Makes technical corrections to provisions of law pertaining to the qualification and cancellation of voter registration; and the investigation surrounding such issue

Summary of provisions

Section one amends section 5-702 of the election law by deleting the provision requiring the police to conduct investigations and replacing it with employees of the state or local board of elections. It also requires an investigation be completed within seven days of being instituted.

Section two amends section 5-220 of the election law by adding the words, "under penalty of perjury" to the challenge affidavit a challenger is required to swear to. The bill also entitles a voter to notice and a hearing, if, at the conclusion of an investigation it is determined their registration should be cancelled.

Subdivision two of section 5-220 is also deleted, which requires voters, to be challenged at the polls in the event a challenge was filed before the election and the investigation is not completed before polls open.

Section three directs the State Board of Elections to promulgate rules and regulations governing the notice and hearing requirements set forth in section two.

Section four is the enactment date.

Existing law

Current law requires the police, upon challenge to a voter's registration to conduct said investigation. In addition, a person challenging a voter's registration is not required to affirm their knowledge under penalty of perjury. Finally, any voter who is subject to having their registration cancelled pursuant to a challenge is not entitled to a hearing on the issue.

Justification

Many times there are legitimate challenges to a voter's registration (i.e. residency, age, whether. they are living, felony conviction etc...) that require further research by election officials in order to determine whether or not they have a legitimate right to exercise the franchise. While the law currently spells out a process for instituting challenges to a voter's registrations, many of the key protections one would expect to see are surprisingly absent. This bill would seek to remedy such deficiencies through the following amendments.

The bill makes the process for challenging registrations less intimidating. Under the current law once a registration is challenged the police are instructed to conduct a full blown investigation, including going to the home of the voter and interviewing them. This requirement, while it may be necessary can be seen as intimidating for many voters. As such, use of the police has been eliminated, and instead board of election employees will conduct the research, including any field investigation.

The bill attempts to add some additional rights to those who are challenged by requiring investigations be completed within seven days of institution and entitling those who are challenged to notice of the board's determination and a hearing. Under current law there is no timeframe in which an investigation is to be completed and a voter is not entitled to a hearing on said determination.

Section 5-220(2) is also deleted, which requires a voter to be challenged at the polls in the event the investigation is not completed prior to the election. Under that section of law, hypothetically hundreds of voters could be challenged days before an election and placed on a challenge list without even knowing it and before an investigation is even under way. Such a challenge is patently unfair, especially given the fact a voter may not even know they are subject to a challenge. Just as one is presumed innocent before trial, a person's right to vote should not be impeded until an investigation is completed and they are given an opportunity to answer the findings of the board.

Finally, this legislation requires any person who challenges a voter's registration under section 5-220(1) to swear or affirm under penalty of perjury that what they are stating is true to the best of their knowledge. Currently, and despite the fact that the challenger must set forth this information in the form of an affidavit, no penalty of perjury is set forth in the statute. This legislation would add such language, curtailing the possibility of widespread, frivolous challenges by subjecting the affiant to the penalties of perjury.

Legislative history

2007-08: S.3933 - Died - Elections Committee 2009-10: S.5398 - Died - Elections Committee

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.