Bill Text: NY A06727 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that the determination of the board of elections to issue a voter an absentee, military or special ballot shall only be challenged by a judicial proceeding in supreme court and that the board of elections and the voter whose application is challenged shall be necessary parties.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - referred to election law [A06727 Detail]

Download: New_York-2017-A06727-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6727
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 16, 2017
                                       ___________
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Election Law
        AN ACT to amend the election law, in relation to the canvass  of  absen-
          tee, military and special ballots
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section  9-209  of  the  election  law  is
     2  amended by adding a new paragraph (d) to read as follows:
     3    (d)  The  determination  of the board of elections to issue a voter an
     4  absentee, military or special ballot pursuant to article eleven of  this
     5  chapter  shall  only  be challenged by means of a judicial proceeding in
     6  the supreme court of the state of New York  instituted  not  later  than
     7  three  days after such determination, and the board of elections and the
     8  voter whose application is challenged shall be necessary parties to such
     9  proceeding. Notwithstanding any inconsistent provision of this  chapter,
    10  at  the  time of canvass a challenge to the casting and canvassing of an
    11  absentee, military or special ballot shall not be sustained if: (i)  the
    12  basis  of such challenge pertains in any manner to an alleged deficiency
    13  in the application for such ballot; and (ii) a proceeding  with  respect
    14  to  such application was not commenced as required by this paragraph. If
    15  a proceeding has been commenced with respect to an  application  for  an
    16  absentee, military or special ballot and is still pending at the time of
    17  the  canvass,  the returned ballot envelope shall be set aside until the
    18  court determines the validity of such application.
    19    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10345-01-7