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A00290 Summary:

BILL NOA00290
 
SAME ASSAME AS S02987
 
SPONSORWalker
 
COSPNSR
 
MLTSPNSR
 
Amd §§4-117, 8-502, 8-504, 8-508, 8-510 & 17-108, add §8-503, El L
 
Provides protections against illegal voter purging.
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A00290 Actions:

BILL NOA00290
 
01/04/2023referred to election law
01/03/2024referred to election law
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A00290 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A290
 
SPONSOR: Walker
  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 31st of any calen- dar 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 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 8-508 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 challenge 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: 2017-2018:A6587- Referred to Election law 2019-2020:A3334- Referred to Election law 2020-2021:A4264- Referred to Election law   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A00290 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           290
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Election Law
 
        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:

     1    Section  1.  Section  4-117 of the election law is amended by adding a
     2  new subdivision 4 to read as follows:
     3    4. Any person, other than an election officer, who pays for, mails  or
     4  causes  to  be  mailed,  any mail, where such person knows or reasonably
     5  should know that such mail: (a) is intended to be delivered to a  regis-
     6  tered  voter  or  voter registration applicant; and (b) may be used by a
     7  challenger, other than an election officer, to challenge the  qualifica-
     8  tions  of  a  voter, shall file with the state board of elections within
     9  two business days of such mailing, a duplicate  copy  of  such  mail,  a
    10  duplicate copy of names and addresses to which such mail was sent, and a
    11  completed  form  prescribed  by the state board of elections.  Such form
    12  shall contain: the full name, residence and business  address,  and  the
    13  name  of  the employer of the person who pays for, mails or causes to be
    14  mailed the mailing; the approximate number of pieces of such mail; and a
    15  statement certifying the accuracy of such duplicate copies  and  of  the
    16  information  contained in the complete form.  The failure to comply with
    17  the provisions of this subdivision shall create a presumption that  such
    18  mail shall not be used to challenge the qualifications of a voter.
    19    §  2.  Section 8-502 of the election law, as amended by chapter 373 of
    20  the laws of 1978, is amended to read as follows:
    21    § 8-502. Challenges; generally. 1. Before his or her vote is  cast  at
    22  an election any person may be challenged as to his or her right to vote,
    23  in  accordance  with the provisions of this section, or his or her right
    24  to vote by absentee, military, special federal or  special  presidential
    25  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.
                                                                   LBD00994-01-3

        A. 290                              2
 
     1  appointed  watcher,  or  by any registered voter properly in the polling
     2  place in accordance with the provisions of this section.
     3    2. An inspector shall challenge every person offering to vote, whom he
     4  or  she  shall  know or suspect is not entitled to vote in the district,
     5  and every person whose name appears on the list of persons to  be  chal-
     6  lenged on election day which is furnished by the board of elections.
     7    3.  Any  person,  other  than an inspector or clerk, may challenge the
     8  qualifications of a voter only by completing, executing  and  delivering
     9  to  the  board  of  inspectors  a challenge affidavit that satisfies the
    10  requirements of section 8-503 of this title.
    11    § 3.  The election law is amended by adding a  new  section  8-503  to
    12  read as follows:
    13    §  8-503.   Challenge affidavit. 1. The state board of elections shall
    14  prescribe the content and form of a challenge affidavit for use  at  any
    15  general,  special, town or village election and at any primary election.
    16  Such affidavit shall contain the  affiant's  full  name,  residence  and
    17  business  address,  the  name  of  his or her employer, the registration
    18  serial number of the person challenged and a recital of the reasons  and
    19  the  facts  supporting  the  affiant's belief that the person challenged
    20  lacks one or more of the qualifications for voting prescribed in section
    21  5-102 or 5-106 of this chapter and  specified  in  such  affidavit.  The
    22  affidavit  shall  state  if  the reason for challenge are based upon the
    23  affiant's personal knowledge or upon information received  from  another
    24  person.  If  the affiant's belief is based upon information furnished by
    25  another, the affidavit shall recite the name of  the  person  furnishing
    26  the  information  and  the  basis  for his or her information. After the
    27  affiant has filed such affidavit, an inspector  from  each  major  party
    28  shall  read  to  him or her and request him or her to sign the following
    29  oath which shall be subscribed by such affiant: "I do solemnly swear (or
    30  affirm) that I am a qualified voter of the city or county in which  this
    31  affidavit  is  signed  and  that  the  foregoing statement made by me on
    32  (insert day, month and year) is a truthful disclosure of the reasons for
    33  my belief that the registered voter therein named is  not  qualified  to
    34  vote  in the election district in which he or she is now registered." If
    35  the affiant shall take and sign such oath, an inspector shall  sign  his
    36  or  her name as a witness below the affiant's subscription to such oath.
    37  An inspector may request state-issued identification to affirm the iden-
    38  tity of the challenger.  Each challenge affidavit shall  only  challenge
    39  the qualifications of one voter.
    40    2. The boards of elections shall make challenge affidavit forms avail-
    41  able to all qualified voters.
    42    § 4. Subdivision 2 of section 8-504 of the election law, as renumbered
    43  by chapter 373 of the laws of 1978, is amended to read as follows:
    44    2. (a) If the applicant shall take the preliminary oath, the inspector
    45  shall  ask  the  applicant  [such] the following questions as [may] they
    46  pertain to the reason his or her right to vote at such election in  such
    47  district was challenged[.]:
    48    Are you eighteen years of age or older?
    49    Are you a citizen of the United States?
    50    Have  you  been  a  resident of this state and of this county (and the
    51  City of New York or village, as applicable) for the past thirty days  or
    52  more?
    53    Do you swear that you have not already voted at this election?
    54    (b) If any applicant shall refuse to answer fully any of the questions
    55  [which  may  be  put to him] in this subdivision, he or she shall not be
    56  permitted to vote.

        A. 290                              3

     1    § 5. Section 8-504 of the election law is  amended  by  adding  a  new
     2  subdivision 8 to read as follows:
     3    8.  Information concerning the citizenship status of individuals, when
     4  collected and  transmitted  pursuant  to  this  section,  shall  not  be
     5  retained, used or shared for any other purpose except as may be required
     6  by  law.  A  failure  to  certify that an individual is a citizen of the
     7  United States shall be considered an innocent error. Such person failing
     8  to certify United States citizenship shall not be considered as attempt-
     9  ing to register to vote.
    10    § 6. Paragraphs (b) and (e) of subdivision 2 of section 8-508  of  the
    11  election  law,  as amended by section 11 of part XX of chapter 55 of the
    12  laws of 2019, are amended to read as follows:
    13    (b) The second section of such report shall be reserved for the  board
    14  of  inspectors to enter the name, address and registration serial number
    15  of each person who is challenged at the time of voting together with the
    16  reason for the challenge, the name and address of the person challenging
    17  the qualifications of such voter, if such person challenging the  quali-
    18  fications  is  not  an  inspector  or clerk, and the words "Permitted to
    19  Vote" or "Refused to take oath". If no voters are challenged, the  board
    20  of  inspectors  shall  enter  the words "No Challenges" across the space
    21  reserved for such names. In lieu of preparing section two of  the  chal-
    22  lenge  report,  the  board of elections may provide, next to the name of
    23  each voter in the computer generated registration list, a place for  the
    24  inspectors  of election to record the information required to be entered
    25  in such section two, or provide elsewhere in such registration  list,  a
    26  place for the inspectors of election to enter such information.
    27    (e)  At  the  foot  of  such report or at the end of any such computer
    28  generated registration list, if applicable, shall be a certificate  that
    29  such  report  or  list  contains the names of all persons who were chal-
    30  lenged on the day of election, [and] the reason for such  challenge  and
    31  the  names  and  addresses  of all challengers who are not inspectors or
    32  clerks that each voter so reported as having been  challenged  took  the
    33  oaths  as  required,  that such report or list contains the names of all
    34  voters to whom such board gave  or  allowed  assistance  and  lists  the
    35  nature  of the disability which required such assistance to be given and
    36  the names and family relationship, if any, to the voter of  the  persons
    37  by  whom  such  assistance  was  rendered; that each such assisted voter
    38  informed such board under oath that he required such assistance and that
    39  each person rendering such assistance took the required oath; that  such
    40  report  or  list  contains the names of all voters who were permitted to
    41  vote although their registration poll records  were  missing;  that  the
    42  entries  made  by  such  board  are  a  true  and accurate record of its
    43  proceedings with respect to the persons named in such report or list.
    44    § 7. Subdivision 3 of section 8-510 of the election law, as amended by
    45  section 12 of part XX of chapter 55 of the laws of 2019, is  amended  to
    46  read as follows:
    47    3.  The  inspectors  shall place such completed report, each challenge
    48  affidavit and each court order, if  any,  directing  that  a  person  be
    49  permitted  to vote, in the secure container provided by the county board
    50  of elections for such ledger of registration records or computer  gener-
    51  ated  registration  lists  and  then shall close and seal each ledger of
    52  registration records or computer generated registration lists, lock such
    53  ledger in the carrying case furnished for that purpose and  enclose  the
    54  keys  in a sealed package or seal such list in the envelope provided for
    55  that purpose.

        A. 290                              4
 
     1    § 8. Subdivisions 1 and 2 of section 17-108 of the  election  law,  as
     2  amended  by  chapter  373  of  the  laws of 1978, are amended to read as
     3  follows:
     4    1.  Any  person  who wilfully loses, alters, destroys or mutilates the
     5  list of voters or registration poll ledgers, a challenge affidavit, or a
     6  challenge report in any election district, or a certified copy  thereof,
     7  is guilty of a misdemeanor.
     8    2.  An applicant for registration who shall make, incorporate or cause
     9  to be incorporated a material false  statement  in  an  application  for
    10  registration,  or  in  any  challenge or other affidavit required for or
    11  made or filed in connection with registration or voting, and any  person
    12  who  knowingly  takes  a  false  oath  before  a  board of inspectors of
    13  election, and any person who makes  a  material  false  statement  in  a
    14  medical  certificate,  a  challenge  affidavit  or an affidavit filed in
    15  connection with an application for registration, is guilty of  a  misde-
    16  meanor.
    17    § 9. This act shall take effect January 1, 2024.
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