Senate Bill S8370

Signed By Governor
2019-2020 Legislative Session

Relates to providing voters an opportunity to contest challenges to absentee ballots

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

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Votes

Bill Amendments

co-Sponsors

2019-S8370 - Details

Law Section:
Election Law
Laws Affected:
Amd §9-209, El L

2019-S8370 - Summary

Relates to providing voters an opportunity to cure deficiencies regarding absentee ballots.

2019-S8370 - Sponsor Memo

2019-S8370 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8370
 
                             I N  S E N A T E
 
                               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:

   Section 1. Paragraph (d) of subdivision 2  of  section  9-209  of  the
 election  law, as amended by chapter 104 of the laws of 2010, is amended
 to read as follows:
   (d) Any person lawfully present may object to the refusal to  cast  or
 canvass any ballot on the grounds that the voter is a properly qualified
 voter  of  the election district, or in the case of a party primary duly
 enrolled in such party, or to the casting or canvassing of any ballot on
 the grounds that the voter is not a  properly  qualified  voter  of  the
 election  district,  or in the case of a party primary not duly enrolled
 in such party, or otherwise not entitled to cast such ballot.  When  any
 such  objection is made, the central board of inspectors shall forthwith
 proceed to determine such objection  and  reject  or  cast  such  ballot
 according to such determination.  BEFORE THE CENTRAL BOARD MAKES A FINAL
 DETERMINATION  TO  REJECT  A  CHALLENGED  BALLOT, IT SHALL SERVE WRITTEN
 NOTICE VIA CERTIFIED MAIL WITHIN TWENTY-FOUR HOURS TO THE VOTER DESCRIB-
 ING THE BASIS FOR THE CHALLENGE AND PROVIDE HIM OR HER WITH AN  OPPORTU-
 NITY  TO SUBMIT AN AFFIDAVIT OR OTHER SWORN STATEMENT, AS APPLICABLE, TO
 CURE OR ADDRESS ANY SUCH DEFICIENCY. THE VOTER SHALL HAVE  A  PERIOD  OF
 THREE  DAYS  FROM  THE DATE OF RECEIVING NOTIFICATION, BUT NO LATER THAN
 SEVEN DAYS FROM BEING MAILED SUCH NOTICE  TO  AVAIL  THEMSELVES  OF  THE
 OPPORTUNITY  TO CURE OR ADDRESS ANY SUCH DEFICIENCY. If the board cannot
 agree as to the validity of the ballot it shall set  the  ballot  aside,
 unopened,  for  a period of three days at which time the ballot envelope
 shall be opened and the vote counted unless  otherwise  directed  by  an
 order of the court.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 elections occurring on or after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S8370A - Details

Law Section:
Election Law
Laws Affected:
Amd §9-209, El L

2019-S8370A - Summary

Relates to providing voters an opportunity to cure deficiencies regarding absentee ballots.

2019-S8370A - Sponsor Memo

2019-S8370A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8370--A
 
                             I N  S E N A T E
 
                               May 19, 2020
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BIAGGI,  COMRIE, GOUNARDES, HOYLMAN, MAY,
   RAMOS -- read twice and  ordered  printed,  and  when  printed  to  be
   committed  to the Committee on Elections -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2019-S8370B (ACTIVE) - Details

Law Section:
Election Law
Laws Affected:
Amd §9-209, El L

2019-S8370B (ACTIVE) - Summary

Relates to providing voters an opportunity to cure deficiencies regarding absentee ballots.

2019-S8370B (ACTIVE) - Sponsor Memo

2019-S8370B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8370--B
 
                             I N  S E N A T E
 
                               May 19, 2020
                                ___________
 
 Introduced by Sens. MYRIE, BIAGGI, COMRIE, GOUNARDES, HOYLMAN, LIU, MAY,
   RAMOS  --  read  twice  and  ordered  printed,  and when printed to be
   committed to the Committee on Elections -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

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

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