S T A T E O F N E W Y O R K
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6047--A
Cal. No. 207
2021-2022 Regular Sessions
I N A S S E M B L Y
March 5, 2021
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Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Election Law -- reported from committee, advanced to
a third reading, amended and ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the election law, in relation to the mailing and receipt
of absentee ballots; and to provide for the repeal of such provisions
upon the expiration thereof
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 140 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 [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 absentee ballot received
by the board of elections by mail 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 indi-
cating receipt by such board on the day after the election.
§ 2. Subparagraph (iii) of paragraph (b) 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09738-05-1
A. 6047--A 2
(iii) If such a federal write-in absentee ballot is received after
election day, the envelope in which it is received must contain: (A) a
cancellation mark of the United States postal service or a foreign coun-
try's postal service; (B) a dated endorsement of receipt by another
agency of the United States government; or (C) if cast by a military
voter, the signature and date of the voter and one witness thereto with
a date which is ascertained to be not later than the day [before] OF THE
election [day].
§ 3. Subdivision 1 of section 10-114 of the election law, as amended
by chapter 165 of the laws of 2009, is amended to read as follows:
1. The board of elections shall cause all military 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 government
or are signed and dated by the voter and one witness thereto, 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 a primary election and not later than thirteen
days following the day of a general or special election to be cast and
counted.
§ 4. Subdivision 1 of section 11-110 of the election law, as amended
by chapter 99 of the laws of 1989, is amended to read as follows:
1. To be counted, any ballot cast under the provisions of this article
must be received by the appropriate board of elections not later than
the close of the polls on election day except that all ballots contained
in envelopes showing a cancellation mark of the United States postal
service, or a foreign country's postal service with a date which is
ascertained to be not later than the day [before] OF THE election, shall
be cast and counted if received by the board of elections not later than
seven days following the day of election.
§ 5. Section 11-212 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
§ 11-212. Special federal ballots; deadline for receipt. All special
federal ballots received by the board of elections before the close of
the polls on election day shall be retained by the board of elections
and cast and canvassed pursuant to section 9-209 of this chapter. 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
government, with a date which is ascertained to be not later than the
day [before] OF THE election, shall be cast and counted if received by
the board of elections not later than seven days following the day of a
primary election or thirteen days following the day of a general or
special election [except that the special federal 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]. All ballots
received by the board of elections and all federal write-in ballots
received from special federal voters not later than seven days following
the day of a primary election or thirteen days following the day of a
general or special election, shall be retained at the board and shall be
cast and canvassed in the same manner as other ballots retained by such
board.
§ 6. Section 11-212 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
A. 6047--A 3
§ 11-212. Special federal ballots; deadline for receipt. All special
federal ballots received by the board of elections before the close of
the polls on election day shall be retained by the board of elections
and cast and canvassed pursuant to section 9-209 of this chapter. 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
government, with a date which is ascertained to be not later than the
day [before] OF THE election, shall be cast and counted if received by
the board of elections not later than seven days following the day of a
primary election or thirteen days following the day of a general or
special election except that the special federal 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. All ballots
received by the board of elections and all federal write-in ballots
received from special federal voters not later than seven days following
the day of a primary election or thirteen days following the day of a
general or special election, shall be retained at the board and shall be
cast and canvassed in the same manner as other ballots retained by such
board.
§ 7. This act shall take effect immediately; provided, however, that
sections one and five of this act shall expire and be deemed repealed on
December 31, 2021, when upon such date the provisions of section six of
this act shall take effect.