Bill Text: NY S08918 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes boards of elections to establish a method of collection of absentee ballots utilizing county, town, city and village clerks.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-08-14 - REFERRED TO RULES [S08918 Detail]

Download: New_York-2019-S08918-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8918

                    IN SENATE

                                     August 14, 2020
                                       ___________

        Introduced  by Sens. MAY, HOYLMAN -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules

        AN ACT to amend the election law, in relation to authorizing  boards  of
          elections  to  establish  a  method  of collection of absentee ballots
          utilizing county, town, city and village clerks

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

     1    Section  1.  The election law is amended by adding a new section 8-414
     2  to read as follows:
     3    § 8-414. Receipt of absentee ballots by county, town, city and village
     4  clerks. 1. Each board of elections is hereby authorized to  establish  a
     5  method  of  collection  of absentee ballots utilizing county, town, city
     6  and village clerks throughout its  county.    Such  collection  will  be
     7  during  normal  business  hours and shall begin no later than twenty-one
     8  days before election day.
     9     2. The state board of elections is hereby authorized and directed  to
    10  promulgate  rules and regulations  and  may  promulgate  emergency regu-
    11  lations  necessary  for  the  implementation  of  the provisions of this
    12  section, including, but not limited to, the location, chain  of custody,
    13  pick-up   times,   proper labeling, and  security  of  absentee  ballots
    14  collected  by  authorized  county,  town, city and village clerks estab-
    15  lished by boards of elections pursuant to this section.
    16    § 2. Section 8-410 of the election law, as amended by chapter  352  of
    17  the laws of 1986, is amended to read as follows:
    18    §  8-410. Absentee voting; method of. The absentee voter shall mark an
    19  absentee ballot as provided for paper ballots or  ballots  prepared  for
    20  counting  by  ballot counting machines. He shall make no mark or writing
    21  whatsoever upon the ballot, except as above prescribed,  and  shall  see
    22  that  it bears no such mark or writing. He shall make no mark or writing
    23  whatsoever on the outside of the ballot. After  marking  the  ballot  or
    24  ballots  he shall fold each such ballot and enclose them in the envelope
    25  and seal the envelope.  He shall then take and subscribe the oath on the
    26  envelope, with blanks properly filled in. The envelope,  containing  the
    27  ballot  or  ballots,  shall  then be mailed or delivered to the board of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17126-01-0

        S. 8918                             2

     1  elections of the county or city of his residence or delivered to a coun-
     2  ty, town, city or village clerk authorized by the board of elections for
     3  collection.
     4    § 3. Subdivision 1 of section 8-412 of the election law, as amended by
     5  chapter 91 of the laws of 2020, is amended to read as follows:
     6    1. The board of elections shall cause all absentee ballots received by
     7  it  before  the  close  of  the  polls  on  election day and all ballots
     8  contained in envelopes showing a cancellation mark of the United  States
     9  postal service or a foreign country's postal service, or showing a dated
    10  endorsement  of  receipt  by another agency of the United States govern-
    11  ment, with a date which is ascertained to be not later than the  day  of
    12  the  election  and  received  by  such board of elections not later than
    13  seven days following the day of election to be  cast  and  counted.  For
    14  purposes  of  this  section,  an  absentee  ballot shall be deemed to be
    15  received by the board of elections before the  close  of  the  polls  on
    16  election  day  if it is delivered to an authorized county, town, city or
    17  village clerk before the close of polls on election day.
    18    § 4. Subdivision 1 of section 8-412 of the election law, as amended by
    19  chapter 155 of the laws of 1994, is amended to read as follows:
    20    1. The board of elections shall cause all absentee ballots received by
    21  it before the close of  the  polls  on  election  day  and  all  ballots
    22  contained  in envelopes showing a cancellation mark of the United States
    23  postal service or a foreign country's postal service, or showing a dated
    24  endorsement of receipt by another agency of the  United  States  govern-
    25  ment,  with  a  date  which  is ascertained to be not later than the day
    26  before election and received by such board of elections not  later  than
    27  seven  days  following the day of election to be cast and counted except
    28  that the absentee ballot of a voter who requested such ballot by letter,
    29  rather than application, shall not be counted unless a valid application
    30  form, signed by such voter, is received by the board of  elections  with
    31  such  ballot.  For purposes of this section, an absentee ballot shall be
    32  deemed to be received by the board of elections before the close of  the
    33  polls  on election day if it is delivered to an authorized county, town,
    34  city or village clerk before the close of polls on election day.
    35    § 5. This act shall take effect immediately; provided, that the amend-
    36  ments to subdivision 1 of section 8-412 of  the  election  law  made  by
    37  section  three of this act shall be subject to the expiration and rever-
    38  sion of such subdivision pursuant to section 7 of chapter 91 of the laws
    39  of 2020, as amended, when upon such date the provisions of section  four
    40  of this act shall take effect.
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