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S1325Senate2011-2012 Session

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

Status
In Senate Committee
Elections
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Elections

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Sponsors

History

  1. Print number 1325a
  2. Amend and recommit to elections
  3. Referred to elections
  4. Referred to elections

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S1325A

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(a) by adding a new 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

2009-10: S.1701/A.6971A - Advanced to Third Reading 2007-08: S.1494 - Referred to Elections 2007-08: A.8336 - Referred to Elections 2005-06: A.6600 - Referred to Elections

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.