Makes technical corrections with regards to political subdivisions and election districts

Section two amends subdivision d of section 4-132 of the election law, as amended by chapter 489 of the laws of 2009, and changes the word "county" to "political subdivision."

Section three amends the opening paragraph of paragraph (e) of subdivision 3 of section 8-302 of the election law, as amended by chapter 489 of the laws of 2009, by changing the word "county" to "political subdivision." Section three also provides that in the event that a voter attempts to cast a ballot, claiming to live in the election district in which he or she seeks to vote, and such voter's name does not appear on any of the specified registration records or lists, a poll clerk or election inspector is to, if necessary, contact the board of elections to obtain the relevant information in order to advice such voter of his or her correct voting place.

Section four defines the effective date as immediately.

Justification

Chapter 489 of the laws of 2009 requires polling places to be equipped with a sufficient number of maps, street finders and other descriptions of polling places and election districts within the county in which the polling place is located and requires a poll clerk or election inspector to consult a map, street finder or other description of all of the polling places and election districts within the county in which such election district is located in order to ensure that a voter votes in the correct election district and polling place so that his or her vote will be counted. This bill would amend the Chapter by changing the word "county" to "political subdivision."

The 2009 legislation that this bill seeks to amend arose out of the 2004 election for the 35th State Senatorial District that was ultimately decided by 18 votes. After months of litigation, the race came down to the validity of certain affidavit ballots from duly registered voters. In Matter of Panio v. Sunderland, 4 N.Y.3d 123, 791 N.Y.S.2d 57 (2005), the Court of Appeals held that the 163 affidavit ballots cast by voters at the correct polling site but wrong election district should be counted but the 457 affidavit ballots cast by voters who had gone to the wrong polling site (and wrong election district) should be rejected.

The Court reasoned that casting an affidavit ballot at the correct polling site but wrong election district was the result of ministerial error on the part of a poll worker in failing to direct the voter to the correct table and that therefore those 163 affidavit ballots should be counted. In rejecting 457 affidavit ballots cast at wrong polling sites, the Court found that the voters' error of going to wrong polling sites cannot be attributed to the ministerial error of election workers. Thus, 457 voters were disenfranchised and the outcome of a very close election was affected because poll workers did not direct them to the proper polling site.

Thus, the purpose and goal of the 2009 legislation was to ensure that voters who vote by affidavit ballot have a realistic chance to exercise the franchise and have their votes counted. The legislation required that each polling site be supplied with countywide maps or street finders and required that election inspectors and poll clerks consult the countywide maps or street finders to determine and advise the voter of his or her correct election district and polling place.

Although the intent and goal of the original legislation remain intact, i.e., that voters cast their ballots in the proper election district and polling place so that their votes are counted, it has become clear that requiring maps or street finders for the entire county at every polling site is expensive and unnecessary. Although voters sometimes need help locating the correct election district or polling place for their address, they know the political subdivision, i.e., the city, town or village, where they reside and vote. The voter may go to the wrong polling place within his or her town or city but is unlikely to go to a polling place in the wrong town or wrong city. Likewise, in a village election, a voter may go to the wrong polling place within his or her village but is unlikely to go to a polling place outside the village. As long as poll workers have maps and street finders for the city, town, or village where the voter resides, the voter will be directed to the proper election district and polling place.

By changing the law to require that poll workers' be provided with maps and street finders that cover the political subdivision in which the polling place is located, rather than the entire county, the law will be equally effective but far less expensive to implement.

Prior legislative history

This is a new bill.

Fiscal implication

None to the state.

Effective date

Immediately.