Bill Text: NY A10940 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that casting and canvassing of absentee, military, special presidential, special federal and other special ballots shall occur as such ballots are received by the board of elections.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2020-08-17 - referred to election law [A10940 Detail]

Download: New_York-2019-A10940-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10940

                   IN ASSEMBLY

                                     August 17, 2020
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Carroll) --
          read once and referred to the Committee on Election Law

        AN ACT to amend the election law, in relation to casting and  canvassing
          of absentee, military, special presidential, special federal and other
          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,  as
     2  amended  by  chapter  104  of  the  laws  of 2010, is amended to read as
     3  follows:
     4    1. (a) The board of elections shall designate itself or  such  of  its
     5  employees  as  it shall deem appropriate as a set of poll clerks to cast
     6  and canvass such ballots, and [fix a time and place  for  their  meeting
     7  for such purpose, provided that such meeting shall be no more than four-
     8  teen  days  after  a  general or special election and no more than eight
     9  days after a primary election at which such ballots are voted] establish
    10  a procedure which provides  for  the  casting  and  canvassing  of  such
    11  ballots  as such ballots are received by the board. The board may desig-
    12  nate additional sets of poll clerks and if it designates more  than  one
    13  such set shall apportion among all such sets the election districts from
    14  which  such  ballots  have been received, provided that all such ballots
    15  from a single election district shall be assigned to  a  single  set  of
    16  clerks,  and  that each such set shall be divided equally between repre-
    17  sentatives of the two major political parties. Each such set  of  clerks
    18  shall  be  deemed  a  central  board  of inspectors for purposes of this
    19  section.
    20    (b) At least five days prior to the  [time  fixed  for  such  meeting]
    21  earliest  day  a  board could receive such ballots, the board shall send
    22  notice by first class mail to each candidate, political party, and inde-
    23  pendent body entitled to have had watchers present at the polls  in  any
    24  election  district  in the board's jurisdiction. Such notice shall state
    25  the [time and place fixed] procedure established by the board  for  such
    26  canvass.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17112-01-0
        A. 10940                            2

     1    (c)  Each  such candidate, political party, and independent body shall
     2  be entitled to appoint such number  of  watchers  to  attend  upon  each
     3  central board of inspectors as such candidate, political party, or inde-
     4  pendent  body  was  entitled  to  appoint  at  such  election in any one
     5  election  district  for which such central board of inspectors is desig-
     6  nated to act.
     7    § 2. The opening paragraph of subparagraph (i)  of  paragraph  (a)  of
     8  subdivision  2 of section 9-209 of the election law, as amended by chap-
     9  ter 308 of the laws of 2011, is amended and a new clause (F) is added to
    10  read as follows:
    11    Upon assembling at the time and place [fixed for such meeting] set  in
    12  the  procedure  established pursuant to paragraph (a) of subdivision one
    13  of this section, each central board of inspectors shall  examine,  cast,
    14  and canvass the envelopes and the ballots therein contained as nearly as
    15  practicable in the following manner:
    16    (F) Where an envelope or ballot is laid aside, rejected or successful-
    17  ly  challenged  prior  to the date of such election and the board deter-
    18  mines that the person who submitted such envelope or ballot was entitled
    19  to vote at such election, the  board  of  elections  shall  notify  such
    20  person  and  provide  the  opportunity  to  correct any defect with such
    21  envelope or ballot, as applicable.
    22    § 3. Section 8-302 of the election law is  amended  by  adding  a  new
    23  subdivision 2-b to read as follows:
    24    2-b.  If  a  voter's  name appears in the ledger or computer generated
    25  registration list with a notation indicating that the voter has  already
    26  voted  by  absentee,  military, special presidential, special federal or
    27  other special ballot, such voter shall only be entitled to vote by affi-
    28  davit ballot.
    29    § 4. This act  shall  take  effect  immediately  and  shall  apply  to
    30  elections held on or after such date.