S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10808
 
                           I N  A S S E M B L Y
 
                               July 15, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bichotte) --
   read once and referred to the Committee on Election Law
 
 AN  ACT to amend the election law, in relation to the date of receipt by
   the board of elections of certain absentee ballots received by a board
   of elections that do not bear or display a dated postmark

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 8-412  of  the  election  law,  as
 amended    by  chapter 91 of   the  laws  of 2020, is amended to read as
 follows:
   1. The board of elections shall cause all absentee ballots received by
 it before the close of  the  polls  on  election  day  and  all  ballots
 contained  in envelopes showing a cancellation mark of the United States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the  United  States  govern-
 ment,  with  a date which is ascertained to be not later than the day of
 the election and received by such board  of  elections  not  later  than
 seven  days  following  the  day of election to be cast and counted. FOR
 PURPOSES OF THIS SECTION, ANY ABSENTEE BALLOT RECEIVED BY THE  BOARD  OF
 ELECTIONS  NO  LATER THAN SEVEN DAYS FOLLOWING THE DAY  OF THE  ELECTION
 THAT  DOES  NOT BEAR OR DISPLAY A DATED POSTMARK SHALL  BE  PRESUMED  TO
 HAVE BEEN TIMELY MAILED OR DELIVERED IF SUCH BALLOT BEARS  A TIME  STAMP
 OF   THE   RECEIVING BOARD OF ELECTIONS INDICATING RECEIPT BY SUCH BOARD
 ON THE DAY AFTER THE ELECTION.
   § 2. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 155 of the laws of 1994, is amended to read as follows:
   1. The board of elections shall cause all absentee ballots received by
 it before the close of  the  polls  on  election  day  and  all  ballots
 contained  in envelopes showing a cancellation mark of the United States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the  United  States  govern-
 ment,  with  a  date  which  is ascertained to be not later than the day
 [before] OF THE election and received by such  board  of  elections  not
 later  than  seven  days  following  the  day of election to be cast and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16936-01-0

 A. 10808                            2
 
 counted except that the absentee ballot of a voter  who  requested  such
 ballot by letter, rather than application, shall not be counted unless a
 valid  application  form, signed by such voter, is received by the board
 of  elections with such ballot. FOR PURPOSES OF THIS SECTION, ANY ABSEN-
 TEE BALLOT SENT BY WAY OF THE UNITED STATES POSTAL SERVICE AND  RECEIVED
 BY  THE BOARD OF ELECTIONS NO LATER THAN SEVEN DAYS FOLLOWING THE DAY OF
 THE ELECTION THAT DOES NOT BEAR OR DISPLAY A  DATED  POSTMARK  SHALL  BE
 PRESUMED  TO HAVE BEEN TIMELY MAILED OR DELIVERED IF SUCH BALLOT BEARS A
 TIME STAMP OF THE RECEIVING BOARD OF  ELECTIONS  INDICATING  RECEIPT  BY
 SUCH BOARD ON THE DAY AFTER THE ELECTION.
   §  3.  This  act  shall  take  effect  immediately  and shall apply to
 elections occurring on or after such effective date;  provided,  however
 that  the amendments to subdivision 1 of section 8-412 of  the  election
 law made by section one of this act shall be subject to  the  expiration
 and  reversion of such  subdivision  pursuant to section 7 of chapter 91
 of the laws of 2020 when upon such date the provisions of section two of
 this act shall take effect.