S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10830
 
                           I N  A S S E M B L Y
 
                               July 17, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   read once and referred to the Committee on Election Law
 
 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:

   Section 1. Section 9-209 of the election law is amended by adding  two
 new subdivisions 3 and 3-a to read as follows:
   3. (A) UPON THE BOARD OF ELECTIONS DETERMINATION AT OR BEFORE THE TIME
 OF  CANVASS  THAT AN ABSENTEE BALLOT AFFIRMATION ENVELOPE IS UNSIGNED OR
 THAT AN AFFIRMATION BALLOT ENVELOPE SIGNATURE DOES NOT CORRESPOND TO THE
 REGISTRATION SIGNATURE OR THERE IS NO REQUIRED WITNESS TO A MARK OR THAT
 THE ENVELOPE IS RETURNED WITHOUT AN AFFIRMATION ENVELOPE IN  THE  RETURN
 ENVELOPE, THE BOARD SHALL, WITHIN ONE DAY OF SUCH DETERMINATION, SEND TO
 THE  ABSENTEE VOTER'S ADDRESS INDICATED IN THE REGISTRATION RECORDS AND,
 IF DIFFERENT, THE MAILING  ADDRESS  INDICATED  ON  THE  ABSENTEE  BALLOT
 APPLICATION,  A  NOTICE EXPLAINING THE REASON FOR SUCH REJECTION AND THE
 PROCEDURE TO CURE THE REJECTION.  THE BOARD SHALL ALSO CONTACT THE VOTER
 BY EITHER ELECTRONIC MAIL OR TELEPHONE, IF SUCH INFORMATION IS AVAILABLE
 TO THE BOARD IN THE VOTER'S REGISTRATION INFORMATION, IN ORDER TO NOTIFY
 THE VOTER OF THE DEFICIENCY AND THE OPPORTUNITY AND THE PROCESS TO  CURE
 THE DEFICIENCY.
   (B)  THE  VOTER MAY CURE THE AFORESAID DEFECTS BY FILING A DULY SIGNED
 AFFIRMATION ATTESTING TO THE SAME INFORMATION REQUIRED BY  THE  AFFIRMA-
 TION  ENVELOPE  AND  ATTESTING THAT THE SIGNER OF THE AFFIRMATION IS THE
 SAME PERSON WHO SUBMITTED SUCH ABSENTEE BALLOT ENVELOPE. THE BOARD SHALL
 INCLUDE A FORM OF SUCH AFFIRMATION WITH THE NOTICE TO THE  VOTER.    THE
 AFFIRMATION  SHALL  BE  IN  A  FORM  PRESCRIBED  BY  THE  STATE BOARD OF
 ELECTIONS.
   (C) SUCH CURE AFFIRMATION SHALL BE FILED WITH THE BOARD NO LATER  THAN
 SEVEN  BUSINESS DAYS AFTER THE BOARD'S MAILING OF SUCH CURABLE REJECTION
 NOTICE. PROVIDED THE BOARD DETERMINES THAT  SUCH  AFFIRMATION  ADDRESSES
 THE  CURABLE  DEFECT,  THE  REJECTED BALLOT SHALL BE REINSTATED AND DULY
 CANVASSED. IF THE BOARD OF ELECTIONS IS SPLIT AS TO THE  SUFFICIENCY  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16405-07-0

 A. 10830                            2
 
 THE  CURE  AFFIRMATION,  SUCH ENVELOPE SHALL BE SET ASIDE FOR THREE DAYS
 AND THEN CANVASSED UNLESS THE  BOARD  IS  DIRECTED  OTHERWISE  BY  COURT
 ORDER.
   (D)  WHEN THE BOARD OF ELECTIONS INVALIDATES A BALLOT ENVELOPE AND THE
 DEFECT IS NOT CURABLE, THE VOTER SHALL BE NOTIFIED BY MAIL  SENT  WITHIN
 THREE BUSINESS DAYS OF SUCH REJECTION.
   3-A.  IF  AN  ABSENTEE  BALLOT AFFIRMATION ENVELOPE IS RECEIVED BY THE
 BOARD OF ELECTIONS PRIOR TO THE ELECTION AND IS FOUND TO BE UNSEALED AND
 THUS INVALID, THE BOARD SHALL FORTHWITH NOTIFY THE VOTER OF SUCH  DEFECT
 AND  NOTIFY THE VOTER OF OTHER OPTIONS FOR VOTING, AND, IF TIME PERMITS,
 PROVIDE THE VOTER WITH A NEW ABSENTEE BALLOT.
   § 2. The state board of elections shall  promulgate  rules  and  regu-
 lations to implement this act.
   §  3.  This  act  shall  take  effect  immediately  and shall apply to
 elections occurring on or after such effective date.