New York A 4095: Relates to the administration of challenge oaths to voter applicants

Bill Text

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A04095 Summary:

BILL NOA04095 

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SAME ASNo Same As

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SPONSORSolages

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COSPNSRJacobson, Carroll R, Simone, Kassay, Shrestha

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MLTSPNSR

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Amd §§8-502 & 8-504, El L

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Requires persons administering challenge oaths to voter applicants to attest that the challenge is being made in good faith and to provide certain identifying information; requires challenge oaths to be presented to a challenged voter applicant in writing.

Go to top A04095 Actions:

BILL NOA04095 

&nbsp

01/31/2025referred to election law

01/07/2026referred to election law

Go to topA04095 Committee&nbspVotes:

Go to topA04095 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04095 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4095

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. SOLAGES, JACOBSON, R. CARROLL -- read once and
 referred to the Committee on Election Law

 AN ACT to amend to the election law, in relation to the administration
 of challenge oaths to voter applicants

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 8-502 of the election law, as amended by chapter
 2 481 of the laws of 2023, is amended to read as follows:
 3 § 8-502. Challenges; generally. 1. Before [his] their vote is cast at
 4 an election any person may be challenged as to [his] their right to
 5 vote, or [his] their right to vote by early mail, absentee, military,
 6 special federal or special presidential ballot. Such challenge may be
 7 made by an inspector or clerk, by any duly appointed watcher, or by any
 8 registered voter properly in the polling place. An inspector shall chal-
 9 lenge every person offering to vote, whom [he] the inspector shall know
 10 or suspect is not entitled to vote in the district, and every person
 11 whose name appears on the list of persons to be challenged on election
 12 day which is furnished by the board of elections.
 13 2. Prior to making a challenge to a voter as provided in this section,
 14 the person challenging the voter's right to vote shall:
 15 (a) take a verbal oath in the presence of an inspector, clerk or duly
 16 appointed watcher affirming that the person is making the challenge in
 17 good faith and is aware that a bad faith challenge could lead to penal-
 18 ties and consequences; and
 19 (b) complete a written document in such form as is approved by the
 20 state board of elections stating the challenger's name and address and
 21 the name of the voter who was challenged.
 22 § 2. Section 8-504 of the election law, subdivisions 1, 2, 3, and 4 as
 23 renumbered by chapter 373 of the laws of 1978, subdivision 4 as amended
 24 by chapter 9 of the laws of 1978, subdivision 5 as amended by chapter 82

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07945-01-5

 A. 4095 2

 1 of the laws of 1982 and subdivisions 5, 6, and 7 as renumbered by chap-
 2 ter 103 of the laws of 2021, is amended to read as follows:
 3 § 8-504. Challenges; of voter at the polling place. 1. When an appli-
 4 cant is challenged, an inspector shall [administer to him] provide to
 5 the applicant the following oath, which shall be known as "The prelimi-
 6 nary oath": "You do solemnly swear (or affirm) that you will make true
 7 answers to such questions as may be put to you concerning your quali-
 8 fications as a voter". If the applicant shall refuse to take such oath
 9 [he] the applicant shall not be permitted to vote.
 10 2. If the applicant shall take the preliminary oath, the inspector
 11 shall ask the applicant such questions as may pertain to the reason
 12 [his] the applicant's right to vote at such election in such district
 13 was challenged. If any applicant shall refuse to answer fully any ques-
 14 tions which may be put to [him, he] the applicant, the applicant shall
 15 not be permitted to vote.
 16 3. After receiving the answers as above specified, of any applicant,
 17 the board shall, if it believes the applicant to be qualified or the
 18 challenge is withdrawn, permit [him] the applicant to vote. Otherwise,
 19 the board shall point out to [him] the a