STATE OF NEW YORK
________________________________________________________________________
8998
IN SENATE
September 23, 2020
___________
Introduced by Sen. FUNKE -- 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 removal of a voter from
voting rolls due to death
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 5-714
2 to read as follows:
3 § 5-714. Death of a registered voter. 1. Pursuant to paragraph (e) of
4 subdivision one of section 5-400 of this article, death shall result in
5 the cancellation of a voter's registration. In order to ensure that the
6 name of a voter is removed from the registration roll upon death, the
7 New York State Board of Elections shall review the social security
8 administration death master file on an annual basis, prior to July first
9 of each calendar year. Notification shall be sent to the appropriate
10 local board of elections by July thirtieth of each calendar year, and
11 the local board of elections shall immediately remove the names of all
12 deceased voters from the registration roll.
13 2. In the event that an individual claims that their name was erro-
14 neously removed from the roll, they shall be entitled to cast a vote
15 through an affidavit ballot in the same manner as a voter who is deemed
16 to be inactive. Upon this event, the board of elections shall commence
17 an inquiry to determine whether the name of the voter has in fact been
18 removed from the registration roll due to an error. In the event that an
19 error is found, the affidavit ballot shall be counted and the individ-
20 ual's name shall be reinstated on the registration roll.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17214-01-0
