Bill Text: NY A00508 | 2015-2016 | General Assembly | Introduced

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Bill Title: Makes several technical corrections to the election law in regards to absentee voting; provides that no ballot shall be declared void or partially blank if such ballot has been torn or defaced after such ballot has been mailed by the voter but prior to its reception by the board of elections.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-06-02 - held for consideration in election law [A00508 Detail]

Download: New_York-2015-A00508-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          508
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. KOLB -- Multi-Sponsored by -- M. of A. GIGLIO --
         read once and referred to the Committee on Election Law
       AN ACT to amend the election law, in relation to absentee voting
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (c)  of  subdivision 2 of section 8-400 of the
    2  election law, as amended by chapter 321 of the laws of 1988, is  amended
    3  to read as follows:
    4    (c)  All  applications  must  be  mailed to the board of elections not
    5  later than the seventh day before the election for  which  a  ballot  is
    6  first  requested or delivered IN PERSON OR BY OVERNIGHT DELIVERY SERVICE
    7  to such board not later than the day before such election.
    8    S 2. Subdivision 10 of section 8-400 of the election law,  as  amended
    9  by  chapter  373  of the laws of 1986 and as renumbered by chapter 40 of
   10  the laws of 2009, is amended to read as follows:
   11    10. The state board of elections shall prescribe a  standard  applica-
   12  tion  form  for  use under this section. The use of any application form
   13  which substantially complies with the provisions of this  section  shall
   14  be acceptable and any application filed on such a form shall be accepted
   15  for  filing.    NOTHING  IN  THIS SECTION SHALL PROHIBIT THE PRINTING OF
   16  MATERIAL ON THE REVERSE SIDE OF THE APPLICATION BY PARTIES OR CANDIDATES
   17  ADVISING OF A PENDING ELECTION.
   18    S 3. Subdivision 1 of section 8-407 of the election law, as amended by
   19  chapter 195 of the laws of 2001, is amended to read as follows:
   20    1. The board of elections of a  county  or  city  in  which  there  is
   21  located  at least one facility operated or licensed, or under the juris-
   22  diction of, the department of mental hygiene, or a facility defined as a
   23  nursing home or residential health care facility  pursuant  to  subdivi-
   24  sions  two  and  three  of section two thousand eight hundred one of the
   25  public health law or an adult care facility subject to the provisions of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02458-02-5
       A. 508                              2
    1  title two of article seven of the social services law, or a hospital  or
    2  other  facility operated by the [Veteran's Administration of the] United
    3  States DEPARTMENT OF VETERANS AFFAIRS shall provide  that  residents  of
    4  each such facility for which such board has received twenty-five or more
    5  applications  for  absentee ballots from voters who are eligible to vote
    6  by absentee ballot in such city or county at such election, may vote  by
    7  absentee  ballot  only  in  the  manner  provided for in this section OR
    8  SECTION 8-406 OF THIS TITLE. Such board may, in its discretion,  provide
    9  that  the procedure described in this subdivision shall be applicable to
   10  all such facilities in such county or city without regard to the  number
   11  of  absentee ballot applications received from the residents of any such
   12  facility.
   13    S 4. Subdivision 2 of section 9-108 of the election law, as amended by
   14  chapter 334 of the laws of 2013, is amended to read as follows:
   15    2. If the ballots found in any box OR ENVELOPE shall be more than  the
   16  number  of ballots so shown to have been deposited therein, such ballots
   17  shall all be replaced, without being unfolded, in the  box  OR  ENVELOPE
   18  from which they were taken, and shall be thoroughly mingled therein, and
   19  one  of  the  inspectors  shall,  with  his  or  her  back to the box OR
   20  ENVELOPE, publicly draw out as many ballots as shall be  equal  to  such
   21  excess  and,  without  unfolding them forthwith shall enclose them in an
   22  envelope which he or she shall then and there seal and  endorse  "excess
   23  ballots  for  the  general  election,  presidential  electors,  or party
   24  ballots or otherwise", as the case may be, and shall  sign  his  or  her
   25  name  thereto,  and  place  such  envelope  in  the box for defective or
   26  spoiled ballots.
   27    S 5. Subdivision 1 of section 9-112 of the election law, as amended by
   28  chapter 334 of the laws of 2013, is amended to read as follows:
   29    1. The whole ballot is void if the  voter  (a)  does  any  act  INTEN-
   30  TIONALLY  OR  RECKLESSLY  extrinsic  to the ballot such as enclosing any
   31  paper or other article in the folded ballot or (b) defaces or tears  the
   32  ballot  except  that a ballot card which is in perforated sections shall
   33  not be void because it has been separated into sections or (c) makes any
   34  erasure thereon or (d) makes any mark thereon other than a cross X  mark
   35  or  a  check V mark in a voting square, or filling in the voting square,
   36  or (e) writes, other than in the space provided, a name for the  purpose
   37  of voting; except that an erasure or a mark other than a valid mark made
   38  in  a  voting square shall not make the ballot void, but shall render it
   39  blank as to the office, party position or ballot proposal in  connection
   40  with  which  it  is  made. No ballot shall be declared void or partially
   41  blank because a mark thereon is irregular in form WHERE  THE  INTENT  OF
   42  THE  VOTER  IS  MANIFESTLY CLEAR. The term "voting square" shall include
   43  the voting space provided for a voter to mark his  or  her  vote  for  a
   44  candidate  or  ballot  proposal.  NO  BALLOT  SHALL  BE DECLARED VOID OR
   45  PARTIALLY BLANK IF SUCH BALLOT HAS  BEEN  TORN  OR  DEFACED  AFTER  SUCH
   46  BALLOT  HAS  BEEN  MAILED BY THE VOTER BUT PRIOR TO ITS RECEPTION BY THE
   47  BOARD OF ELECTIONS.
   48    S 6. This act shall take effect January 1, 2016 and shall apply to all
   49  elections or primaries conducted on or after such date; provided, howev-
   50  er, that effective immediately the addition, amendment and/or repeal  of
   51  any  rule  or regulation necessary for the implementation of this act on
   52  its effective date is authorized and directed to be made  and  completed
   53  on or before such effective date.