NY State Senate Bill 2025-S3233

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 24, 2025	referred to elections

2025-S3233 (ACTIVE) - Details

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
2019-2020: S2301
2021-2022: S2955
2023-2024: S2987

2025-S3233 (ACTIVE) - Summary

Provides protections against illegal voter purging.

2025-S3233 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3233

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA 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 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 non forwardable mail, where such person knows or
reasonably should know that such non forwardable 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 non forwardable
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 voters whose qualifications are chal-
lenged.

Section 5 amends section 8-504 of the Election Law 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.

 
PRIOR LEGISLATIVE HISTORY:

2024: S2987 (Kavanagh) - REFERRED TO ELECTIONS /A290 (Walker) - referred
to election law

2023: S2987 (Kavanagh) - REFERRED TO ELECTIONS /A290 (Walker) - referred
to election law

2022: S2955 (Kavanagh) - REFERRED TO ELECTIONS /A4264 (Walker) -
referred to election law

2021: S2955 (Kavanagh) - REFERRED TO ELECTIONS /A4264 (Walker) -
referred to election law


2020: S2310B (Kavanagh) - REFERRED TO ELECTIONS /A3334C (Walker) -
referred to election law

2019: S2301B (Kavanagh) - COMMITTED TO RULES /A3334C (Walker) - referred
to election law

2018: S9654 (Kavanagh) - REFERRED TO ELECTIONS /A6587 (Walker) -
referred to election law

2017: A6587 (Walker) - referred to election law

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3233 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3233
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 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  481  of
 the laws of 2023, is amended to read as follows:
   §  8-502.  Challenges;  generally. 1. Before [his] THE VOTER'S vote is
 cast at an election any person may be challenged as to [his] THE VOTER'S
 right to vote, IN  ACCORDANCE  WITH THE PROVISIONS OF THIS  SECTION,  or
 [his]  THE  VOTER'S  right  to  vote  by early mail, absentee, military,
 special federal or special presidential ballot. Such  challenge  may  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05256-01-5

 S. 3233                             2
 
 made  by an inspector or clerk, by any duly 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] THE INSPECTOR 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.
   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 THE AFFIANT'S 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 THE AFFIANT'S INFORMATION.  AFTER  THE
 AFFIANT  HAS  FILED  SUCH  AFFIDAVIT, AN INSPECTOR FROM EACH MAJOR PARTY
 SHALL READ TO THE AFFIANT AND REQUEST THE AFFIANT 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 SUCH VOTER IS NOW REGISTERED." IF
 THE AFFIANT SHALL TAKE AND SIGN SUCH OATH, AN INSPECTOR SHALL  SIGN  THE
 INSPECTOR'S  NAME  AS A WITNESS BELOW THE AFFIANT'S SUBSCRIPTION TO SUCH
 OATH. AN INSPECTOR MAY REQUEST STATE-ISSUED IDENTIFICATION TO AFFIRM THE
 IDENTITY OF THE CHALLENGER.  EACH CHALLENGE AFFIDAVIT SHALL  ONLY  CHAL-
 LENGE 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]  THE  APPLICANT'S  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?
 S. 3233                             3

   (B) If any applicant shall refuse to answer fully any OF THE questions
 [which  may be put to him] IN THIS SUBDIVISION, [he] THE APPLICANT shall
 not be permitted to vote.
   §  5.  Section  8-504  of  the election law is amended by adding a new
 subdivision 8 to read as follows:
   8. 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] THE VOTER required such assist-
 ance  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
 S. 3233                             4
 
 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.
   §  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, 2026.

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Senate Bill S3233

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

2025-S3233 (ACTIVE) - Details

2025-S3233 (ACTIVE) - Summary

2025-S3233 (ACTIVE) - Sponsor Memo

2025-S3233 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3233

Share this bill

Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Elections Committee

2025-S3233 (ACTIVE) - Details

2025-S3233 (ACTIVE) - Summary

2025-S3233 (ACTIVE) - Sponsor Memo

2025-S3233 (ACTIVE) - Bill Text download pdf

Comments