Provides that a voter claiming to live within an election district in which the voter seeks to vote being advised by the poll clerk or election inspector of the proper polling place and election district and provides that such voter shall be permitted to vote in said election district.
STATE OF NEW YORK
________________________________________________________________________
2443--B
Cal. No. 393
2009-2010 Regular Sessions
IN SENATE
February 20, 2009
___________
Introduced by Sen. STEWART-COUSINS -- 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 -- reported favorably from said commit-
tee, ordered to first and second report, ordered to a 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 a voter claiming to
live within an election district in which the voter seeks to vote
being advised of the proper polling place and election district and
being allowed to vote in said election district
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 4-128 of the election law, as
2 amended by chapter 91 of the laws of 1992, is amended to read as
3 follows:
4 1. The board of elections of each county shall provide the requisite
5 number of official and facsimile ballots, two cards of instruction to
6 voters in the form prescribed by the state board of elections, at least
7 one copy of the instruction booklet for inspectors, a sufficient number
8 of maps, street finders or other descriptions of all of the polling
9 places and election districts within the county in which the polling
10 place is located to enable the election inspectors and poll clerks to
11 determine the correct election district and polling place for each
12 street address within the county in which the polling place is located,
13 distance markers, tally sheets and return blanks, pens, black ink, or
14 ball point pens with black ink, pencils having black lead, envelopes for
15 the ballots of voters whose registration poll records are not in the
16 ledger or whose names are not on the computer generated registration
17 list, envelopes for returns, identification buttons, badges or emblems
18 for the inspectors and clerks in the form prescribed by the state board
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01569-09-9
S. 2443--B 2
1 of elections and such other articles of stationery as may be necessary
2 for the proper conduct of elections, except that when a town, city or
3 village holds an election not conducted by the board of elections, the
4 clerk of such town, city or village, shall provide such official and
5 facsimile ballots and the necessary blanks, supplies and stationery for
6 such election.
7 § 2. The opening paragraph of section 4-132 of the election law, as
8 amended by chapter 164 of the laws of 1985, is amended and a new subdi-
9 vision d is added to read as follows:
10 [In the cities of New York and Buffalo, and cities and towns of the
11 counties of Monroe, Nassau and Suffolk, respectively, the] The board of
12 elections [and in any other city or in any other town,] or the town [or
13 city clerk], city or village clerk, when a town, city or village holds
14 an election not conducted by the board of elections, shall provide in
15 each polling place, as required, the following articles:
16 d. A sufficient number of maps, street finders or other descriptions
17 of all of the polling places and election districts within the county in
18 which the polling place is located to enable the election inspectors and
19 poll clerks to determine the correct election district and polling place
20 for each street address within the county in which the polling place is
21 located.
22 § 3. The opening paragraph of paragraph (e) of subdivision 3 of
23 section 8-302 of the election law, as amended by chapter 200 of the laws
24 of 1996, is amended to read as follows:
25 Whenever a voter presents himself or herself and offers to cast a
26 ballot, and [the address at which] he or she claims to live [is] in the
27 election district in which he or she seeks to vote but no registration
28 poll record can be found for him or her in the poll ledger or his or her
29 name does not appear on the computer generated registration list or his
30 or her signature does not appear next to his or her name on such comput-
31 er generated registration list or his or her registration poll record or
32 the computer generated registration list does not show him or her to be
33 enrolled in the party in which he or she claims to be enrolled, [he] a
34 poll clerk or election inspector shall consult a map, street finder or
35 other description of all of the polling places and election districts
36 within the county in which said election district is located and advise
37 the voter of the correct polling place and election district within the
38 county for the residence address provided by the voter to such poll
39 clerk or election inspector. Thereafter, such voter shall be permitted
40 to vote in said election district only as hereinafter provided:
41 § 4. This act shall take effect immediately.
