Requires the counting of an affidavit ballot of an eligible voter if such voter appeared at a polling place in the correct county but in the incorrect election district; provides that such vote shall not be cast and canvassed for such contests for which the person was not entitled to vote at such election.
STATE OF NEW YORK
________________________________________________________________________
642--C
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. CARROLL, COLTON, DINOWITZ, GOTTFRIED, GALEF,
PAULIN, LUPARDO, REYES, SEAWRIGHT, D. ROSENTHAL, SILLITTI, GALLAGHER,
GONZALEZ-ROJAS, SIMON, FRONTUS, ENGLEBRIGHT, LUNSFORD, SOLAGES,
CAHILL, CRUZ, SAYEGH, JACKSON, FERNANDEZ, JEAN-PIERRE, ROZIC, TAYLOR,
JACOBSON, MAMDANI, EPSTEIN, ZINERMAN, OTIS, L. ROSENTHAL, THIELE,
QUART, NIOU, ANDERSON, BURGOS, DAVILA, STIRPE, FAHY, ABINANTI, KELLES,
TAPIA, GIBBS, FORREST, DE LOS SANTOS, GLICK, KIM, DICKENS,
J. D. RIVERA, BURDICK, MEEKS, WALKER, CUNNINGHAM, HYNDMAN, BARRETT,
AUBRY -- read once and referred to the Committee on Election Law --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on
Election Law in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, 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 Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 7 of section 9-209 of the
2 election law, as added by chapter 763 of the laws of 2021, is amended to
3 read as follows:
4 (d) If the central board of canvassers determines that a person was
5 entitled to vote at such election, the board shall cast and canvass such
6 affidavit ballot if such board finds that the voter appeared at [the
7 correct] a polling place, in the correct county, which is designated as
8 a polling place for the correct assembly district, regardless of the
9 fact that the voter may have appeared in the incorrect election district
10 or polling place, and regardless of whether the voter's name was in the
11 registration poll record; provided, however, that in the event such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02357-06-2
A. 642--C 2
1 ballot includes one or more offices for which such person is not enti-
2 tled to vote at such election, such ballot shall only be cast and
3 canvassed for the offices for which such person is entitled to vote at
4 such election.
5 § 2. This act shall take effect January 1, 2023.
