NY State Senate Bill 2023-S4673

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
Feb 13, 2023	referred to elections

2023-S4673 (ACTIVE) - Details

See Assembly Version of this Bill:: A5731
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§8-302 & 8-412, El L
Versions Introduced in 2021-2022 Legislative Session:: S7368

2023-S4673 (ACTIVE) - Summary

Requires voters voting by affidavit ballot to produce an identification document to verify residency in the election district; requires absentee ballots to be received by election day, or be post-marked by the first day of early voting.

2023-S4673 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4673

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the election law, in relation to requirements for affi-
davit ballots and absentee ballots

 
PURPOSE:

To ensure that those voters casting affidavit ballots are doing so from
their proper election district.

 
SUMMARY OF PROVISIONS:

Section 1: Paragraph (c) of subdivision 2-a of section 8-302 of the
election law, as amended by section 8 of part xx of chapter 55 of the
laws of 2019 is amended. This section adds a provision that a voter
voting by affidavit ballot shall be required to produce an identifica-
tion document that meets the criteria outlined in paragraph (a) of this
subdivision.

Section 2: Subparagraph (ii) of paragraph C of subdivision 3 of section
8-302 of the election law, as amended by section 8 of part xx of chapter
55 of the laws of 2019 is amended. This section provides that inspectors
of election shall offer an affidavit ballot to each such voter whose
residence address is in such election district only after such voter has
produced an identification document pursuant to paragraph (c)of subdivi-
sion 2-a of this section.

Section 3: Subdivision 1 of section 8-412 of the election law, as
amended by chapter 140 of the laws of 2020, is amended. This section
provides that absentee ballots must be endorsed by the first day of
early voting in order to be cast and counted.

Section 4: Effective date.

 
JUSTIFICATION:

For many years, antiquated procedures and unclear processes have been a
hindrance for Boards of Election. These issues were exacerbated during
the 2020 campaign cycle, resulting in a disastrous counting process in
New York Congressional District 22. To ensure voters that their election
process remains equitable and fair, this bill puts in place common-sense
measures for voter identification. Specifically, this bill addresses the
affidavit ballot process and the need for residence verification. Rather
than address verification after the fact when Boards of Election have a
multitude of other responsibilities, this bill requires that election
inspectors verify residence prior to issuing an affidavit ballot. This
ensures that a voter is voting from the correct election district and
further seeks to reduce verification errors.

 
LEGISLATIVE HISTORY:

2022: S7368 Referred to Elections

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4673 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4673
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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 requirements for  affi-
   davit ballots and absentee ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 2-b of section  8-302  of  the
 election  law,  as  amended by section 8 of part XX of chapter 55 of the
 laws of 2019 and such subdivision as renumbered by chapter  763  of  the
 laws of 2021, is amended to read as follows:
   (c)  [If  the voter does not produce an identification document listed
 in paragraph (a) of this subdivision, the voter shall only  be  entitled
 to  vote  by affidavit ballot unless a court order provides otherwise] A
 VOTER VOTING BY AFFIDAVIT BALLOT SHALL BE REQUIRED TO PRODUCE  AN  IDEN-
 TIFICATION DOCUMENT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION. IF SUCH
 IDENTIFICATION  DOCUMENT  IS  AN  IDENTIFICATION  DOCUMENT  LISTED UNDER
 SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS  SUBDIVISION,  SUCH  DOCUMENT
 SHALL  HAVE BEEN ISSUED OR CREATED NOT MORE THAN ONE HUNDRED TWENTY DAYS
 PRIOR TO THE ELECTION. IF SUCH IDENTIFICATION DOCUMENT EXISTS  IN  ELEC-
 TRONIC FORM, SUCH VOTER SHALL PRODUCE A PRINTED COPY OF SUCH IDENTIFICA-
 TION DOCUMENT.
   §  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
 8-302 of the election law, as amended by section 8 of part XX of chapter
 55 of the laws of 2019, is amended to read as follows:
   (ii) He or she may swear to and subscribe an affidavit stating that he
 or she has duly  registered  to  vote,  the  address  in  such  election
 district  from which he or she registered, that he or she remains a duly
 qualified voter in such election district, that his or her  registration
 poll  record  appears  to  be  lost or misplaced or that his or her name
 and/or his or her signature was  omitted  from  the  computer  generated
 registration  list or such record indicates the voter already voted when
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09229-01-3

 S. 4673                             2
 
 he or she did not do so or that he or she  has  moved  within  New  York
 state  since he or she last registered, the address from which he or she
 was previously registered and the address at which he or  she  currently
 resides,  and  at  a  primary  election, the party in which he or she is
 enrolled. The inspectors of election shall offer such  an  affidavit  to
 each  such  voter  whose residence address is in such election district,
 AFTER SUCH VOTER HAS PRODUCED AN  IDENTIFICATION  DOCUMENT  PURSUANT  TO
 PARAGRAPH  (C) OF SUBDIVISION TWO-A OF THIS SECTION. Each such affidavit
 shall be in a form prescribed by the state board of elections, shall  be
 printed  on  an  envelope  of  the size and quality used for an absentee
 ballot envelope, and shall contain an acknowledgment  that  the  affiant
 understands  that any false statement made therein is perjury punishable
 according to law. Such form prescribed by the state board  of  elections
 shall  request  information  required  to register such voter should the
 county board determine that such  voter  is  not  registered  and  shall
 constitute  an application to register to vote. The voter's name and the
 entries required shall then be entered without delay and without further
 inquiry in the fourth section of the challenge report or  in  the  place
 provided  in the computer generated registration list, with the notation
 that the voter has executed the affidavit hereinabove prescribed, or, if
 such person's name appears in  such  registration  list,  the  board  of
 elections may provide a place to make such entry next to his or her name
 in  such list. The voter shall then, without further inquiry, be permit-
 ted to vote an affidavit ballot  provided  for  by  this  chapter.  Such
 ballot  shall  thereupon be placed in the envelope containing his or her
 affidavit, and  the  envelope  sealed  and  returned  to  the  board  of
 elections  in the manner provided by this chapter for protested official
 ballots, including a statement of the number of such ballots.
   § 3. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 140 of the laws of 2020, is amended to read as follows:
   1. The board of elections shall cause all absentee ballots received by
 it before the close of  the  polls  on  election  day  and  all  ballots
 contained  in envelopes showing a cancellation mark of the United States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the  United  States  govern-
 ment,  with  a  date which is ascertained to be not later than the FIRST
 day of EARLY VOTING FOR the election  and  received  by  such  board  of
 elections  not later than seven days following the day of election to be
 cast and counted  except  that  the  absentee  ballot  of  a  voter  who
 requested  such  ballot by letter, rather than application, shall not be
 counted unless a valid  application  form,  signed  by  such  voter,  is
 received  by  the  board  of elections with such ballot. For purposes of
 this section, any absentee ballot received by the board of elections  by
 mail that does not bear or display a dated postmark shall be presumed to
 have  been  timely mailed or delivered if such ballot bears a time stamp
 of the receiving board of elections indicating receipt by such board  on
 the day [after] OF the election.
   § 4. This act shall take effect immediately.

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Senate Bill S4673

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

2023-S4673 (ACTIVE) - Details

2023-S4673 (ACTIVE) - Summary

2023-S4673 (ACTIVE) - Sponsor Memo

2023-S4673 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4673

Share this bill

Sponsored By

George M. Borrello

Current Bill Status - In Senate Committee Elections Committee

2023-S4673 (ACTIVE) - Details

2023-S4673 (ACTIVE) - Summary

2023-S4673 (ACTIVE) - Sponsor Memo

2023-S4673 (ACTIVE) - Bill Text download pdf

Comments