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S6908Senate2009-2010 SessionSame asA10390

Relates to write-in votes on election ballots

Status
In Assembly Committee
Election Law
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Election Law

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Sponsors

Primary sponsor
Joseph P. Addabbo Jr.

Senator · Senate District 15

History

  1. Referred to election law
  2. Delivered to assembly
  3. Passed senateVote 59–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.234
  7. 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.

A10390Assembly

Relates to write-in votes on election ballots

In Assembly Committee · Election Law · Sponsor Brian Kavanagh

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 write-in votes

Purpose

The bill clarifies the instructions for casting write-in votes.

Summary of provisions

Section 1: Amends Election Law section 7-106, paragraph 3 of subdivision 5 to provide that to vote for a candidate whose name does not appear on the ballot the voter should enter it in the space labeled "write in", which appears at the end of the column or row under the title of the office.

Section 2: Amends Election Law section 7-122, subparagraph 3 of paragraph (d) of subdivision 1, to provide that a person can vote for candidate whose name is not on the ballot by entering the candidate's name in the appropriate space labeled "write-in", which may be at the bottom of a column or row for that office.

Section 3: Amends Election Law section 7-122, subparagraphs 1 and 3 of paragraph (e) of subdivision 2, to respectively provide that the ballot should only be marked with the writing utensils provided and a write in candidate's name should be entered in the space labeled "write in" in the row or column for that office.

Section 4: Provides for the Act to take effect immediately.

Existing law

Under current law, the amended sections currently state that the name of a candidate whose is not on the ballot should be written on a blank line or space under the names of the candidates for an office or at the end of the column for such office, and that the ballot should only be marked with the pencil provided.

Justification

The current law is both too restrictive in its description of the writing instruments to be provided with the ballot, and too vague and even contradictory with respect to where to write in the name of a candidate who does not appear in the line or column for an office. This lack of clarity has resulted in voters casting their write-in votes in unauthorized areas of the ballot. The changes in the statutory language clarify where the write-in vote should he entered to ensure that the vote is accurately cast.

This legislation was requested by the State Board of Elections in its 2010 Election Law Proposals.

Legislative history

None.

Fiscal implications

None.

Local fiscal implications

None. EFFECTIVE DATE : This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.