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A120Assembly2019-2020 SessionSame asS3133

Allow Signature Testimony in Court

Official title

“Relates to testimony related to voter's signature on a petition”

Sponsor David BuchwaldAD-93+17 co-sponsorsAffects Public Safety & Consumer Affairs
Status
Signed by Governor
Impact
3/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill allows courts to accept sworn testimony or evidence to verify petition signatures that don't match voter records.

Why it matters

  1. Makes it easier for voters whose signatures have changed (due to age, disability, or other reasons) to have their petition signatures validated, as sworn testimony or other evidence can now be considered.

  2. May reduce the number of otherwise valid petition signatures that are rejected solely because of discrepancies with signatures on file, potentially making it less difficult for candidates or issues to qualify for the ballot.

  3. Gives courts more flexibility and authority in election-related cases, allowing them to consider broader evidence instead of relying only on the signature comparison by election officials.

  4. Could increase trust in the petition process for voters who worry that technicalities might disenfranchise them, while also creating new avenues for legal challenges or disputes over signature authenticity.

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Who cares

  • Candidates using designating petitions

    The bill would allow courts to receive sworn testimony or other admissible evidence to authenticate signatures that would otherwise be invalidated for not matching board of elections records.

  • Voters signing designating petitions

    Evidence of authenticity could help preserve their signatures when those signatures do not match the signatures on file.

  • Election lawyers and petition challengers

    The bill would expressly permit evidence beyond signature comparisons in court disputes over the authenticity of petition signatures.

Headline styles

Allow Signature Testimony in Court

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Buchwald

Assembly Member · Assembly District 93

History

  1. Signed chap.533
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 42–20
  5. 3rd reading cal.1538
  6. Substituted for S3133
  7. Referred to rules
  8. Delivered to senate
  9. Passed assembly
  10. Ordered to third reading rules cal.312
  11. Rules report cal.312
  12. Reported
Show 2 earlier actions
  1. Reported referred to rules
  2. Referred to election law

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.

S3133Senate

Allow Testimony on Petition Signatures

Senate Floor Calendar · Sponsor Zellnor Myrie

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

120

2019-2020 Regular Sessions

IN ASSEMBLY (Prefiled)

January 9, 2019

Introduced by M. of A. BUCHWALD, ORTIZ, SANTABARBARA, D'URSO, ZEBROWSKI, NIOU, VANEL, JEAN-PIERRE, GALEF, SEAWRIGHT, BLAKE, GUNTHER, RIVERA, LAWRENCE, CAHILL, DAVILA, CARROLL -- Multi-Sponsored by -- M. of A. COOK, LUPARDO, THIELE -- read once and referred to the Committee on Election Law

AN ACT to amend the election law, in relation to testimony related to voter's signature on a petition

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 5 of section 6-134 of the election law, as added by chapter 709 of the laws of 1996, is amended to read as follows:

5. The use of titles, initials or customary abbreviations of given names by the signers of, or witnesses to, designating petitions or the use of customary abbreviations of addresses of such signers or witnesses, shall not invalidate such signatures or witness statement provided that the identity of the signer or witness as a registered voter can be established by reference to the signature on the petition and that of a person whose name appears in the registration poll ledgers, provided, however, nothing in this section shall prevent a court from receiving sworn testimony or other admissible evidence as to the authenticity of a signature when such signature would otherwise be invalidated for not matching the signature on file with the board of elections.

§ 2. This act shall take effect on the fifteenth of December next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00937-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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