Senate Bill S284

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 - Passed Senate & 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2021-S284 - Details

See Assembly Version of this Bill:
A642
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: S4074, A8244
2019-2020: S3195, A3304

2021-S284 - 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-S284 - Sponsor Memo

2021-S284 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    284
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, MAY, SALAZAR -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Elections
 
 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-S284A - Details

See Assembly Version of this Bill:
A642
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: S4074, A8244
2019-2020: S3195, A3304

2021-S284A - 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-S284A - Sponsor Memo

2021-S284A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  284--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, MAY, REICHLIN-MELNICK, SALAZAR -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Elections -- 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-S284B - Details

See Assembly Version of this Bill:
A642
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: S4074, A8244
2019-2020: S3195, A3304

2021-S284B - 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-S284B - Sponsor Memo

2021-S284B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  284--B
     Cal. No. 2
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE, BIAGGI, BROUK, GOUNARDES, LIU, MAY, REICH-
   LIN-MELNICK, SALAZAR -- read  twice  and  ordered  printed,  and  when
   printed  to  be  committed  to the Committee on Elections -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to  the  Committee  on  Elections  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee and committed to the Committee on Rules -- reported  favora-
   bly  from said committee, ordered to a third reading, passed by Senate
   and delivered to the Assembly, recalled, vote  reconsidered,  restored
   to  third  reading, amended and ordered reprinted, retaining its place
   in the order of third reading
 
 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.

co-Sponsors

2021-S284C (ACTIVE) - Details

See Assembly Version of this Bill:
A642
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: S4074, A8244
2019-2020: S3195, A3304

2021-S284C (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-S284C (ACTIVE) - Sponsor Memo

2021-S284C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  284--C
     Cal. No. 2
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, BIAGGI, BROUK, GOUNARDES, JACKSON, LIU, MAY,
   REICHLIN-MELNICK, SALAZAR -- read twice and ordered printed, and  when
   printed  to  be  committed  to the Committee on Elections -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to  the  Committee  on  Elections  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee and committed to the Committee on Rules -- reported  favora-
   bly  from said committee, ordered to a third reading, passed by Senate
   and delivered to the Assembly, recalled, vote  reconsidered,  restored
   to  third  reading, amended and ordered reprinted, retaining its place
   in the order of third reading -- repassed by Senate and  delivered  to
   the  Assembly, recalled, vote reconsidered, restored to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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
 BALLOT INCLUDES ONE OR MORE OFFICES FOR WHICH SUCH PERSON IS  NOT  ENTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.