What's happening
This bill requires boards of elections to count ballots if voters substantially comply with requirements or can be identified from voter registration records.
Why it matters
Reduces Ballot Disqualifications. By requiring ballots to be counted if the voter “substantially complied” with requirements, the bill aims to prevent minor or technical errors (such as small mistakes on forms) from disqualifying votes, increasing the likelihood that more voters’ intentions are honored.
Addresses Voter Identification Gaps. If a voter omits their previous address on an envelope but can still be identified through the statewide voter registration list, their ballot must be counted. This change is significant for voters who may have moved or are unsure about paperwork, reducing barriers due to incomplete information.
Enhances Fairness and Trust. The amendments shift the focus from strict technical compliance toward voter intent and eligibility, which may increase confidence in the electoral process, particularly among groups historically affected by ballot rejection for minor errors.
Potential Increase in Ballot Processing Work. Boards of elections will need to review ballots with a more flexible standard, potentially requiring more careful examination and documentation, which could impact election administration and timelines.
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Who cares
Headline styles
Count More Voter Ballots
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
History
- Substituted by A1320A
- Amended on third reading (t) 3045b
- Advanced to third reading
- Amended (t) 3045a
- 2nd report cal.
- 1st report cal.711
- Referred to elections
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 Ballots
Signed by Governor · Sponsor Kevin Cahill
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3045--B Cal. No. 711
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sens. COMRIE, GIANARIS, HOYLMAN, KENNEDY, MAYER, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the election law, in relation to canvass of ballots cast by certain voters
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 2 of section 9-209 of the election law is amended by adding two new subparagraphs (v) and (vi) to read as follows:
(v) 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 substantially complied with the requirements of this chapter.
(vi) If the board of elections finds that the statewide voter registration list supplies sufficient information to identify a voter, failure by the voter to include on the envelope the address where such voter was previously registered shall not be a fatal defect and the board shall cast and canvass such ballot.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02909-04-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to canvass of ballots cast by certain voters
Purpose
This bill provides that the Board Of Elections shall cast and canvas any affidavit ballot in an election within which a voter was entitled to vote, so long as such voter "substantially complied" with the require- ments of filling out the ballot. Furthermore, failure to include the registrants previous address shall not be a fatal defect.
Summary of provisions
This bill authorizes the Board Of Elections to cast and canvas any affi- davit ballot in an election within which a voter was entitled to vote, so long as such voter "substantially complied" with the requirements of filling out the ballot. Furthermore, failure to include the registrants previous address shall not be a fatal defect.
Justification
This bill ensures that the votes of individuals who are entitled to vote at elections-and do so via an affidavit ballot-will be cast so long as there is substantial compliance with the requirements to obtain such a ballot, like the filling out of paperwork, or the cataloguing of past addresses. Furthermore, if a voter does not fully identify the address at which they were previously registered, this cannot be considered a material defect and such vote must be cast and canvassed.
This bill is necessary because the current law is often exploited by those seeking to invalidate ballots by employing hyper-technical legal challenges to ballots in an all-too-often successful effort to deny a person their constitutional right to vote.
This language will allow the validity of the ballot to be determined based upon compliance with the language of the statute and the actions and intentions of the voter, without limiting the state's ability to protect against voter fraud.
Legislative history
Similar Bill: S 1265 COMRIE Same as A 7484 Cahill (MS).
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.