Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district; provides that such vote shall not be cast and canvassed for such contests for which the person was not entitled to vote at such election.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A642C Revised 5/9/2022
SPONSOR: Carroll TITLE OF BILL:
An act to amend the election law, in relation to counting of affidavit
ballots
PURPOSE:
New York Election Law § 9-209(7) (d) allows a ballot to be cast and
canvassed where a person was entitled to vote, but either the ballot
envelope was invalid on its face due to ministerial error by the board
of elections, or where the voter appeared at the correct polling place,
but in the incorrect election district. This bill would allow a ballot
to be cast and canvassed when a voter appears in the correct county and
a polling place that includes their correct assembly district, even if
the voter casts their ballot at a polling place for which they are not
assigned.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the election law to require that if the
central board of canvassers determines that a person was entitled to
vote at such election, the board shall cast and canvass such affidavit
ballot if such board finds that the voter appeared at a polling place,
in the correct county, which is designated as a polling place for the
correct assembly district, regardless of the fact that the voter may
have appeared in the incorrect election district or polling place, and
regardless of whether the voter's name was in the registration poll
record; provided, however, that in the event such ballot includes one or
more offices for which such person is not entitled to vote at such
election, such ballot shall only be cast and canvassed for the offices
for which such person is entitled to vote at such election.
Section 2 sets forth the effective date.
JUSTIFICATION:
This bill would remedy a situation where a voter is disenfranchised for
inadvertently appearing to vote in the wrong polling place, but in the
correct county and in a polling place that includes their assembly
district. There are many instances when a voter can inadvertently go to
the wrong polling place. For instance, when a polling place has recently
changed, under construction, or when a voter is given incorrect informa-
tion as to where they are supposed to vote. While a voter that appears
in the wrong election district would have his or her ballot cast and
canvassed, a voter appearing in the wrong polling place would not.
While currently treated differently under the law, to cast and canvass
ballots for each of these circumstances is the same in practice and
substance, and only those portions of the ballot that correspond with
the voter's election district would be counted. Disenfranchising voters
is a harsh result and this bill would ensure that a voter's ballot is
counted to the maximum extent possible under .such circumstances.
LEGISLATIVE HISTORY:
S3195A/ A3304-A of 2019-20
A.8244 of 2017-18
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect January 1, 2023.
STATE OF NEW YORK
________________________________________________________________________
642--C
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. CARROLL, COLTON, DINOWITZ, GOTTFRIED, GALEF,
PAULIN, LUPARDO, REYES, SEAWRIGHT, D. ROSENTHAL, SILLITTI, GALLAGHER,
GONZALEZ-ROJAS, SIMON, FRONTUS, ENGLEBRIGHT, LUNSFORD, SOLAGES,
CAHILL, CRUZ, SAYEGH, JACKSON, FERNANDEZ, JEAN-PIERRE, ROZIC, TAYLOR,
JACOBSON, MAMDANI, EPSTEIN, ZINERMAN, OTIS, L. ROSENTHAL, THIELE,
QUART, NIOU, ANDERSON, BURGOS, DAVILA, STIRPE, FAHY, ABINANTI, KELLES,
TAPIA, GIBBS, FORREST, DE LOS SANTOS, GLICK, KIM, DICKENS,
J. D. RIVERA, BURDICK, MEEKS, WALKER, CUNNINGHAM, HYNDMAN, BARRETT,
AUBRY -- read once and referred to the Committee on Election Law --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on
Election Law in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to counting of affidavit
ballots
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 7 of section 9-209 of the
2 election law, as added by chapter 763 of the laws of 2021, is amended to
3 read as follows:
4 (d) If the central board of canvassers determines that a person was
5 entitled to vote at such election, the board shall cast and canvass such
6 affidavit ballot if such board finds that the voter appeared at [the
7 correct] a polling place, in the correct county, which is designated as
8 a polling place for the correct assembly district, regardless of the
9 fact that the voter may have appeared in the incorrect election district
10 or polling place, and regardless of whether the voter's name was in the
11 registration poll record; provided, however, that in the event such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02357-06-2
A. 642--C 2
1 ballot includes one or more offices for which such person is not enti-
2 tled to vote at such election, such ballot shall only be cast and
3 canvassed for the offices for which such person is entitled to vote at
4 such election.
5 § 2. This act shall take effect January 1, 2023.
