ballot to be cast and
canvassed where a person was entitled to vote, but either the ballot
envelope was invalid on its face due to ministerial error by the board
of elections, or where the voter appeared at the correct polling place,
but in the incorrect election district. This bill would allow a ballot
to be cast and canvassed a when a voter appears in the correct county,
but in the incorrect polling place and election district.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subparagraph iii of paragraph a of subdivi-
sion ii of Section 9-209 of the election law as amended by chapter 308
              

of the laws of 2011 to specify that the board shall cast and canvass
such portions of the ballot that correspond to the voter's election
district if the voter appeared in the correct county, regardless of the
fact that the voter may have appeared in the incorrect polling place and
election district.

Section 2 amends paragraph d of subdivision 2 of section § 9-209 of the
election law as amended by chapter 104 of the laws of 2010 by allowing
an objection to a refusal to cast a ballot on the grounds that a voter
is a qualified voter of the county in which they voted.  Likewise, a
cast or canvassed ballot can be objected to on the grounds the voter was
not a qualified voter of the county in which they voted.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

This bill would remedy a situation where a voter is disenfranchised for
inadvertently appearing to vote in the wrong polling place, but in the
correct county. There are many instances when a voter can inadvertently
go to the wrong polling place. For instance, when a polling place has
recently changed, under construction, or when a voter is given incorrect
information as to where they are supposed to vote. While a voter that
appears in the wrong election district would have his or her ballot cast
and canvassed, a voter appearing in the wrong polling place would not.

While currently treated differently under the law, to cast and canvass
ballots for each of these circumstances is the same in practice and
substance, and only those portions of the ballot that correspond with
the voter's election district would be counted. Disenfranchising voters
is a harsh result and this bill would ensure that a voter's ballot is
counted to the maximum extent possible under such circumstances.

 
LEGISLATIVE HISTORY:

S3195A/ A3304-A of 2019-20
A.8244 of 2017-18
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

                                 
BILL NUMBER: S284B

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to counting of affidavit
ballots

 
PURPOSE:

New York Election Law § 9-209(2) (E) allows a ballot to be cast and
canvassed where a person was entitled to vote, but either the ballot
envelope was invalid on its face due to ministerial error by the board
of elections, or where the vote: appeared at the correct polling place,
but in the incorrect election district. This bill would allow a ballot
to be cast and canvas i a when a voter appears in the correct county,
but in the incorrect polling place and election district.

 
SUMMARY OF PROVISIONS:

Section 1 amends subparagraph iii of paragraph d of subsection 7 ii of
Section 9-209 of the election law as amended by chapter 763 of the laws
              

of 2021 to specify that the board shall cast and canvass such portions
of the ballot hat correspond to the voter's election district if the
voter appeared in the correct county, regardless of the fact that the
voter may have appeared in the incorrect polling place and election
district.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

This bill would remedy a situation where a voter is disenfranchised for
inadvertently appearing to vote in the wrong polling place, but in the
correct county. There are many instances when a voter can inadvertently
go to the wrong polling place. For instance, when a polling place has
recently changed, under construction, or when a voter is given incorrect
information as to where they are supposed to vote. While a voter that
appears in the wrong election district would have his or her ballot cast
and canvassed, a voter appearing in the wrong polling place would not.

While currently treated differently under the law, to cast and canvass
ballots for each of these circumstances is the same in practice and
substance, and only those portions of the ballot that correspond with
the voter's election district would be counted.  Disenfranchising voters
is a harsh result and this bill would ensure that a voter's ballot is
counted to the maximum extent possible under such circumstances.

 
LEGISLATIVE HISTORY:

S31951/A3304-A of 2019-20
A8244 of 2017-18

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.