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S05984 Summary:

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S05984 Committee Votes:

S05984 Floor Votes:

S05984 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5984--A
            Cal. No. 782
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     March 24, 2023
                                       ___________
 
        Introduced  by  Sens.  KAVANAGH,  BROUK,  MAY  -- read twice and ordered
          printed, and  when  printed  to  be  committed  to  the  Committee  on
          Elections  -- reported favorably from said committee, 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 registration of voters
          during early voting
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (ii)  of  paragraph (e) of subdivision 3 of
     2  section 8-302 of the election law, as amended by chapter 113 of the laws
     3  of 2023, is amended to read as follows:
     4    (ii) They may swear to and subscribe an affidavit  stating  that  they
     5  have duly registered to vote, the address in such election district from
     6  which  they  registered, that they remain a duly qualified voter in such
     7  election district, that their registration poll  record  appears  to  be
     8  lost  or misplaced or that their name and/or their signature was omitted
     9  from the computer generated registration list or such  record  indicates
    10  the  voter already voted when they did not do so or that they have moved
    11  within New York state since they last registered, the address from which
    12  they were previously registered and the address at which they  currently
    13  reside, and at a primary election, the party in which they are enrolled,
    14  or that such voter is eligible to vote pursuant to section 8-604 of this
    15  article.    The  inspectors of election shall offer such an affidavit to
    16  each such voter whose residence address is in  such  election  district.
    17  Each  such affidavit shall be in a form prescribed by the state board of
    18  elections, shall be printed on an envelope of the size and quality  used
    19  for  an  absentee  ballot  envelope, and shall contain an acknowledgment
    20  that the affiant understands that any false statement  made  therein  is
    21  perjury  punishable  according to law. Such form prescribed by the state
    22  board of elections shall request information required to  register  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08649-03-3
        S. 5984--A                          2
 
     1  voter  should  the  county  board  determine  that such voter is not yet
     2  registered and shall constitute an application to register to vote.  The
     3  voter's  name  and  the  entries  required shall then be entered without
     4  delay and without further inquiry in the fourth section of the challenge
     5  report  or  in the place provided in the computer generated registration
     6  list, with the notation  that  the  voter  has  executed  the  affidavit
     7  hereinabove prescribed, or, if such person's name appears in such regis-
     8  tration  list,  the  board of elections may provide a place to make such
     9  entry next to their name in such list. The  voter  shall  then,  without
    10  further  inquiry,  be permitted to vote an affidavit ballot provided for
    11  by this chapter.  Such ballot shall thereupon be placed in the  envelope
    12  containing  their affidavit, and the envelope sealed and returned to the
    13  board of elections in the manner provided by this chapter for  protested
    14  official  ballots,  including a statement of the number of such ballots.
    15  If a voter registration application for a voter who casts  an  affidavit
    16  ballot  pursuant  to  this  subparagraph  was  received  by  a  board of
    17  elections by the tenth day prior to the election, the board  shall  cast
    18  and  count  an  affidavit  ballot  from  such voter, if otherwise valid,
    19  notwithstanding the fact that the voter's name was omitted from a regis-
    20  tration poll record or list of registered voters.
    21    § 2. The election law is amended by adding a new section 8-604 to read
    22  as follows:
    23    § 8-604. Registration during early voting. 1.   In addition  to  other
    24  methods  of voter registration provided under this chapter, a person who
    25  is not registered to vote in the state but  is  otherwise  qualified  to
    26  register to vote and to cast a ballot may register to vote and enroll in
    27  a  political  party  at  an early voting polling location, provided such
    28  registration is in accordance with the voter registration  deadline  set
    29  forth in subdivision three of section 5-210 of this chapter.
    30    2.  A  qualified person who is not registered to vote in the state who
    31  appears at an early voting polling place shall be offered  the  opportu-
    32  nity  to   register to vote and enroll in a political party and shall be
    33  given an affidavit ballot, provided such registration is  in  accordance
    34  with  the  voter registration deadline set forth in subdivision three of
    35  section 5-210 of this chapter.
    36    3. If such registration is deemed effective, the  board  of  elections
    37  shall  add  the person's voter registration information to the statewide
    38  electronic voter file and include the corresponding affidavit ballot  in
    39  the official canvass, if otherwise valid.
    40    4.  The  board  of elections shall conduct the receipt and handling of
    41  each voter registration  and  corresponding  ballot  in  a  manner  that
    42  protects  the secrecy of the ballot and allows the elections official to
    43  process the registration and include the  corresponding  ballot  in  the
    44  official canvass, if otherwise valid.
    45    5.  The board of elections shall advise a person completing such voter
    46  registration of the procedures for  determining  the  validity  of  such
    47  voter registration.
    48    6. The state board of elections shall promulgate rules and regulations
    49  to implement this section.
    50    §  3.  The  opening paragraph of section 9-209 of the election law, as
    51  added by chapter 763 of the laws of 2021, is amended to read as follows:
    52    Before completing the canvass of votes cast in any  primary,  general,
    53  special,  or  other  election at which voters are required to sign their
    54  registration poll records before voting, the board  of  elections  shall
    55  proceed in the manner hereinafter prescribed to review, cast and canvass
    56  any  absentee,  military, special presidential, special federal or other
        S. 5984--A                          3
 
     1  special ballots and any ballots cast in affidavit  envelopes,  including
     2  ballots  cast  by voters pursuant to section 8-604 of this chapter. Each
     3  such ballot shall be retained in the original  envelope  containing  the
     4  voter's  affidavit  and signature, in which it is delivered to the board
     5  of elections until such time as it is to be reviewed,  in  order  to  be
     6  cast and canvassed.
     7    §  4.  Subdivision 7 of section 9-209 of the election law, as added by
     8  chapter 763 of the laws of 2021, paragraph (d) as amended by chapter 661
     9  of the laws of 2022, and paragraph (h) as amended by chapter 113 of  the
    10  laws of 2023, is amended to read as follows:
    11    7. Post-election review and canvassing of affidavit ballots. (a) With-
    12  in  four  business  days  of  the election, the board of elections shall
    13  review all affidavit ballots cast in the election. If the central  board
    14  of  canvassers  determines  that  a  person was entitled to vote at such
    15  election it shall cast and  canvass  such  affidavit  ballot;  provided,
    16  however,  if the board of elections receives one or more timely absentee
    17  ballots from a voter who also cast an affidavit ballot at a  poll  site,
    18  the last such timely absentee ballot received shall be canvassed and the
    19  affidavit ballot shall be set aside unopened; and provided further, if a
    20  voter was issued an absentee ballot and votes in person via an affidavit
    21  ballot  and the board does not receive such absentee ballot, the affida-
    22  vit ballot shall be canvassed if the voter  is  otherwise  qualified  to
    23  vote in such election.
    24    (b)  Affidavit ballots are valid when cast at a polling site permitted
    25  by law by qualified voters: (i) who moved within the state after  regis-
    26  tering;  (ii)  who  are in inactive status; (iii) whose registration was
    27  incorrectly transferred to another address  even  though  they  did  not
    28  move;  (iv)  whose  registration poll records were missing on the day of
    29  such election; (v) who have not had their identity previously  verified;
    30  (vi) whose registration poll records did not show them to be enrolled in
    31  the  party  in  which they are enrolled; [and] (vii) who are incorrectly
    32  identified as having already voted; and (viii) who  have  registered  to
    33  vote pursuant to section 8-604 of this chapter.
    34    (c)  Affidavit  ballots are valid to the extent that ministerial error
    35  by the board of elections or any of its  employees  caused  such  ballot
    36  envelope not to be valid on its face.
    37    (d)  If  the  central board of canvassers determines that a person was
    38  entitled to vote at such election, the board shall cast and canvass such
    39  affidavit ballot if such board finds that the voter appeared at a  poll-
    40  ing place, in the correct county, which is designated as a polling place
    41  for the correct assembly district, regardless of the fact that the voter
    42  may  have  appeared in the incorrect election district or polling place,
    43  and regardless of whether the voter's name was in the registration  poll
    44  record; provided, however, that in the event such ballot includes one or
    45  more  offices  for  which  such  person  is not entitled to vote at such
    46  election, such ballot shall only be cast and canvassed for  the  offices
    47  for which such person is entitled to vote at such election.
    48    (e)  If the central board of canvassers finds that a voter submitted a
    49  voter registration application through the electronic voter registration
    50  transmittal system pursuant to title eight of article five of this chap-
    51  ter and signed the affidavit ballot, the board shall  cast  and  canvass
    52  such  affidavit  ballot  if  the voter is otherwise qualified to vote in
    53  such election.
    54    (f) If the central board of canvassers determines that  a  person  was
    55  entitled to vote at such election, the board shall cast and canvass such
    56  affidavit  ballot  if  such  board  finds  that  the voter substantially
        S. 5984--A                          4
 
     1  complied with the requirements of this chapter.  For  purposes  of  this
     2  paragraph,  "substantially  complied" shall mean the board can determine
     3  the voter's eligibility based on the statement of the affiant or records
     4  of the board.
     5    (g)  If the central board of canvassers finds that the statewide voter
     6  registration list supplies sufficient information to identify  a  voter,
     7  failure  by  the  voter  to include on the affidavit ballot envelope the
     8  address where such voter was previously registered shall not be a  fatal
     9  defect and the board shall cast and canvass such affidavit ballot.
    10    (h)  (i) If a voter registration application for a person was received
    11  by a board of elections by the tenth day prior to the election, an affi-
    12  davit ballot from the person shall be cast and counted if the  voter  is
    13  otherwise  qualified  to vote in such election, notwithstanding the fact
    14  that the person's name was omitted from a registration  poll  record  or
    15  list of registered voters.
    16    (ii)  If  the  central board of canvassers finds that the voter regis-
    17  tered or pre-registered to vote for the first  time  pursuant  to  title
    18  nine of article five of this chapter at least ten days before a primary,
    19  appeared at such primary election, and indicated on the affidavit ballot
    20  envelope  the intent to enroll in such party, the affidavit ballot shall
    21  be cast and canvassed if the voter is otherwise  qualified  to  vote  in
    22  such election.
    23    (i)  A voter registration submitted by a person registering to vote at
    24  an early voting polling location pursuant to section 8-604 of this chap-
    25  ter shall be processed and an affidavit ballot from such person shall be
    26  cast and canvassed if the voter is otherwise qualified to vote  in  such
    27  election,  notwithstanding  the  fact that the person's name is not on a
    28  registration poll record or list of registered voters.
    29    (j) When the central board of canvassers determines that an  affidavit
    30  ballot  is  invalid  due  to a missing signature on the affidavit ballot
    31  envelope, or because the signature on the affidavit ballot envelope does
    32  not correspond to the registration  signature,  such  ballots  shall  be
    33  subject to the cure procedure in subdivision three of this section.  The
    34  absence  of a signature on a registration poll record or computer gener-
    35  ated list of registered voters shall not provide a basis  for  rejecting
    36  affidavit ballots submitted pursuant to section 8-604 of this chapter.
    37    [(j)]  (k) At the meeting required pursuant to paragraph (a) of subdi-
    38  vision eight of this section, each candidate, political party, and inde-
    39  pendent body shall be entitled to object  to  the  board  of  elections'
    40  determination  that  an  affidavit ballot is invalid. Such ballots shall
    41  not be counted absent an order of the court. In no  event  may  a  court
    42  order a ballot that has been counted to be uncounted.
    43    [(k)]  (l)  The  board  of  elections shall enter information into the
    44  ballot tracking system, as defined in section 8-414 of this chapter,  to
    45  allow a voter who cast a ballot in an affidavit envelope to determine if
    46  the vote was counted.
    47    § 5. This act shall take effect immediately.