BIAGGI, BROUK, GOUNARDES, JACKSON, LIU, MAY, REICHLIN-MELNICK, SALAZAR
MLTSPNSR
Amd §9-209, El L
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
________________________________________________________________________
284--C
Cal. No. 2
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sens. MYRIE, BIAGGI, BROUK, GOUNARDES, JACKSON, LIU, MAY,
REICHLIN-MELNICK, 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 -- recommitted to the Committee on Elections in
accordance with Senate Rule 6, sec. 8 -- reported favorably from said
committee and committed to the Committee on Rules -- reported favora-
bly from said committee, ordered to a third reading, passed by Senate
and delivered to the Assembly, recalled, vote reconsidered, restored
to third reading, amended and ordered reprinted, retaining its place
in the order of third reading -- repassed by Senate and delivered to
the Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
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
12 ballot includes one or more offices for which such person is not enti-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02357-07-2
S. 284--C 2
1 tled to vote at such election, such ballot shall only be cast and
2 canvassed for the offices for which such person is entitled to vote at
3 such election.
4 § 2. This act shall take effect January 1, 2023.
