What's happening
The bill allows ballots to be counted for the correct election district even if a voter appeared at the wrong polling place within their county.
Why it matters
Prevents Disenfranchisement Due to Polling Place Confusion. By ensuring that votes for the correct election district are still counted even if cast at the wrong polling place within the same county, the bill addresses a common reason ballots are disqualified—helping ensure eligible voters are not penalized for honest mistakes.
Maximizes Voter Impact. Voters who accidentally go to the wrong location will still have their votes for countywide and districtwide offices counted, making sure their voices are heard on issues and races relevant to their actual residence.
Promotes Fairness and Confidence in the System. The change helps reduce the number of rejected ballots, which can improve public trust in the election process and demonstrate a commitment to prioritizing voter intent over technical errors.
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Who cares
Headline styles
Count More Absentee Ballots
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5847
2019-2020 Regular Sessions
IN SENATE
May 15, 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 proceedings with respect to the canvass of absentee, military and special ballots and ballots cast by voters with registration records missing on days of election or voters who have not had their identity previously verified or who have moved after registering
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 a new subparagraph (v) 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 portions of the ballot that correspond to the voter's election district if such board finds that the voter appeared in the correct county, regardless of the fact that the voter may have appeared in the incorrect polling place and election district.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01502-02-9
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 proceedings with respect to the canvass of absentee, military and special ballots and ballots cast by voters with registration records missing on days of election or voters who have not had their identity previously verified or who have moved after registering
Purpose
New York Election Law § 9-209(2)(E) allows a ballot to be cast and canvassed where a person was entitled to vote, but either the ballot envelope was invalid on its face due to ministerial error by the board of elections, or where the voter appeared at the correct polling place, but in the incorrect election district. This bill would allow a ballot to be cast and canvassed a when a voter appears in the correct county, but in the incorrect polling place and election district.
Summary of provisions
Section 1 of the bill adds a new § 9-209(2)(E)(iv) of the election law to specify that the board shall cast and canvass such portions of the ballot that correspond to the voter's election district if the voter appeared in the correct county, regardless of the fact that the voter may have appeared in the incorrect polling place and election district.
Section 2 of the bill is the effective date.
Justification
This bill would remedy a situation where a voter is disenfranchised for inadvertently appearing to vote in the wrong polling place, but in the correct county. There are many instances when a voter can inadvertently go to the wrong polling place. For instance, when a polling place has recently changed, under construction, or when a voter is given incorrect information as to where they are supposed to vote. While a voter that appears in the wrong election district would have his or her ballot cast and canvassed, a voter appearing in the wrong polling place would not.
While currently treated differently under the law, to cast and canvass ballots for each of these circumstances is the same in practice and substance, and only those portions of the ballot that correspond with the voter's election district would be counted. Disenfranchising voters is a harsh result and this bill would ensure that a voter's ballot is counted to the maximum extent possible under such circumstances.
Legislative history
A.8244 of 2017-18
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.