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

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

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8370

                    IN SENATE

                                      May 19, 2020
                                       ___________

        Introduced  by  Sen.  MYRIE  -- 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  providing  voters  an
          opportunity to contest challenges to absentee ballots

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

     1    Section 1. Paragraph (d) of subdivision 2  of  section  9-209  of  the
     2  election  law, as amended by chapter 104 of the laws of 2010, is amended
     3  to read as follows:
     4    (d) Any person lawfully present may object to the refusal to  cast  or
     5  canvass any ballot on the grounds that the voter is a properly qualified
     6  voter  of  the election district, or in the case of a party primary duly
     7  enrolled in such party, or to the casting or canvassing of any ballot on
     8  the grounds that the voter is not a  properly  qualified  voter  of  the
     9  election  district,  or in the case of a party primary not duly enrolled
    10  in such party, or otherwise not entitled to cast such ballot.  When  any
    11  such  objection is made, the central board of inspectors shall forthwith
    12  proceed to determine such objection  and  reject  or  cast  such  ballot
    13  according to such determination.  Before the central board makes a final
    14  determination  to  reject  a  challenged  ballot, it shall serve written
    15  notice via certified mail within twenty-four hours to the voter describ-
    16  ing the basis for the challenge and provide him or her with an  opportu-
    17  nity  to submit an affidavit or other sworn statement, as applicable, to
    18  cure or address any such deficiency. The voter shall have  a  period  of
    19  three  days  from  the date of receiving notification, but no later than
    20  seven days from being mailed such notice  to  avail  themselves  of  the
    21  opportunity  to cure or address any such deficiency. If the board cannot
    22  agree as to the validity of the ballot it shall set  the  ballot  aside,
    23  unopened,  for  a period of three days at which time the ballot envelope
    24  shall be opened and the vote counted unless  otherwise  directed  by  an
    25  order of the court.
    26    §  2.  This  act  shall  take  effect  immediately  and shall apply to
    27  elections occurring on or after such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16405-01-0