Bill Text: NY S08370 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to providing voters an opportunity to cure deficiencies regarding absentee ballots.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2020-08-21 - APPROVAL MEMO.5 [S08370 Detail]

Download: New_York-2019-S08370-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8370--B

                    IN SENATE

                                      May 19, 2020
                                       ___________

        Introduced by Sens. MYRIE, BIAGGI, COMRIE, GOUNARDES, HOYLMAN, LIU, MAY,
          RAMOS  --  read  twice  and  ordered  printed,  and when printed to be
          committed to the Committee on Elections -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend  the election law, in relation to providing voters an
          opportunity to cure deficiencies regarding absentee ballots

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

     1    Section  1. Section 9-209 of the election law is amended by adding two
     2  new subdivisions 3 and 3-a to read as follows:
     3    3. (a) Upon the board of elections determination at or before the time
     4  of canvass that an absentee ballot affirmation envelope is  unsigned  or
     5  that an affirmation ballot envelope signature does not correspond to the
     6  registration signature or there is no required witness to a mark or that
     7  the  envelope  is returned without an affirmation envelope in the return
     8  envelope, the board shall, within one day of such determination, send to
     9  the absentee voter's address indicated in the registration records  and,
    10  if  different,  the  mailing  address  indicated  on the absentee ballot
    11  application, a notice explaining the reason for such rejection  and  the
    12  procedure to cure the rejection.  The board shall also contact the voter
    13  by either electronic mail or telephone, if such information is available
    14  to the board in the voter's registration information, in order to notify
    15  the  voter of the deficiency and the opportunity and the process to cure
    16  the deficiency.
    17    (b) The voter may cure the aforesaid defects by filing a  duly  signed
    18  affirmation  attesting  to the same information required by the affirma-
    19  tion envelope and attesting that the signer of the  affirmation  is  the
    20  same person who submitted such absentee ballot envelope. The board shall
    21  include  a  form  of such affirmation with the notice to the voter.  The
    22  affirmation shall be  in  a  form  prescribed  by  the  state  board  of
    23  elections.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16405-06-0
        S. 8370--B                          2

     1    (c)  Such cure affirmation shall be filed with the board no later than
     2  seven business days after the board's mailing of such curable  rejection
     3  notice.  Provided  the  board determines that such affirmation addresses
     4  the curable defect, the rejected ballot shall  be  reinstated  and  duly
     5  canvassed.  If  the board of elections is split as to the sufficiency of
     6  the cure affirmation, such envelope shall be set aside  for  three  days
     7  and  then  canvassed  unless  the  board  is directed otherwise by court
     8  order.
     9    (d) When the board of elections invalidates a ballot envelope and  the
    10  defect  is  not curable, the voter shall be notified by mail sent within
    11  three business days of such rejection.
    12    3-a. If an absentee ballot affirmation envelope  is  received  by  the
    13  board of elections prior to the election and is found to be unsealed and
    14  thus  invalid, the board shall forthwith notify the voter of such defect
    15  and notify the voter of other options for voting, and, if time  permits,
    16  provide the voter with a new absentee ballot.
    17    §  2.  The  state  board of elections shall promulgate rules and regu-
    18  lations to implement this act.
    19    § 3. This act  shall  take  effect  immediately  and  shall  apply  to
    20  elections occurring on or after such effective date.