NY State Senate Bill 2021-S2955

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Jan 26, 2021	referred to elections

2021-S2955 (ACTIVE) - Details

See Assembly Version of this Bill:: A4264
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§4-117, 8-502, 8-504, 8-508, 8-510 & 17-108, add §8-503, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8654, A6587
2019-2020: S2301, A3334
2023-2024: S2987, A290

2021-S2955 (ACTIVE) - Summary

Provides protections against illegal voter purging.

2021-S2955 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2955

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the election law, in relation to providing protections
against illegal voter purging

 
PURPOSE OF BILL:

The purpose of this bill is to enhance the ability of every qualified
New Yorkers to exercise his or her fundamental right to vote by bolster-
ing voter protections when challenges to voter qualifications are made
by non-election officials.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 4 to section 4-117 of the Election Law
to provide that any person, other than an election officer, who mails or
causes to be mailed, between August 1St and December 314 of any calendar
year, any first class nonforwardable mail, where such person knows or

reasonably should know that such nonforwardable mail:

(a) is intended to be delivered to a registered voter; and (b) may be
used by a challenger, other than an election officer, on election day to
challenge the qualifications of a voter, shall file with the board of
elections within 2 business days a duplicate copy of the nonforwardable
mail, a duplicate copy of the names and addresses to which such mail was
sent and a completed form as prescribed the board of elections. Failure
to comply with the requirements of this newly added subdivision is made
punishable as a misdemeanor.

Section 2 amends section 8-502 of the Election Law to require any
person, other than an election inspector, who challenges the qualifica-
tions of a voter to complete, execute and deliver to the board of
inspectors a challenge affidavit that satisfies the requirements of
section 8-503 of the Election Law.

Section 3 adds a new section 8-503 to the Election Law to: (a) require
NYS BOE to prescribe the form and content of an election day challenge
affidavit for use at any election and make the forms available to all
qualified voters, and (b) establish the procedures to be followed by a
person completing a challenge affidavit and by the election inspector
administering the oath/affirmation required by that section.

Section 4 amends 8-504 of the Election Law to prescribe the questions
and preliminary oath given to voter's whose qualifications are chal-
lenged.

Section 5 amends section 8-504 of the Election Law to by adding a new
section 9 to provide that information concerning the individual's citi-
zenship status collected during the challenging process should not be
retained, used or shared for any other purpose except for voting quali-
fication purposes.

Section 6 amends paragraphs (b) and (e) of subdivision 2,of section
B-508 of the Election law to require the challenge report to include, in
addition to the name and address of the voter challenged, the name and
address of the person who challenged such voter, if such person is not
an election inspector, and to include in the Certification for the
report the reason for such challenge and the name of all challengers who
are not inspectors or clerks.

Section 7 amends subdivision 3 of section 8-510 of the Election Law to
require that each challenge affidavit be secured with the challenge
report.

Section 8 amends subdivisions 1 and 2 of section 17-108 of the Election
Law to add challenge reports and challenge affidavits to the list of
items in that section that, if willfully lost, altered, destroyed or
mutilated by any person, or a false statement in made in connection
with, constitutes a misdemeanor.

Section 9 sets forth the effective date.

 
JUSTIFICATION:

It is essential that challenges to voter eligibility protect against
improper discriminatory allegations made solely to disenfranchise or
intimidate voters. Such improper challenges have frequently targeted
voters of color, student voters, and voters with disabilities. It is
imperative that steps are taken to help ensure that qualified voters are
not subjected to such challenges at the polling place or prevented from
exercising their fundamental right to vote.

This bill will require that adequate protections are in place to help
ensure that such allegations are not made without proper proof and
documentation.

Such protections include requiring any person, other than an election
inspector, who challenges the qualifications of a voter at an election
to complete, execute and deliver to the board of inspectors a "challenge
affidavit" that includes specific identifying information about the
affiant (e g., name, residence and business address and employer) as
well as a recital of the reasons and facts supporting the affiant's
belief that the challenged voter lacks one or more of the legal quali-
fications for voting. The bill would also add making a false statement
on the challenge affidavit, or destroying a challenge report or chal-
lenge affidavit to the list of items that constitute a misdemeanor.
These provisions will bolster protections for qualified voters to ensure
their fundamental right to vote is preserved.

 
LEGISLATIVE HISTORY:

2019-2020: S2301B/A3334C ELECTIONS/ Election Law
2018: S8654/A6587 - Elections/Election Law
2017: A6587 - Election Law

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2955 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2955
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  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

 S. 2955                             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.

 S. 2955                             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.

 S. 2955                             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.

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Senate Bill S2955

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S2955 (ACTIVE) - Details

2021-S2955 (ACTIVE) - Summary

2021-S2955 (ACTIVE) - Sponsor Memo

2021-S2955 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2955

Share this bill

Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S2955 (ACTIVE) - Details

2021-S2955 (ACTIVE) - Summary

2021-S2955 (ACTIVE) - Sponsor Memo

2021-S2955 (ACTIVE) - Bill Text download pdf

Comments