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S1060Senate2009-2010 SessionSame asA6971Same asS1701

Requires counting affidavit ballots of eligible voters if a voter appears at a polling place in the correct county but in the incorrect election district

Status
Stricken
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Elections

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Who cares

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Sponsors

Primary sponsor
Joseph P. Addabbo Jr.

Senator · Senate District 15

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to elections

Companion bills

Full text

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

Sponsor's memo

Title of bill

An act to amend the election law, in relation to counting of affidavit ballots

Purpose

To provide for the casting and counting of ballots of voters, otherwise eligible, when the voter appears at the wrong Election District but within the proper county.

Summary of provisions

Amends Section 9-209 sub 2(a) by adding a new subparagraph 3 to require The Board of Elections to cast and count such ballots

Existing law

In Panio & c. V. Sunderland et al., _NY3d,_, the Court of Appeals held that, under existing law, such ballots should not be counted.

Justification

Inspectors are required to offer an affidavit ballot when the voter appears at the proper Election District but the name cannot be found in the poll record. If the inspectors offer an affidavit ballot to a voter who appears at the wrong Election District, this is an error of the Board of Elections employee. The voter reasonably assumes that his or her vote has been correctly cast. The voter should not be disenfranchised by an error made by the Board employee.

Legislative history

2005/06 - A.6600 referred to election law 2007/08 - S.1494 referred to election law

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately.

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