NY State Senate Bill 2023-S5547

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Mar 08, 2023	referred to elections

2023-S5547 (ACTIVE) - Details

See Assembly Version of this Bill:: A3859
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8947, A10943
2021-2022: S4184, A6082
2025-2026: A361

2023-S5547 (ACTIVE) - Summary

Provides voters an opportunity to cure deficiencies regarding affidavit ballots in order to have their votes counted.

2023-S5547 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5547

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to providing voters an
opportunity to cure deficiencies regarding affidavit ballots

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that voters be notified if their affidavit ballots are inval-
idated for any reason and to allow voters the opportunity to cure inval-
idated affidavits in order to have their votes counted.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 9-209 of the election law to include a subdivi-
sion specifying that the board of elections, upon determining that an
affidavit ballot envelope is incomplete or in any other manner defec-
tive, shall send the voter who submitted the affidavit a notice explain-
ing why the affidavit was rejected and providing the voter an opportu-
nity to submit a duly signed cure affirmation, which will be reviewed by

the board of elections.

Section 2 provides the state board of elections the authority to imple-
ment the act.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

In New York State, voters who are required to file affidavit ballots on
Election Day have no way to know whether their affidavit ballots were
counted, nor do they have the opportunity to correct any minor errors in
the affidavit form. Because New York does not have this kind of "cure"
process for affidavit ballots, New Yorkers -especially those in our
state's most vulnerable communities -- have, in the repent past, had
their right to vote denied, often on the basis of mere technicalities
that were irrelevant to the actual voting process. The lack of transpar-
ency regarding the rejection of affidavit ballots cast on Election Day
has occurred in recent years on a large scale in New York. During the
2016 presidential primary, for example, 121,000 voters in New York State
were required to fill out affidavit ballots; approximately 90,000 of
those votes were invalidated. The tens of thousands of voters who cast
these affidavits were not entitled to any kind or notification of the
statue of their ballot, nor did they have a right to correct or complete
any information on their affidavit that could have been easily recti-
fied. Similar issues were reported in New York City during the recent
June 2020 primary elections, where many voters had their affidavit
ballots rejected due in large part to widespread poll site and party
irregularities, which proved not only very confusing to many voters, but
also deeply disruptive during an election already affected by an ongoing
global pandemic.

By requiring a curing process for affidavit ballots, this legislation
would empower voters with the opportunity to ensure that minor mistakes
or other irregularities in the election process do not deny them one of
their most fundamental rights as members of our civic community. This
bill, if enacted, would therefore maximize the number of votes counted
in our state's elections, strengthening our democratic process in New
York.

 
PRIOR LEGISLATIVE HISTORY:

2022: S4184

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S5547 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5547
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  voters  an
   opportunity to cure deficiencies regarding affidavit ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9-209 of the election law is amended  by  adding  a
 new subdivision 7-a to read as follows:
   7-A.  CURING  OF  AFFIDAVIT  BALLOT.  (A)  UPON THE BOARD OF ELECTIONS
 DETERMINATION AT OR BEFORE THE TIME OF CANVASS THAT AN AFFIDAVIT  BALLOT
 ENVELOPE  IS  INCOMPLETE  OR IS IN ANY OTHER MANNER DEFECTIVE, THE BOARD
 SHALL, WITHIN ONE DAY OF  SUCH  DETERMINATION,  SEND  TO  THE  AFFIDAVIT
 BALLOT  VOTER'S  ADDRESS  INDICATED  ON THE AFFIDAVIT BALLOT ENVELOPE, A
 NOTICE EXPLAINING THE REASON FOR SUCH REJECTION  AND  THE  PROCEDURE  TO
 CURE  THE  REJECTION.  THE  BOARD SHALL ALSO CONTACT THE VOTER BY EITHER
 ELECTRONIC MAIL OR TELEPHONE, IF SUCH INFORMATION IS  AVAILABLE  TO  THE
 BOARD IN THE VOTER'S BALLOT ENVELOPE INFORMATION, IN ORDER TO NOTIFY THE
 VOTER  OF THE DEFICIENCY AND THE OPPORTUNITY AND THE PROCESS TO CURE THE
 DEFICIENCY.
   (B) THE VOTER MAY CURE THE AFORESAID DEFECTS BY FILING A  DULY  SIGNED
 AFFIRMATION  ATTESTING  TO THE SAME INFORMATION REQUIRED BY THE AFFIRMA-
 TION ENVELOPE AND ATTESTING THAT THE SIGNER OF THE  AFFIRMATION  IS  THE
 SAME PERSON WHO SUBMITTED SUCH AFFIDAVIT BALLOT. THE BOARD SHALL INCLUDE
 A FORM OF SUCH AFFIRMATION WITH THE NOTICE TO THE VOTER. THE AFFIRMATION
 SHALL BE IN A FORM PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   (C)  SUCH CURE AFFIRMATION SHALL BE FILED WITH THE BOARD NO LATER THAN
 SEVEN BUSINESS DAYS AFTER THE BOARD'S MAILING OF SUCH CURABLE  REJECTION
 NOTICE.    PROVIDED THE BOARD DETERMINES THAT SUCH AFFIRMATION ADDRESSES
 THE CURABLE DEFECT, THE REJECTED BALLOT SHALL  BE  REINSTATED  AND  DULY
 CANVASSED.  IF  THE BOARD OF ELECTIONS IS SPLIT AS TO THE SUFFICIENCY OF
 THE CURE AFFIRMATION, SUCH ENVELOPE SHALL BE SET ASIDE  FOR  THREE  DAYS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03830-01-3

 S. 5547                             2
 
 AND  THEN  CANVASSED  UNLESS  THE  BOARD  IS DIRECTED OTHERWISE BY COURT
 ORDER.
   (D)  WHEN  THE  BOARD OF ELECTIONS INVALIDATES AN AFFIDAVIT BALLOT AND
 THE DEFECT IS NOT CURABLE, THE VOTER SHALL  BE  NOTIFIED  BY  MAIL  SENT
 WITHIN THREE BUSINESS DAYS OF SUCH REJECTION.
   §  2.  The  state  board of elections shall promulgate rules and regu-
 lations to implement this act.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 elections occurring on or after such effective date.

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Senate Bill S5547

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2023-S5547 (ACTIVE) - Details

2023-S5547 (ACTIVE) - Summary

2023-S5547 (ACTIVE) - Sponsor Memo

2023-S5547 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5547

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Elections Committee

2023-S5547 (ACTIVE) - Details

2023-S5547 (ACTIVE) - Summary

2023-S5547 (ACTIVE) - Sponsor Memo

2023-S5547 (ACTIVE) - Bill Text download pdf

Comments