Bill Text: NY S00253 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to ballots where the express intent of the voter is unambiguous.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Passed) 2022-06-24 - SIGNED CHAP.228 [S00253 Detail]

Download: New_York-2021-S00253-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           253

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sens. MYRIE, COMRIE, GOUNARDES, HOYLMAN, LIU, MAY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Elections

        AN  ACT  to  amend  the  election  law, in relation to ballots where the
          express intent of the voter is unambiguous

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

     1    Section  1.  Section  8-410 of the election law, as amended by chapter
     2  352 of the laws of 1986, is amended to read as follows:
     3    § 8-410. Absentee voting; method of. The absentee voter shall mark  an
     4  absentee  ballot  as  provided for paper ballots or ballots prepared for
     5  counting by ballot counting machines. He or she shall make  no  mark  or
     6  writing  whatsoever  upon  the  ballot,  except as above prescribed, and
     7  shall see that it bears no such mark or writing. He or she shall make no
     8  mark or writing whatsoever on the outside of the ballot. In cases  where
     9  the express intent of the voter is unambiguous, any stray marks or writ-
    10  ing  shall not be a basis for voiding a ballot. After marking the ballot
    11  or ballots he or she shall fold each such ballot and enclose them in the
    12  envelope and seal the envelope. He or she shall then take and  subscribe
    13  the  oath on the envelope, with blanks properly filled in. The envelope,
    14  containing the ballot or ballots, shall then be mailed or  delivered  to
    15  the board of elections of the county or city of his or her residence.
    16    §  2.  Paragraph (a) of subdivision 2 of section 9-209 of the election
    17  law is amended by adding three new subparagraphs (vii), (viii) and  (ix)
    18  to read as follows:
    19    (vii)  An  absentee ballot may only be voided if the express intent of
    20  the voter is not clear and he or she  has  not  otherwise  substantially
    21  complied with the requirements of this chapter.
    22    (viii)  An absentee ballot shall not be voided where the voter did not
    23  date the ballot envelope or the date on the ballot is after the election

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02099-01-1
        S. 253                              2

     1  if the ballot envelope bears a timestamp indicating it was timely mailed
     2  in accordance with this article.
     3    (ix)  In  cases  where the express intent of the voter is unambiguous,
     4  any stray marks or writing shall not be a basis for voiding an  absentee
     5  ballot.
     6    §  3.  This  act  shall  take  effect  immediately  and shall apply to
     7  elections occurring on or after such effective date.