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S3133Senate2019-2020 SessionSame asA120

Allow Testimony on Petition Signatures

Official title

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

Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A120

What's happening

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

Why it matters

  1. Reduces risk of wrongful disqualification. By allowing courts to consider sworn testimony or other evidence, the bill helps ensure that valid petition signatures aren't rejected solely due to signature mismatches, which can happen because of age, disability, or simple variation in handwriting.

  2. Increases access and fairness. This change especially benefits voters whose signatures may have changed over time or who struggle to maintain a consistent signature, such as elderly voters or those with certain disabilities, making the petition process more inclusive.

  3. Strengthens the integrity of petition challenges. The bill offers a more robust process for verifying the authenticity of signatures, potentially reducing frivolous challenges and ensuring that only truly invalid signatures are removed from petitions.

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Who cares

Headline styles

Allow Testimony on Petition Signatures

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

Sponsors

Primary sponsor
Zellnor Myrie

Senator · Senate District 20

Chair, Elections

1 Co-sponsor

History

  1. Substituted by A120
  2. Ordered to third reading cal.1538
  3. Committee discharged and committed to rules
  4. 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.

A120Assembly

Allow Signature Testimony in Court

Signed by Governor · Sponsor David Buchwald

Impact 3 · LowSigned into law

Full text

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

STATE OF NEW YORK

3133

2019-2020 Regular Sessions

IN SENATE

February 4, 2019

Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Elections

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.

Sponsor's memo

Title of bill

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

Purpose

To ensure voters participation in the electoral process by recognizing that a voter's signature may often not be identical.

Summary of provisions

This bill amends section 6-134 of the election law to provide that a court may receive sworn testimony from a signer of a designating peti- tion as to the authenticity of his or her own signature.

Justification

Signatures often are not made identically by the same person each and every time. This bill acknowledges this fact, and helps establish that neither a voter's participation in the political process nor a candi- date's access to the ballot should be jeopardized due to such a vari- ation. The bill clarifies that a court may take testimony from a voter about the authenticity of his or her own signature.

Legislative history

2018: A.9921A (Buchwald) - Passed Assembly 138 to 0

Fiscal implications

None

Effects on fines, terms of imprisonment and other penal sanctions

None

Effective date

This act shall take effect on the fifteenth day of December after it shall become law.

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