Bill Text: NY S00269 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires persons administering challenge oaths to voter applicants to attest that the challenge is being made in good faith and to provide certain identifying information; requires challenge oaths to be presented to a challenged voter applicant in writing.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ELECTIONS [S00269 Detail]
Download: New_York-2021-S00269-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 269 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend to the election law, in relation to the administration of challenge oaths to voter applicants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8-502 of the election law, as amended by chapter 2 373 of the laws of 1978, is amended to read as follows: 3 § 8-502. Challenges; generally. 1. Before his or her vote is cast at 4 an election any person may be challenged as to his or her right to vote, 5 or his or her right to vote by absentee, military, special federal or 6 special presidential ballot. Such challenge may be made by an inspector 7 or clerk, by any duly appointed watcher, or by any registered voter 8 properly in the polling place. An inspector shall challenge every person 9 offering to vote, whom he or she shall know or suspect is not entitled 10 to vote in the district, and every person whose name appears on the list 11 of persons to be challenged on election day which is furnished by the 12 board of elections. 13 2. Prior to making a challenge to a voter as provided in this section, 14 the person challenging the voter's right to vote shall: 15 (a) take a verbal oath in the presence of an inspector, clerk or duly 16 appointed watcher affirming that he or she is making the challenge in 17 good faith and that he or she is aware that a bad faith challenge could 18 lead to penalties and consequences; and 19 (b) complete a written document in such form as is approved by the 20 state board of elections stating his or her name and address and the 21 name of the voter who was challenged. 22 § 2. Section 8-504 of the election law, subdivisions 1, 2, 3, 4, 5, 7 23 and 8 as renumbered by chapter 373 of the laws of 1978, subdivisions 4 24 and 5 as amended by chapter 9 of the laws of 1978 and subdivision 6 as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02439-01-1S. 269 2 1 amended by chapter 82 of the laws of 1982, is amended to read as 2 follows: 3 § 8-504. Challenges; of voter at the polling place. 1. When an appli- 4 cant is challenged, an inspector shall [administer to him] provide to 5 the applicant the following oath, which shall be known as "The prelimi- 6 nary oath": "You do solemnly swear (or affirm) that you will make true 7 answers to such questions as may be put to you concerning your quali- 8 fications as a voter". If the applicant shall refuse to take such oath 9 [he] the applicant shall not be permitted to vote. 10 2. If the applicant shall take the preliminary oath, the inspector 11 shall ask the applicant such questions as may pertain to the reason 12 [his] the applicant's right to vote at such election in such district 13 was challenged. If any applicant shall refuse to answer fully any ques- 14 tions which may be put to [him, he] the applicant, the applicant shall 15 not be permitted to vote. 16 3. After receiving the answers as above specified, of any applicant, 17 the board shall, if it believes the applicant to be qualified or the 18 challenge is withdrawn, permit [him] the applicant to vote. Otherwise, 19 the board shall point out to [him] the applicant the qualifications, if 20 any, in respect of which [he] the applicant shall appear deficient. If, 21 after such deficiencies have been so indicated, the applicant shall 22 persist in [his] the applicant's claim to vote, an inspector shall 23 [administer to him] provide the applicant the following oath, which 24 shall be known as "The Qualification Oath": "You do swear (or affirm) 25 that you are eighteen years of age, that you are a citizen of the United 26 States and that you have been a resident of this state, and of this 27 county (of the city of New York) (village) for thirty days next preced- 28 ing this election, that you still reside at the same address from which 29 you have been duly registered in this election district, that you have 30 not voted at this election, and that you do not know of any reason why 31 you are not qualified to vote at this election. You do further declare 32 that you are aware that it is a crime to make any false statement. That 33 all the statements you have made to the board have been true and that 34 you understand that a false statement is perjury and you will be guilty 35 of a misdemeanor." 36 4. If the applicant shall be challenged for the causes stated in 37 section three of article two of the constitution of this state, which 38 would exclude [him] the applicant from the right to vote, such inspector 39 shall [administer to him] provide the applicant the following additional 40 oath, which shall be known as "The Bribery Oath": "You do swear (or 41 affirm) that you have not received or offered, do not expect to receive, 42 have not paid, offered or promised to pay or contributed, offered or 43 promised to contribute to another, to be paid or used; any money or any 44 other valuable thing as a compensation or reward for the giving or with- 45 holding of a vote at this election, and have not made any promise to 46 influence the giving or withholding of any such vote, and that you have 47 not made, or become directly or indirectly interested in any bet or 48 wager depending upon the result of this election." 49 5. If the applicant shall be challenged on the ground of having been 50 convicted of a felony, such inspector shall [administer to him] provide 51 the applicant the following additional oath, which shall be known as 52 "The Conviction Oath": "You do swear (or affirm) that you have not been 53 convicted of any felony, or if so convicted, that you have been 54 pardoned, or restored to all the rights of a citizen, or the maximum 55 term of imprisonment to which you were sentenced has expired, or you 56 have been discharged from parole or your sentence has been suspended."S. 269 3 1 6. If the applicant shall be challenged on the ground of having been 2 adjudged incompetent, such inspector shall [administer to him] provide 3 the applicant the following additional oath, which shall be known as 4 "The Incompetency Oath": "You do swear (or affirm) that you have not 5 been adjudged incompetent by order of competent judicial authority, or 6 if so adjudged, that you have since been adjudged competent which fully 7 warrants your right to vote." 8 7. If any [person] applicant shall refuse to take any oath so tendered 9 [he] such applicant shall not be permitted to vote, but if [he] the 10 applicant shall take the oath or oaths tendered to [him he] the appli- 11 cant, the applicant shall be permitted to vote. 12 7-a. Challenge oaths described in this section shall be administered 13 to a challenged applicant by delivery by the challenger to the applicant 14 of a written document in a form as is approved by the state board of 15 elections which sets forth the applicable oath and provides a space for 16 the applicant to sign and date the document. An applicant who signs the 17 document or documents, as applicable, shall be deemed to have taken the 18 oath and shall be permitted to vote. Notwithstanding the foregoing, a 19 challenge oath may be administered by the challenger orally if the chal- 20 lenged applicant is illiterate, has difficulty reading or does not 21 understand the written oath or specifically requests that the oath or 22 oaths be read to the applicant verbally. 23 8. The inspectors shall enter the challenge date in the space reserved 24 therefor on the back of the voter's registration poll record and shall 25 make a record of each challenge on the challenge report as required 26 herein. Where registration poll records are not being used, the inspec- 27 tors shall in the remarks column for the election opposite the name of 28 the voter enter a note of the challenge and shall make a record of each 29 challenge on the challenge report. 30 § 3. This act shall take effect on the one hundred eightieth day after 31 it shall have become a law and shall apply to all elections occurring on 32 or after such effective date. Effective immediately the addition, amend- 33 ment and/or repeal of any rule or regulation necessary for the implemen- 34 tation of this act on its effective date are authorized to be made and 35 completed on or before such date.
