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Votes Cast At Wrong Polling Place, But In Right County To Still Be Accepted Under New NY Law

A new state law in New York means no more worrying about whether you’re at the correct polling location.

New York Gov. Kathy Hochul has signed new legislation that requires affidavit ballots to be counted if a voter appears at the wrong polling place, as long as they are voting in the correct county of assembly district.

New York Gov. Kathy Hochul has signed new legislation that requires affidavit ballots to be counted if a voter appears at the wrong polling place, as long as they are voting in the correct county of assembly district.

Photo Credit: Canva/YinYang

The legislation, signed by Gov. Kathy Hochul Tuesday, Dec. 6, requires that affidavit ballots cast by eligible voters who appear at the wrong polling place must still be counted, as long as they are voting in the correct county or assembly district.

Hochul’s office said the move will strengthen protections for New Yorkers’ right to vote and have their ballots counted in races they are entitled to vote in while also encouraging voter participation.

"Access to the ballot box shouldn't be held up by complicated and unclear voting processes," Hochul said in a statement.

"New York continues to lead the nation in taking critical steps forward to protect the fundamental right to vote. 

"My administration is committed to empowering voters and improving the state's electoral process, which has disenfranchised too many New Yorkers for too long."

Under the previous law, voters who cast a ballot at the wrong polling place but in the correct county or assembly district had their entire ballot invalidated.

The bill was introduced by Assemblymember Robert Carroll, who represents the 44th District covering parts of Brooklyn.

“With our democracy under attack it is essential that New York does everything in its power to ensure eligible voters’ ballots are counted,” Carroll said in a statement.

“With this legislation, New York will no longer invalidate otherwise valid ballots because a voter went to the incorrect polling place in their home county and assembly district.

“This critical voting reform will help ensure that the rights of thousands of voters are protected.”

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