NY State Senate Bill 2019-S9089

Archive: Last Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 09, 2020	referred to rules

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2019-S9089 (ACTIVE) - Details

See Assembly Version of this Bill:: A11168
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§9-209, 5-506, 4-128, 8-302, 16-106, 16-102 & 17-130, El L
Versions Introduced in 2021-2022 Legislative Session:: S1027, A1493

2019-S9089 (ACTIVE) - Summary

Relates to validating absentee ballots; relates to when absentee ballot envelopes and absentee ballots are examined to determine the validity of such absentee ballots; allows for the surrender of absentee ballots in certain situations; authorizes poll watchers to be present at meetings related to examining absentee ballot envelopes.

2019-S9089 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9089

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the election law, in relation to validating absentee
ballots

 
SUMMARY OF PROVISIONS:

Section one of the bill requires the board of elections to examine the
validity of absentee ballot envelopes as they are received.  Canvassing
of absentee ballots shall begin three hours before the scheduled close
of polls on Election Day.

Section two of the bill provides that if an affidavit ballot was cast
during early voting or on Election Day by a voter who has already
submitted an absentee ballot, the affidavit shall be left aside,
unopened.

Section three of the bill makes conforming changes to the Election Law
in light of recently chaptered opportunities to cure technical deficien-

cies in absentee ballots, in particular that if an envelope is not
sealed, the voter shall receive notice.

Section four provides that if there is more than one absentee ballot
submitted by a voter, the ballot executed by the voter first shall be
the ballot that is counted. Under current law, the ballot executed last
is the one counted.

Section five provides that registration poll records (i.e. poll books)
for an election include a notation indicating if a voter was mailed an
absentee ballot.

Section six provides that every poll site shall receive, as part of
their required equipment, an envelope to hold voided absentee ballots of
voters who have elected to vote by machine.

Section seven provides that if registration poll records indicate that a
voter was mailed an absentee ballot, such voter is only able to vote in
person by affidavit unless he or she surrenders their absentee ballot to
the inspector to be voided and placed in a designated envelope.

Sections eight and nine provide that to obtain an order for injunctive
relief that would halt or alter the canvassing of absentee or affidavit
ballots, the petitioner must show by clear and convincing evidence that
due to procedural irregularities or other facts arising during the
election, the petitioner will be irreparably harmed absent relief.

Section ten provides that in certain proceedings regarding the validity
of absentee ballot applications and affirmation envelopes must name the
voter in question as a necessary party.

Section eleven clarifies that examining the contents of an absentee
voter's envelope before the close of polls pursuant to the procedures
this bill would institute is not a crime.

Section twelve is the effective date.

 
JUSTIFICATION:

This bill allows absentee ballots to be validated and canvassed before
the close of polls on Election Day. Due to the current construct of
state election law, it is virtually impossible for absentee ballots to
be counted any earlier than the close of polls on Election Day.  Due to
the novel coronavirus 2019, however, boards of elections around the
state received a deluge of absentee ballots during the June 23, 2020
primary. In New York City, the amount of absentee ballots increased
tenfold compared to recent elections. Six weeks after the primary, two
congressional races remained undecided and vast numbers of ballots had
yet to be counted.

New Yorkers are entitled to know the results of elections expeditiously
regardless of how many absentee ballots are utilized.  This is especial-
ly true during a state emergency, and also when an amendment to the
Constitution providing for no-excuse vote by mail is in progress.

This bill makes necessary changes in the election law to allow for
absentee ballots to be reviewed and validated in advance of Election
Day, and to allow ballots to start being counted on Election Day, with-
out compromising the integrity of the electoral process.

 
FISCAL IMPACT ON THE STATE:

None

 
FISCAL IMPACT ON LOCALITIES:

None

 
LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S9089 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9089
 
                             I N  S E N A T E
 
                             November 9, 2020
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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  validating  absentee
   ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 1 of section 9-209 of
 the election law, as amended by chapter 104 of the  laws  of  2010,  are
 amended to read as follows:
   (a)  The  board  of  elections  shall  designate itself or such of its
 employees as it shall deem appropriate as a set of poll clerks to  EXAM-
 INE,  cast  and canvass such ballots, and fix a time and place for their
 meeting for such [purpose, provided that such meeting shall be  no  more
 than  fourteen days after a general or special election and no more than
 eight days after a primary election at which  such  ballots  are  voted]
 PURPOSES.  STARTING  FORTY  DAYS  PRIOR TO THE DAY OF THE ELECTION, SUCH
 POLL CLERKS SHALL EXAMINE AND DETERMINE THE VALIDITY OF ABSENTEE  BALLOT
 ENVELOPES AS THEY ARE RECEIVED BY THE BOARD OF ELECTIONS.  SUCH EXAMINA-
 TION  SHALL  OCCUR  EVERY BUSINESS DAY PRIOR TO THE DAY OF THE ELECTION,
 OR, UPON BIPARTISAN AGREEMENT, ON SUCH OTHER SCHEDULE AS  DETERMINED  BY
 THE  BOARD,  PROVIDED  THAT  THE BOARD POST WHEN SUCH EXAMINATIONS SHALL
 OCCUR ON ITS WEBSITE.
   BOARDS SHALL BEGIN TO CANVASS ELIGIBLE ABSENTEE  BALLOTS  THREE  HOURS
 BEFORE THE SCHEDULED CLOSE OF POLLS ON ELECTION DAY.  IN CANVASSING SUCH
 BALLOTS,  THE  BOARD  SHALL  TAKE  ALL  MEASURES NECESSARY TO ENSURE THE
 PRIVACY OF VOTERS AND NON-PUBLIC RELEASE OF ELECTION  RESULTS  PRIOR  TO
 THE CLOSE OF POLLS ON ELECTION DAY. SUCH TABULATIONS SHALL BE ADDED INTO
 THE  DAILY  CANVASS  OF RESULTS AND UPDATED NO LESS THAN ONCE A DAY. THE
 STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES OR REGULATIONS NECESSARY
 TO ENSURE PRIVACY IN CANVASSING ABSENTEE BALLOTS. The board  may  desig-
 nate  additional  sets of poll clerks and if it designates more than one
 such set shall apportion among all such sets the election districts from
 which such ballots have been received, provided that  all  such  ballots
 from  a  single  election  district shall be assigned to a single set of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17437-05-0

 S. 9089                             2
 
 clerks, and that each such set shall be divided equally  between  repre-
 sentatives  of  the two major political parties. Each such set of clerks
 shall be deemed a central board  of  inspectors  for  purposes  of  this
 section.
   (b) WATCHERS ARE ENTITLED TO BE PRESENT AT MEETINGS RELATED TO EXAMIN-
 ING  ABSENTEE  BALLOT  ENVELOPES  PRIOR  TO  THE  DAY  OF  THE ELECTION;
 PROVIDED, HOWEVER, THAT ANY OBJECTION TO A BOARD  DETERMINATION  THAT  A
 BALLOT  ENVELOPE IS ELIGIBLE TO BE CANVASSED MUST BE MADE AT THE MEETING
 SUCH DETERMINATION IS MADE; AN  OBJECTION  SUBSEQUENT  TO  SUCH  MEETING
 SHALL  BE INVALID. At least five days prior to the time fixed for [such]
 A meeting TO EXAMINE OR CAST AND CANVASS ABSENTEE BALLOTS SUBSEQUENT  TO
 THE DAY OF THE ELECTION, the board shall send notice by first class mail
 to  each  candidate,  political  party, and independent body entitled to
 have had watchers present at the polls in any election district  in  the
 board's  jurisdiction.  Such notice shall state the time and place fixed
 by the board for such canvass.
   § 2. Section 9-209 of the election law is amended by  adding  two  new
 subdivisions 4 and 5 to read as follows:
   4.  IF  THE  BOARD  OF  ELECTIONS MANUALLY CANVASSES BALLOTS, IT SHALL
 REVIEW THE BALLOT TO DETERMINE  ITS  VALIDITY  CONSISTENT  WITH  SECTION
 9-112  OF  THIS ARTICLE.  IN CASES WHERE THE EXPRESS INTENT OF THE VOTER
 IS UNAMBIGUOUS, ANY STRAY MARKS OR WRITING SHALL  NOT  BE  A  BASIS  FOR
 VOIDING  AN ABSENTEE BALLOT. IF THE ABSENTEE BALLOTS ARE TABULATED BY AN
 OPTICAL SCAN VOTING SYSTEM, THEN A REVIEW OF THE ABSENTEE  BALLOT  SHALL
 NOT OCCUR.
   5.  IF  AN  AFFIDAVIT  BALLOT  WAS CAST BY A VOTER ON ANY DAY OF EARLY
 VOTING OR ON THE DAY OF ELECTION WHO SUBMITTED AN ABSENTEE BALLOT,  SUCH
 AFFIDAVIT SHALL BE LEFT ASIDE, UNOPENED.
   §  3. Clause (A) of subparagraph (i) of paragraph (a) of subdivision 2
 of section 9-209 of the election law, as amended by chapter 308  of  the
 laws of 2011, is amended to read as follows:
   (A)  If  a  person whose name is on an envelope as a voter has already
 voted in person at such election, or if his or her name and residence as
 stated on the envelope are not on a registration  poll  record,  or  the
 computer  generated  list  of  registered  voters or the list of special
 presidential voters, or if there is no name on the envelope, or  if  the
 envelope  is  not  sealed,  such  envelope shall be laid aside unopened;
 PROVIDED, HOWEVER, THAT IF THE ENVELOPE IS NOT SEALED, SUCH VOTER  SHALL
 RECEIVE  NOTICE  PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
 SECTION.
   § 4. Clause (B) of subparagraph (i) of paragraph (a) of subdivision  2
 of  section  9-209 of the election law, as amended by chapter 308 of the
 laws of 2011, is amended to read as follows:
   (B) If there is more than one ballot envelope  executed  by  the  same
 voter,  the  one  bearing the [later] EARLIER date of execution shall be
 accepted and the other rejected. If it cannot be determined which envel-
 ope [bears the later date, then all such envelopes  shall  be  rejected]
 WAS  EXECUTED  EARLIER, THE ENVELOPE BEARING THE EARLIER TIME STAMP FROM
 THE BOARD OF ELECTIONS FROM WHICH IT WAS RECEIVED SHALL BE ACCEPTED  AND
 THE OTHER REJECTED.
   §  5.  Paragraph  c  of subdivision 3 of section 5-506 of the election
 law, as amended by section 6 of part XX of chapter 55  of  the  laws  of
 2019, is amended to read as follows:
   c. The computer generated registration list prepared for each election
 in  each  election district shall be prepared in a manner which meets or
 exceeds standards for clarity and speed of production established by the

 S. 9089                             3
 
 state board of elections, shall be in a form  approved  by  such  board,
 shall  include the names of all voters eligible to vote in such election
 and shall be in alphabetical order, except that, at a primary  election,
 the  names  of the voters enrolled in each political party may be placed
 in a separate part of the list or in a separate list, as  the  board  of
 elections  in  its  discretion,  may determine. Such list shall contain,
 adjacent to each voter's name, or in a space so designated, at least the
 following: street address, date of  birth,  party  enrollment,  year  of
 registration,  a  computer reproduced facsimile of the voter's signature
 or an indication that the voter is unable to sign his name, a place  for
 the  voter to sign his name at such election and a place for the inspec-
 tors to mark the voting machine number, the  public  counter  number  if
 any,  or  the  number  of  any paper ballots given the voter.  SUCH LIST
 SHALL ALSO INCLUDE A NOTATION INDICATING IF SUCH  VOTER  WAS  MAILED  AN
 ABSENTEE  BALLOT  FOR THE APPLICABLE ELECTION. THE FORMAT FOR SUCH NOTA-
 TION SHALL BE PROMULGATED BY THE  STATE  BOARD  OF  ELECTIONS  AND  USED
 UNIFORMLY IN COMPUTER GENERATED REGISTRATION LISTS.
   § 6. Subdivision 1 of section 4-128 of the election law, as amended by
 section  2  of  part XX of chapter 55 of the laws of 2019, is amended to
 read as follows:
   1. The board of elections of each county shall provide  the  requisite
 number  of  official  and facsimile ballots, two cards of instruction to
 voters in the form prescribed by the state board of elections, at  least
 one  copy of the instruction booklet for inspectors, a sufficient number
 of maps, street finders or other descriptions  of  all  of  the  polling
 places  and election districts within the political subdivision in which
 the polling place is located to enable the election inspectors and  poll
 clerks  to determine the correct election district and polling place for
 each street address within the political subdivision in which the  poll-
 ing  place is located, distance markers, tally sheets and return blanks,
 pens, pencils, or other appropriate marking devices, envelopes  for  the
 ballots  of voters whose registration poll records are not in the ledger
 or whose names are not in  the  computer  generated  registration  list,
 ENVELOPES FOR THE ABSENTEE BALLOTS OF VOTERS WHO HAVE ELECTED TO VOTE BY
 MACHINE  TO  BE  VOIDED,  envelopes for returns, identification buttons,
 badges or emblems for the inspectors and clerks in the  form  prescribed
 by the state board of elections and such other articles of stationery as
 may be necessary for the proper conduct of elections, except that when a
 town,  city  or  village holds an election not conducted by the board of
 elections, the clerk of such town, city or village, shall  provide  such
 official  and  facsimile  ballots and the necessary blanks, supplies and
 stationery for such election.
   § 7. Section 8-302 of the election law is amended by  adding  two  new
 subdivisions 2-b and 3-d to read as follows:
   2-B.  IF  A  VOTER'S  NAME APPEARS IN THE LEDGER OR COMPUTER GENERATED
 REGISTRATION LIST WITH A NOTATION INDICATING THAT THE VOTER  WAS  MAILED
 AN  ABSENTEE  BALLOT,  SUCH  VOTER SHALL BE PERMITTED TO CAST HIS OR HER
 VOTE ON THE VOTING MACHINE IF THE VOTER SURRENDERS HIS OR  HER  ABSENTEE
 BALLOT  TO  THE  INSPECTOR AND SUCH ABSENTEE BALLOT IS MARKED "VOID" AND
 PLACED BY THE INSPECTOR IN AN ENVELOPE DESIGNATED FOR THIS PURPOSE.
   3-D. IF A VOTER'S NAME APPEARS IN THE  LEDGER  OR  COMPUTER  GENERATED
 REGISTRATION  LIST  WITH A NOTATION INDICATING THAT THE VOTER WAS MAILED
 AN ABSENTEE BALLOT AND SUCH VOTER IS UNABLE  TO  SURRENDER  HIS  OR  HER
 BALLOT  PURSUANT  TO SUBDIVISION TWO-B OF THIS SECTION, SUCH VOTER SHALL
 ONLY BE ENTITLED TO VOTE  BY  AFFIDAVIT  BALLOT  UNLESS  A  COURT  ORDER
 PROVIDES OTHERWISE.

 S. 9089                             4
 
   §  8.  Section  16-106  of the election law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A. IN ORDER TO OBTAIN ANY ORDER FOR TEMPORARY OR PRELIMINARY INJUNC-
 TIVE  RELIEF  OR  AN IMPOUND ORDER HALTING OR ALTERING THE CANVASSING OF
 ABSENTEE OR AFFIDAVIT BALLOTS AS PROVIDED FOR IN SECTION 9-209  OF  THIS
 CHAPTER, IN ADDITION TO THE CRITERIA IN ARTICLE SIXTY-THREE OF THE CIVIL
 PRACTICE  LAW AND RULES, THE PETITIONER MUST SHOW, BY CLEAR AND CONVINC-
 ING EVIDENCE, THAT, BECAUSE OF PROCEDURAL IRREGULARITIES OR OTHER  FACTS
 ARISING  DURING  THE ELECTION, THE PETITIONER WILL BE IRREPARABLY HARMED
 ABSENT SUCH RELIEF.   FOR PURPOSES OF  THIS  SECTION,  ALLEGATIONS  THAT
 OPINION  POLLS  SHOW  THAT  AN ELECTION IS CLOSE IS INSUFFICIENT TO SHOW
 IRREPARABLE HARM TO A PETITIONER BY CLEAR AND CONVINCING EVIDENCE.
   § 9. Section 16-102 of the election law is amended  by  adding  a  new
 subdivision 3-a to read as follows:
   3-A. IN ORDER TO OBTAIN ANY ORDER FOR TEMPORARY OR PRELIMINARY INJUNC-
 TIVE  RELIEF  OR  AN IMPOUND ORDER HALTING OR ALTERING THE CANVASSING OF
 ABSENTEE OR AFFIDAVIT BALLOTS AS PROVIDED FOR IN SECTION 9-209  OF  THIS
 CHAPTER, IN ADDITION TO THE CRITERIA IN ARTICLE SIXTY-THREE OF THE CIVIL
 PRACTICE  LAW AND RULES, THE PETITIONER MUST SHOW, BY CLEAR AND CONVINC-
 ING EVIDENCE, THAT, BECAUSE OF PROCEDURAL IRREGULARITIES OR OTHER  FACTS
 ARISING  DURING  THE ELECTION, THE PETITIONER WILL BE IRREPARABLY HARMED
 ABSENT SUCH RELIEF.   FOR PURPOSES OF  THIS  SECTION,  ALLEGATIONS  THAT
 OPINION  POLLS  SHOW  THAT  AN ELECTION IS CLOSE IS INSUFFICIENT TO SHOW
 IRREPARABLE HARM TO A PETITIONER BY CLEAR AND CONVINCING EVIDENCE.
   § 10. Subdivision 5 of section 16-106 of the election law, as  amended
 by chapter 359 of the laws of 1989, is amended to read as follows:
   5.  A proceeding under subdivisions one and three of this section must
 be instituted within twenty days  and  under  subdivision  two  OF  THIS
 SECTION,  within  thirty  days  after  the election or alleged erroneous
 statement or determination was made, or the time when  the  board  shall
 have  acted  in the particulars as to which it is claimed to have failed
 to perform its duty, except that such a proceeding  with  respect  to  a
 village election must be instituted within ten days after such election,
 statement, determination or action; PROVIDED, HOWEVER, THAT ANY PROCEED-
 ING  SEEKING  TO  REVERSE  A  DETERMINATION OF A BOARD OF ELECTIONS THAT
 RESULTS IN VALIDATING AN ABSENTEE BALLOT APPLICATION SHALL BE INSTITUTED
 WITHIN TWO DAYS OF SUCH DETERMINATION, WITH THE VOTER IN QUESTION  BEING
 NAMED  AS  A NECESSARY PARTY; PROVIDED FURTHER THAT ANY PROCEEDING CHAL-
 LENGING THE CANVASSING OF AN ABSENTEE BALLOT DUE TO AN ALLEGED DEFECT ON
 THE AFFIRMATION ENVELOPE MUST NAME THE VOTER AS A NECESSARY PARTY.
   § 11. Subdivision 20 of section 17-130 of the election law is  amended
 to read as follows:
   20.  Intentionally  opens an absentee voter's envelope or examines the
 contents thereof after the receipt of  the  envelope  by  the  board  of
 elections  and  before  the close of the polls at the election EXCEPT AS
 PROVIDED FOR IN SECTION 9-209 OF THIS CHAPTER; or,
   § 12. This act shall take effect on the ninetieth day after  it  shall
 have become a law.

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Senate Bill S9089

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2019-S9089 (ACTIVE) - Details

2019-S9089 (ACTIVE) - Summary

2019-S9089 (ACTIVE) - Sponsor Memo

2019-S9089 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9089

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2019-S9089 (ACTIVE) - Details

2019-S9089 (ACTIVE) - Summary

2019-S9089 (ACTIVE) - Sponsor Memo

2019-S9089 (ACTIVE) - Bill Text download pdf

Comments