Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2020 |
referred to election law |
Jan 16, 2019 |
referred to election law |
Assembly Bill A1621
2019-2020 Legislative Session
Sponsored By
SEAWRIGHT
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-A1621 (ACTIVE) - Details
2019-A1621 (ACTIVE) - Summary
Provides that the determination of the board of elections to issue a voter an absentee, military or special ballot shall only be challenged by a judicial proceeding in supreme court and that the board of elections and the voter whose application is challenged shall be necessary parties.
2019-A1621 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1621 2019-2020 Regular Sessions I N A S S E M B L Y January 16, 2019 ___________ Introduced by M. of A. SEAWRIGHT -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to the canvass of absen- tee, military and special ballots THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 9-209 of the election law is amended by adding a new paragraph (d) to read as follows: (D) THE DETERMINATION OF THE BOARD OF ELECTIONS TO ISSUE A VOTER AN ABSENTEE, MILITARY OR SPECIAL BALLOT PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER SHALL ONLY BE CHALLENGED BY MEANS OF A JUDICIAL PROCEEDING IN THE SUPREME COURT OF THE STATE OF NEW YORK INSTITUTED NOT LATER THAN THREE DAYS AFTER SUCH DETERMINATION, AND THE BOARD OF ELECTIONS AND THE VOTER WHOSE APPLICATION IS CHALLENGED SHALL BE NECESSARY PARTIES TO SUCH PROCEEDING. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER, AT THE TIME OF CANVASS A CHALLENGE TO THE CASTING AND CANVASSING OF AN ABSENTEE, MILITARY OR SPECIAL BALLOT SHALL NOT BE SUSTAINED IF: (I) THE BASIS OF SUCH CHALLENGE PERTAINS IN ANY MANNER TO AN ALLEGED DEFICIENCY IN THE APPLICATION FOR SUCH BALLOT; AND (II) A PROCEEDING WITH RESPECT TO SUCH APPLICATION WAS NOT COMMENCED AS REQUIRED BY THIS PARAGRAPH. IF A PROCEEDING HAS BEEN COMMENCED WITH RESPECT TO AN APPLICATION FOR AN ABSENTEE, MILITARY OR SPECIAL BALLOT AND IS STILL PENDING AT THE TIME OF THE CANVASS, THE RETURNED BALLOT ENVELOPE SHALL BE SET ASIDE UNTIL THE COURT DETERMINES THE VALIDITY OF SUCH APPLICATION. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01916-01-9
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