What's happening
This bill allows affidavit ballots to be counted if cast at any polling place in the correct county, but only for contests the voter is eligible to vote in.
Why it matters
Reduces Voter Disenfranchisement. By allowing affidavit ballots cast at any polling place within the correct county to be counted, the bill addresses situations where voters go to the wrong polling place, potentially saving otherwise valid votes from being discarded due to simple mistakes.
Ensures Ballot Integrity for Local Contests. The new rule only counts votes for contests the voter is actually eligible to participate in (such as their specific district races), which means local outcomes won’t be influenced by ballots from out-of-district voters, maintaining the integrity of district-level elections.
Streamlines Election Administration. Election boards will need to implement systems to partially count ballots—counting only those races for which the voter is eligible—potentially requiring new training and procedures, but offering a more equitable approach to handling affidavit ballots.
Responds to Real Voter Behavior. The change recognizes that confusion over polling locations is a common issue, especially with polling place changes or for voters unfamiliar with the process, and seeks to make the system more forgiving without compromising local representation.
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Who cares
Headline styles
Count More Affidavit Ballots
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to elections
- Reported and committed to finance
- Print number 3195a
- Amend and recommit to elections
- 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 Affidavit Ballots
In Assembly Committee · Election Law · Sponsor Robert C. Carroll
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3195--A
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sens. MYRIE, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -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.
LBD05525-02-9
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 counting of affidavit ballots
Purpose
To provide for the casting and counting of ballots of voters, otherwise eligible, when the voter appears at the wrong Election District but within the proper county. Provides that these votes are counted only for those races for which the voter was qualified to vote.
Summary of provisions
Amends Section 9-209 sub 2(a) by adding a new subparagraph 3 to require The Board of Elections to cast and count such ballots.
Existing law
In Panio s C. V. Sunderland et al., _NY3d,_, the Court of Appeals held that, under existing law, such ballots should not be counted.
Justification
Inspectors are required to offer an affidavit ballot when the voter appears at the proper Election District but the name cannot be found in the poll record. If the inspectors offer an affidavit ballot to a voter who appears at the wrong Election District, this is an error of the Board of Elections employee. The voter reasonably assumes that his or her vote has been correctly cast. The voter should not be disenfranchised by an error made by the Board employee.
Legislative history
2013-2014: S.420: referred to elections 2015-2016: S.2296 referred to elections
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.