Provides that an affidavit ballot shall also constitute an application to register to vote

Title of bill

An act to amend the election law, in relation to requests for affidavit ballots including application for registration and enrollment

Purpose

This bill would provide for a dual affidavit ballot/registration and enrollment form.

Summary of provisions

Section 1 of the bill would amend Election Law § 5-210 (5) to provide that an affidavit ballot envelope be designed to serve as an application for registration and enrollment.

Section 2 of the bill would amend Election Law § 5-304 (4) to provide that if a prospective voter who completes the affidavit is determined by the Board of Elections not to be registered or enrolled as the voter claims, that the voter shall be registered or have his enrollment changed pursuant to the information on the affidavit envelope.

Section 3 of the bill would amend Election Law § 5-403 to provide that even if the voter is not qualified to vote at the time the affidavit ballot is cast, the local board of elections shall process the registration application in the same manner as other applications.

Section 4 of the bill would amend Election Law § 8-302 (3) (e) (ii) to require that the local board consider the registration application on the affidavit ballot as an application to register to vote.

Section 5 of the bill would provide that it take effect immediately.

Existing law

If a person who votes by affidavit ballot is deemed not to be eligible to vote, the local board of elections must notify the voter that his or her vote did not count and provide the voter with the appropriate information on the times and places where he or she may register, re-register, enroll, or change or correct his or her enrollment.

Statement in support

Affidavit ballots are cast by those persons who present themselves at a polling place on election day to vote but whose names are not found in the poll books provided at the polling place or, in the case of a primary election, who are not listed as being enrolled in the party in which they claim to be enrolled. An affidavit voter signs a sworn statement attesting to the voter's status as a duly registered voter qualified to vote in that election district and they cast his or her vote by affidavit ballot. Once the affidavit ballot is cast, the board of elections checks its records to determine if the voter is registered and the affidavit ballot should be counted. If the person is not duly registered or, in the case of a primary election, not enrolled in the party in which he claimed to be enrolled, the affidavit ballot is not counted.

Current election law requires that affidavit voters whose ballot was not counted because they were not registered or, in the case of a primary election, not enrolled in the party in whose primary the voters sought to vote, be sent a notice informing them that their ballot had been rejected and the reason for such rejection. Where appropriate, the board of elections mails the voter an application for registration or change of enrollment. This bill makes the process simpler by requiring the board of elections to register the voter or change the voter's party enrollment based on the information contained in the affidavit ballot form.

Budget implications

There would be some small savings in postage for local boards of election.

Effective date

This act would take effect immediately.