NY State Senate Bill 2023-S2383

Current 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 03, 2024	referred to elections
Jan 20, 2023	referred to elections

co-Sponsors

2023-S2383 (ACTIVE) - Details

See Assembly Version of this Bill:: A2876
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§8-502 & 8-504, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7626, A8833
2021-2022: S269, A5566

2023-S2383 (ACTIVE) - Summary

Requires persons administering challenge oaths to voter applicants to attest that the challenge is being made in good faith and to provide certain identifying information; requires challenge oaths to be presented to a challenged voter applicant in writing.

2023-S2383 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2383

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend to the election law, in relation to the administration
of challenge oaths to voter applicants

 
PURPOSE:

The purpose of the bill is to ensure that voters are challenged in good
faith.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 8-502 of the election law which requires that
permits the inspector or the clerk to challenge an applicant if they
know or suspect the person is not entitled to vote in the district.
However, prior to making a challenge to a voter, the person challenging
the voter's rights to vote must take a verbal oath in the presence of an
inspector, clerk or duly appointed watcher that they are challenging the
voter in good faith, as well as complete a written document in which is

approved by the board of elections.

Section 2 amends Section 8-504 of the election law, subdivisions 1, 2,
3, 4, 5, 7 and 8 as renumbered by chapter 373 of the laws of 1978,
subdivisions 4 and 5 as amended by chapter 9 of the laws of 1978 and
subdivision 6 as amended by chapter 82 of the laws of 1982 which
replaces references to the individual being challenged with "applicant",
and provides for a challenge oath to be administered by board of
elections approved document, and signed by the applicant, or for the
challenge oath to be read to the applicant.

Section 3 provides the effective date.

 
JUSTIFICATION:

A voter's qualification to vote may be challenged by an inspector or
clerk, any duly appointed watcher, or by any registered voter properly
in the polling place.

According to the Brennan Center for Justice, "Forty-six states permit
political party representatives or registered voters to challenge a
voters' right to cast a ballot, either on or prior to Election Day. This
typically leads to an inquiry, which may result in challenged voters
losing their ability to cast ballots that count.  Voter challenge laws
are defended as a means to prevent voter fraud.  At times, however, they
can be misused and harm otherwise eligible voters."

Recently in Nassau County, the office of the New York State Attorney
General had to monitor voting sites during the 2019 early voting general
election in order to protect New Yorkers' fundamental right to vote.

This legislation requires all challengers to take an oath stating that
he or she acted in good faith and completed a written document.  Anyone
who is successfully registered to vote is entitled to a presumption of
eligibility. The inspector or the clerk challenging the vote should be
required to provide reliable evidence to substantiate their claims.

 
LEGISLATIVE HISTORY:

S269 OF 2021-22: Referred to Elections.

S7626 OF 2019-20: Referred to Elections.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to all elections occurring on or
after such effective date. Effective immediately 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 date.

2023-S2383 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2383
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  HOYLMAN-SIGAL, KRUEGER, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Elections
 
 AN  ACT  to amend to the election law, in relation to the administration
   of challenge oaths to voter applicants

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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,
 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  appointed watcher, or by any registered voter
 properly in the polling place. 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 challenged on election day which is furnished by the
 board of elections.
   2. PRIOR TO MAKING A CHALLENGE TO A VOTER AS PROVIDED IN THIS SECTION,
 THE PERSON CHALLENGING THE VOTER'S RIGHT TO VOTE SHALL:
   (A) TAKE A VERBAL OATH IN THE PRESENCE OF AN INSPECTOR, CLERK OR  DULY
 APPOINTED  WATCHER  AFFIRMING  THAT HE OR SHE IS MAKING THE CHALLENGE IN
 GOOD FAITH AND THAT HE OR SHE IS AWARE THAT A BAD FAITH CHALLENGE  COULD
 LEAD TO PENALTIES AND CONSEQUENCES; AND
   (B)  COMPLETE  A  WRITTEN  DOCUMENT IN SUCH FORM AS IS APPROVED BY THE
 STATE BOARD OF ELECTIONS STATING HIS OR HER NAME  AND  ADDRESS  AND  THE
 NAME OF THE VOTER WHO WAS CHALLENGED.
   § 2. Section 8-504 of the election law, subdivisions 1, 2, 3, and 4 as
 renumbered  by chapter 373 of the laws of 1978, subdivision 4 as amended
 by chapter 9 of the laws of 1978, subdivision 5 as amended by chapter 82
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00874-01-3

 S. 2383                             2
 
 of the laws of 1982 and subdivisions 5, 6, and 7 as renumbered by  chap-
 ter 103 of the laws of 2021, is amended to read as follows:
   §  8-504. Challenges; of voter at the polling place. 1. When an appli-
 cant is challenged, an inspector shall [administer to  him]  PROVIDE  TO
 THE  APPLICANT the following oath, which shall be known as "The prelimi-
 nary oath": "You do solemnly swear (or affirm) that you will  make  true
 answers  to  such  questions as may be put to you concerning your quali-
 fications as a voter". If the applicant shall refuse to take  such  oath
 [he] THE APPLICANT shall not be permitted to vote.
   2.  If  the  applicant  shall take the preliminary oath, the inspector
 shall ask the applicant such questions as  may  pertain  to  the  reason
 [his]  THE  APPLICANT'S  right to vote at such election in such district
 was challenged. If any applicant shall refuse to answer fully any  ques-
 tions  which  may be put to [him, he] THE APPLICANT, THE APPLICANT shall
 not be permitted to vote.
   3. After receiving the answers as above specified, of  any  applicant,
 the  board  shall,  if  it believes the applicant to be qualified or the
 challenge is withdrawn, permit [him] THE APPLICANT to  vote.  Otherwise,
 the  board shall point out to [him] THE APPLICANT the qualifications, if
 any, in respect of which [he] THE APPLICANT shall appear deficient.  If,
 after  such  deficiencies  have  been  so indicated, the applicant shall
 persist in [his] THE APPLICANT'S  claim  to  vote,  an  inspector  shall
 [administer  to  him]  PROVIDE  THE  APPLICANT the following oath, which
 shall be known as "The Qualification Oath": "You do  swear  (or  affirm)
 that you are eighteen years of age, that you are a citizen of the United
 States  and  that  you  have  been a resident of this state, and of this
 county (of the city of New York) (village) for thirty days next  preced-
 ing  this election, that you still reside at the same address from which
 you have been duly registered in this election district, that  you  have
 not  voted  at this election, and that you do not know of any reason why
 you are not qualified to vote at this election. You do  further  declare
 that  you are aware that it is a crime to make any false statement. That
 all the statements you have made to the board have been  true  and  that
 you  understand that a false statement is perjury and you will be guilty
 of a misdemeanor."
   4. If the applicant shall be  challenged  for  the  causes  stated  in
 section  three  of  article two of the constitution of this state, which
 would exclude [him] THE APPLICANT from the right to vote, such inspector
 shall [administer to him] PROVIDE THE APPLICANT the following additional
 oath, which shall be known as "The Bribery  Oath":  "You  do  swear  (or
 affirm) that you have not received or offered, do not expect to receive,
 have  not  paid,  offered  or promised to pay or contributed, offered or
 promised to contribute to another, to be paid or used; any money or  any
 other valuable thing as a compensation or reward for the giving or with-
 holding  of  a  vote  at this election, and have not made any promise to
 influence the giving or withholding of any such vote, and that you  have
 not  made,  or  become  directly  or indirectly interested in any bet or
 wager depending upon the result of this election."
   5. If the applicant shall be challenged on the ground of  having  been
 adjudged  incompetent,  such inspector shall [administer to him] PROVIDE
 THE APPLICANT the following additional oath, which  shall  be  known  as
 "The  Incompetency  Oath":  "You  do swear (or affirm) that you have not
 been adjudged incompetent by order of competent judicial  authority,  or
 if  so adjudged, that you have since been adjudged competent which fully
 warrants your right to vote."
 S. 2383                             3
 
   6. If any [person] APPLICANT shall refuse to take any oath so tendered
 [he] SUCH APPLICANT shall not be permitted to  vote,  but  if  [he]  THE
 APPLICANT  shall  take the oath or oaths tendered to [him he] THE APPLI-
 CANT, THE APPLICANT shall be permitted to vote.
   6-A.  CHALLENGE  OATHS DESCRIBED IN THIS SECTION SHALL BE ADMINISTERED
 TO A CHALLENGED APPLICANT BY DELIVERY BY THE CHALLENGER TO THE APPLICANT
 OF A WRITTEN DOCUMENT IN A FORM AS IS APPROVED BY  THE  STATE  BOARD  OF
 ELECTIONS  WHICH SETS FORTH THE APPLICABLE OATH AND PROVIDES A SPACE FOR
 THE APPLICANT TO SIGN AND DATE THE DOCUMENT. AN APPLICANT WHO SIGNS  THE
 DOCUMENT  OR DOCUMENTS, AS APPLICABLE, SHALL BE DEEMED TO HAVE TAKEN THE
 OATH AND SHALL BE PERMITTED TO VOTE. NOTWITHSTANDING  THE  FOREGOING,  A
 CHALLENGE OATH MAY BE ADMINISTERED BY THE CHALLENGER ORALLY IF THE CHAL-
 LENGED  APPLICANT  IS  ILLITERATE,  HAS  DIFFICULTY  READING OR DOES NOT
 UNDERSTAND THE WRITTEN OATH OR SPECIFICALLY REQUESTS THAT  THE  OATH  OR
 OATHS BE READ TO THE APPLICANT VERBALLY.
   7. The inspectors shall enter the challenge date in the space reserved
 therefor  on  the back of the voter's registration poll record and shall
 make a record of each challenge on  the  challenge  report  as  required
 herein.  Where registration poll records are not being used, the inspec-
 tors shall in the remarks column for the election opposite the  name  of
 the  voter enter a note of the challenge and shall make a record of each
 challenge on the challenge report.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to all elections occurring on
 or after such effective date. Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

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Senate Bill S2383

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

2023-S2383 (ACTIVE) - Details

2023-S2383 (ACTIVE) - Summary

2023-S2383 (ACTIVE) - Sponsor Memo

2023-S2383 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2383

Share this bill

Sponsored By

Zellnor Myrie

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Luis R. Sepúlveda

2023-S2383 (ACTIVE) - Details

2023-S2383 (ACTIVE) - Summary

2023-S2383 (ACTIVE) - Sponsor Memo

2023-S2383 (ACTIVE) - Bill Text download pdf

Comments