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A10390Assembly2009-2010 SessionSame asS6908

Relates to write-in votes on election ballots

Sponsor Brian KavanaghAD-74Affects Public Safety & Consumer Affairs
Status
In Assembly Committee
Election Law
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Election Law

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Who cares

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Sponsors

Primary sponsor
Brian Kavanagh

Assembly Member · Assembly District 74

No co-sponsors yet.

History

  1. Referred to election law

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S6908Senate

Relates to write-in votes on election ballots

In Assembly Committee · Election Law · Sponsor Joseph P. Addabbo Jr.

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A10390

Title of bill

An act to amend the election law, in relation to write- in votes

Purpose

The bill clarifies the instructions for casting write-in votes.

Summary of provisions

Section 1 of the bill amends Election Law section 7-106, paragraph 3 of subdivision 5 to provide that in order to vote for an individual who is not listed on ballot, the voter shall enter the candidate's name in the space labeled "write-in" appearing at the end of the column or row under the title of the office.

Section 2 of the bill amends Election Law section 7-122, subparagraph 3 of paragraph (d) of subdivision 1 to provide that a voter can vote for an individual who is not listed on the ballot by entering the candi- date's name in the appropriate space labeled "write-in" appearing at the bottom of a column or row under the title for that office.

Section 3 of the bill amends Election Law section 7-122, subparagraphs 1 and 3 of paragraph (e) of subdivision 2 to provide respectively that the ballot should be marked with the writing utensils provided and a write in candidate's name should be entered in the space labeled "write-in" appearing at the bottom of the column or row under the title of the office.

Section 4 of the bill: Sets forth the effective date.

Justification

Under current law, the amended sections provide when a voter wishes to cast a vote for an individual who is not listed on the ballot, the voter shall write or stamp the name "on a blank line under the names of the candidates for that office" or in the "blank space which appears at the bottom of the column" and also provides that the vote must be marked with the pencil provided.

The current law is both too vague and even contradictory regarding placement of the write-in name and is too restrictive in its description of the writing instruments provided with the ballot. This lack of clari- ty has resulted in voters casting their write-in votes in unauthorized areas of the ballot. The changes in the statutory language clarify the placement for write-in votes and should reduce confusion for voters.

This legislation was requested by the State Board of Elections in its 2010 Election Law Proposals (SBE 10-10).

Legislative history

New bill in the Assembly; same as S6908 (Addabbo).

Fiscal impact on the state

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.