BILL NUMBER: S3233A
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the election law, in relation to providing protections
against illegal voter purging
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to enhance the ability of every qualified
New Yorker to exercise his or her fundamental right to vote by bolster-
ing voter protections when challenges to voter qualification are made by
non-election officials.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 4 to section 4-117 of the Election Law
to provide that any person, other than an election officer, who mails or
causes to be mailed, between August 1st and December 31 of any calendar
year, any first class non forwardable mail, where such person knows'or
reasonably should know that such non forwardable mail:
(a) is intended to be delivered to a registered voter; and (b) may be
used by a challenger, other than an election officer, on election day to
challenge the qualifications of a voter, shall file with the board of
elections within 2 business days a duplicate copy of the non forwardable
mail, a duplicate copy of the names and addresses to which such mail was
sent and a completed form as prescribed by the board of elections. Fail-
ure to comply with the requirements of this newly added subdivision is
made punishable as a misdemeanor.
Section 2 amends section 8-502 of the Election Law to require any
person, other than an election inspector, who challenges the qualifica-
tions of a voter to complete, execute and deliver to the board of
inspectors a challenge affidavit that satisfies the requirements of
section 8-503 of the Election Law.
Section 3 adds a new section 8-503 to the Election Law to: (a) require
NYS BOE to prescribe the form and content of an election day challenge
affidavit for use at any election and make the forms available to all
qualified voters, and (b) establish the procedures to be followed by a
person completing a challenge affidavit and by the election inspector
administering the oath/affirmation required by that section.
Section 4 amends 8-504 of the Election Law to prescribe the questions
and preliminary oath given to voters whose qualifications are chal-
lenged. Section 5 amends section 8-504 of the Election Law by adding a
new section 9 to provide that information concerning the individual's
citizenship status collected during the challenging process should not
be retained, used or shared for any other purpose except for voting
qualification purposes.
Section 6 amends paragraphs (b) and (e) of subdivision 2,of section
B-508 of the Election law to require the challenge report to include, in
addition to the name and address of the voter challenged, the name and
address of the person who challenged such voter, if such person is not
an election inspector, and to include in the Certification for the
report the reason for such challenge and the name of all challengers who
are not inspectors or clerks.
Section 7 amends subdivision 3 of section 8-510 of the Election Law to
require that each challenge affidavit be secured with the challenge
report.
Section 8 amends subdivisions 1 and 2 of section 17-108 of the Election
Law to add challenge reports and challenge affidavits to the list of
items in that section that, if willfully lost, altered, destroyed or
mutilated by any person, or a false statement in made in connection
with, constitutes a misdemeanor.
Section 9 sets forth the effective date.
 
JUSTIFICATION:
It is essential that challenges to voter eligibility protect against
improper discriminatory allegations made solely to disenfranchise or
intimidate voters. Such improper challenges have frequently targeted
voters of color, student voters, and voters with disabilities. It is
imperative that steps are taken to help ensure that qualified voters are
not subjected to such challenges at the polling place or prevented from
exercising their fundamental right to vote.
This bill will require that adequate protections are in place to help
ensure that such allegations are not made without proper proof and
documentation.
Such protections include requiring any person, other than an election
inspector, who challenges the qualifications of a voter at an election
to complete, execute and deliver to the board of inspectors a "challenge
affidavit" that includes specific identifying information about the
affiant (e g., name, residence and business address and employer) as
well as a recital of the reasons and facts supporting the affiant's
belief that the challenged voter lacks one or more of the legal quali-
fications for voting. The bill would also add making a false statement
on the challenge affidavit, or destroying a challenge report or chal-
lenge affidavit to the list of items that constitute a misdemeanor.
These provisions will bolster protections for qualified voters to ensure
their fundamental right to vote is preserved.
 
PRIOR EGISLATIVE HISTORY:
2024: S2987 (Kavanagh) election law-REFERRED TO ELECTIONS /A290 (Walker)
- referred to
2023: S2987 (Kavanagh) election law-REFERRED TO ELECTIONS /A290 (Walker)
- referred to
2022: S2955 (Kavanagh) election law-REFERRED TO ELECTIONS /A4264 (Walk-
er) - referred to
2021: S2955 (Kavanagh) election law-REFERRED TO ELECTIONS /A4264 (Walk-
er) - referred to
2020: S2310B (Kavanagh) - REFERRED TO ELECTIONS /A3334C (Walker) -
referred to election law
2019: S2301E (Kavanagh) - COMMITTED TO RULES /A3334C (Walker) - referred
to election law
2018: S9654 (Kavanagh) - REFERRED TO ELECTIONS /A6587 (Walker) -
referred to election law
2017: A6587 (Walker) - referred to election law
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

Statutes affected:
S3233: 4-117 election law, 8-502 election law, 8-504 election law, 8-504(2) election law, 8-510 election law, 8-510(3) election law
S3233A: 4-117 election law, 8-502 election law, 8-504 election law, 8-504(2) election law, 8-510 election law, 8-510(3) election law