What's happening
This bill clarifies that a ballot is valid if a voter's eligibility can be determined from their affidavit or board records.
Why it matters
Reduces ambiguity in ballot acceptance. By specifying that a voter's eligibility can be established from either their affidavit or board records, this bill may help prevent ballots from being rejected due to minor technical errors or missing information, as long as core eligibility can be verified.
Protects voters from disenfranchisement. The amendment aims to safeguard votes from eligible individuals who may have made honest mistakes on their paperwork, ensuring that more legitimate votes are counted.
Clarifies local board responsibilities. The bill gives clearer direction to boards of elections, reducing confusion over what constitutes "substantial compliance" and potentially leading to more consistent practices statewide.
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Who cares
Headline styles
Count More Voters' Ballots
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Ordered to third reading cal.437
- Substituted for A9007
- Referred to election law
- Delivered to assembly
- Passed senateVote 39–20
- Ordered to third reading cal.102
- Referred to rules
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.
Clarify Ballot Eligibility Rules
Assembly Floor Calendar · Sponsor Kevin Cahill
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7178
IN SENATE
January 10, 2020
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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. Subparagraph (v) of paragraph (a) of subdivision 2 of section 9-209 of the election law, as added by a chapter of the laws of 2019 amending the election law relating to canvass of ballots cast by certain voters, as proposed in legislative bills numbers S. 3045-B and A. 1320-A, is amended 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. For purposes of this subparagraph, substantially complied shall mean the board can determine the voter's eligibility based on the statement of the affiant or records of the board.
§ 2. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the election law relating to canvass of ballots cast by certain voters, as proposed in legislative bills numbers S. 3045-B and A. 1320-A, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02909-06-0
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 is a Chapter Amendment that makes changes to provisions of L.2019, Ch.717.
Summary of provisions
This legislation amends the underlying chapter by defining the term "substantially complied" in the statute. The definition provided is "the board can determine the voter's eligibility based on the statement of the affiant or records of the board."
Justification
The underlying chapter sought to discourage the practice of utilizing technical legal challenges to affidavit ballots cast by qualified voters. This chapter amendment is intended to give clearer guidance to boards of elections.
Legislative history
Chapter amendment to Chapter 717 of the Laws of 2019.
Fiscal implications
None.
Effective date
This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the election law relating to canvass of ballots cast by certain voters, as proposed in legislative bills numbers S. 3045-B and A. 1320-A, takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.