Bill Text: NY S01265 | 2017-2018 | General Assembly | Introduced


Bill Title: Eliminates requirement that affidavits subscribed by voters contain the address where he or she was previously registered and requires that such affidavits substantially comply with a form prescribed by the state board of elections.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ELECTIONS [S01265 Detail]

Download: New_York-2017-S01265-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1265
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by  Sens. COMRIE, KENNEDY, PERKINS, RIVERA, SQUADRON -- 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 voter affidavits
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (ii) of paragraph  (e)  of  subdivision  3  of
     2  section 8-302 of the election law, as amended by chapter 164 of the laws
     3  of 2010, is amended to read as follows:
     4    (ii) He or she may swear to and subscribe an affidavit stating that he
     5  or  she  has  duly  registered  to  vote,  the  address in such election
     6  district from which he or she registered, that he or she remains a  duly
     7  qualified  voter in such election district, that his or her registration
     8  poll record appears to be lost or misplaced or  that  his  or  her  name
     9  and/or  his  or  her  signature  was omitted from the computer generated
    10  registration list or that he or she has moved within the county or  city
    11  since  he  or she last registered, [the address from which he or she was
    12  previously registered and] the address at  which  he  or  she  currently
    13  resides,  and  at  a  primary  election, the party in which he or she is
    14  enrolled. The inspectors of election shall offer such  an  affidavit  to
    15  each  such  voter  whose residence address is in such election district.
    16  Each such affidavit shall substantially comply with and  be  in  a  form
    17  prescribed  by  the  state  board  of  elections, shall be printed on an
    18  envelope of the size and quality used for an absentee  ballot  envelope,
    19  and  shall  contain  an acknowledgment that the affiant understands that
    20  any false statement made therein is perjury punishable according to law.
    21  Such form prescribed by the  state  board  of  elections  shall  request
    22  information  required  to  register  such  voter should the county board
    23  determine that such voter is not  registered  and  shall  constitute  an
    24  application  to  register  to  vote.  The  voter's  name and the entries
    25  required shall then be entered without delay and without further inquiry
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00176-01-7

        S. 1265                             2
     1  in the fourth section of the challenge report or in the  place  provided
     2  at  the  end of the computer generated registration list, with the nota-
     3  tion that the voter has executed the affidavit  hereinabove  prescribed,
     4  or, if such person's name appears on the computer generated registration
     5  list, the board of elections may provide a place to make such entry next
     6  to  his or her name on such list.  The voter shall then, without further
     7  inquiry, be permitted to vote an affidavit ballot provided for  by  this
     8  chapter.  Such ballot shall thereupon be placed in the envelope contain-
     9  ing his or her affidavit, and the envelope sealed and  returned  to  the
    10  board  of elections in the manner provided by this chapter for protested
    11  official ballots, including a statement of the number of such ballots.
    12    § 2. This act shall take effect immediately.
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