Authorizes the use of titles, initials or abbreviations of names as signatures on absentee ballots

Title of bill

An act to amend the election law, in relation to use of certain titles, initials or abbreviations of names as signatures on absentee ballots

Purpose or general idea of bill

To amend the election law so as to allow registered voters to validly sign their name in the same manner currently allowed on designating petitions.

Summary of specific provisions

Section one amends section 8-400 of the election law by renumbering the current subdivisions 6, 7, 8 and 9 and adding a new subdivision 6 which provides that use of titles, initials or customary abbreviations of the given names of a signer or witness to an absentee ballot request letter, absentee ballot application or an absentee ballot envelope shall not invalidate such signatures or witness statement provided that the identity of the signer or witness can be established by reference to the signature on the absentee ballot request letter, the absentee ballot application form or the absentee ballot envelope and that of a person whose name appears in the registration poll ledgers.

Section two amends section 8-506 of the election law, as amended by chapter 8 of the laws of 1978, by adding that the permissive use of titles, initials or customary abbreviations of given names does not effect the validity of the signature on the ballot envelope with regard to the signature corresponding to the signature on the registration poll record.

Section three establishes the effective date as the first of January after the date upon which this bill shall have become law.

Justification

It is common for people to sign their own name in different ways, i.e., with or without a middle initial. Currently, election law allows the use of titles, initials or customary abbreviations of given names by signers of, or witnesses to, a petition that designates a candidate for nomination to public office. As long as the identity of the signer or witness may be established by reference to the signature on the petition and to that of a person whose name appears on the registration poll ledgers a signature is valid. Customary abbreviations of addresses are, similarly, allowed and will not invalidate a signature on a petition. Therefore, allowing the use of titles, initials or customary abbreviations on an absentee ballot request letter, absentee ballot application form or absentee ballot envelope should be permitted and should not invalidate an absentee ballot if the identity of the signer or witness may be established by, similarly, referencing the signature on the request letter, application form or ballot and to that of a person whose name appears on the registration poll ledgers. The same standard used for signatures on petitions should apply to absentee ballots where a sworn statement must accompany the absentee ballot request letter. Additionally, a challenge to a voter shall be allowed if the identity of the voter or witness can not be established by reference to any signature on the registration poll record, notwithstanding the permissive use of titles, initials or customary abbreviations of given names.

Prior legislative history

A.1016, 2008 and 2007 advanced to third reading. A.10902-A, 2006 passed assembly. Same as A.7656-B, 2006 referred to elections committee. FISCAL IMPLICATION : None.

Effective date

On the first of January next succeeding the date upon which it shall have become a law.