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History
- Advanced to third reading
- 2nd report cal.
- Print number 1701a
- 1st report with amendments cal.303
- Referred to elections
- 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.
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
In Assembly Committee · Election Law · Sponsor Joseph Lentol
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 by amending 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
2007/08 - S.1494 - Referred to Elections 2007/08 - A.8336 - Referred to Election Law 2005/06 - A.6600- 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.