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S1554Senate2009-2010 SessionSame asA4962

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

Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

History

  1. Signed chap.248
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.235
  6. Substituted for A4962
  7. Referred to election law
  8. Delivered to assembly
  9. Passed senateVote 32–26
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.37
Show 1 earlier action
  1. Referred to elections

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.

A4962Assembly

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 a 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

2007/08 - S.1503 Referred to Elections 2007/08 - A.6767 Advanced to Third Reading 2005/06 - A.6139 Referred to Elections

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.