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Who cares
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Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to elections
Companion bills
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.
Requires the counting of an affidavit ballot of an eligible voter if the voter appeared at the correct polling place but in the incorrect election district
Signed by Governor · Sponsor Martin Malavé Dilan
Requires the counting of an affidavit ballot of an eligible voter if the voter appeared at the correct polling place but in the incorrect election district
Assembly Floor Calendar · Sponsor Vito Lopez
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 require the counting of ballots when the voter appears at the correct polling place but wrong election district.
Summary of provisions
Amends Section 9-209 sub 2(a), by adding a new subparagraph 3.
Existing law
Section 9-209 sub 2(a)(2) provides that ballots should be counted if there was an ministerial error by the board.
Justification
In Panio & C.V. Sunderland et al., NY3d,, the Court of Appeals held that "we can reasonably infer that casting an affidavit ballot at the correct polling place but the wrong election district is the result of ministerial error on the part of the poll worker in failing to direct the voter to the correct table, and instead providing the voter with an affidavit ballot without first verifying such voter's right to vote in the election district (Election Law 8-302 1)".
This bill merely codifies the Court of Appeals decision.
Legislative history
2005/06 - A.6139 Referred to election law 2007/2008 - S.1503 - Referred to the election law committee
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.