What's happening
This bill allows affidavit ballots to be counted if cast at any polling place within the correct county, but only for contests the voter is eligible to vote in.
Why it matters
Increases the likelihood that votes from eligible voters who went to the wrong polling place—but within their county—will count, reducing disenfranchisement due to confusion or polling place changes.
Ensures that only the races and contests a voter is actually eligible for (based on their address and registration) are counted, which protects the integrity of district-based elections while still valuing the voter's participation.
Could reduce the administrative burden and conflict during ballot review, as boards of elections now have clearer guidance on how to partially count affidavit ballots for eligible contests, rather than rejecting them entirely.
May improve overall voter confidence and satisfaction, as more voters will see their voices reflected in at least some races, even if mistakes were made about polling place location on Election Day.
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Who cares
Headline styles
Count More Affidavit Ballots
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 44
History
- Referred to election law
- Print number 3304a
- Amend (t) and recommit to election law
- 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.
Count More Affidavit Ballots
In Senate Committee · Elections · Sponsor Zellnor Myrie
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3304--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. CARROLL, DINOWITZ, GOTTFRIED, COLTON, MOSLEY, BLAKE -- read once and referred to the Committee on Election Law -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to counting of affidavit ballots
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (iii) of paragraph (a) of subdivision 2 of section 9-209 of the election law, as amended by chapter 308 of the laws of 2011, is amended to read as follows:
(iii) If the board of elections determines that a person was entitled to vote at such election, the board shall cast and canvass such ballot if such board finds that the voter appeared at [the correct] a polling place in the correct county, regardless of the fact that the voter may have appeared in the incorrect election district; provided that such vote shall not be cast and canvassed for such contests for which the person was not entitled to vote at such election.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01502-03-9
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.