Senate Bill S253A

Signed By Governor
2021-2022 Legislative Session

Relates to ballots where the express intent of the voter is unambiguous

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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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Bill Amendments

co-Sponsors

2021-S253 - Details

See Assembly Version of this Bill:
A1144
Law Section:
Election Law
Laws Affected:
Amd §8-410, El L
Versions Introduced in 2019-2020 Legislative Session:
S8368, A10744

2021-S253 - Summary

Relates to ballots where the express intent of the voter is unambiguous.

2021-S253 - Sponsor Memo

2021-S253 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    253
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, COMRIE, GOUNARDES, HOYLMAN, LIU, MAY -- 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 ballots where the
   express intent of the voter is unambiguous

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  8-410 of the election law, as amended by chapter
 352 of the laws of 1986, is amended to read as follows:
   § 8-410. Absentee voting; method of. The absentee voter shall mark  an
 absentee  ballot  as  provided for paper ballots or ballots prepared for
 counting by ballot counting machines. He OR SHE shall make  no  mark  or
 writing  whatsoever  upon  the  ballot,  except as above prescribed, and
 shall see that it bears no such mark or writing. He OR SHE shall make no
 mark or writing whatsoever on the outside of the ballot. IN CASES  WHERE
 THE EXPRESS INTENT OF THE VOTER IS UNAMBIGUOUS, ANY STRAY MARKS OR WRIT-
 ING  SHALL NOT BE A BASIS FOR VOIDING A BALLOT. After marking the ballot
 or ballots he OR SHE shall fold each such ballot and enclose them in the
 envelope and seal the envelope. He OR SHE shall then take and  subscribe
 the  oath on the envelope, with blanks properly filled in. The envelope,
 containing the ballot or ballots, shall then be mailed or  delivered  to
 the board of elections of the county or city of his OR HER residence.
   §  2.  Paragraph (a) of subdivision 2 of section 9-209 of the election
 law is amended by adding three new subparagraphs (vii), (viii) and  (ix)
 to read as follows:
   (VII)  AN  ABSENTEE BALLOT MAY ONLY BE VOIDED IF THE EXPRESS INTENT OF
 THE VOTER IS NOT CLEAR AND HE OR SHE  HAS  NOT  OTHERWISE  SUBSTANTIALLY
 COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER.
   (VIII)  AN ABSENTEE BALLOT SHALL NOT BE VOIDED WHERE THE VOTER DID NOT
 DATE THE BALLOT ENVELOPE OR THE DATE ON THE BALLOT IS AFTER THE ELECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-S253A (ACTIVE) - Details

See Assembly Version of this Bill:
A1144
Law Section:
Election Law
Laws Affected:
Amd §8-410, El L
Versions Introduced in 2019-2020 Legislative Session:
S8368, A10744

2021-S253A (ACTIVE) - Summary

Relates to ballots where the express intent of the voter is unambiguous.

2021-S253A (ACTIVE) - Sponsor Memo

2021-S253A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  253--A
     Cal. No. 1
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  BIAGGI,  BRESLIN, BROUK, COMRIE,
   COONEY, GAUGHRAN, GOUNARDES, HINCHEY, HOYLMAN, JACKSON, KAPLAN, KENNE-
   DY, LIU, MANNION, MAY, PARKER, REICHLIN-MELNICK, SANDERS,  SERRANO  --
   read  twice  and  ordered printed, and when printed to be committed to
   the  Committee  on  Elections  --  recommitted  to  the  Committee  on
   Elections in accordance with Senate Rule 6, sec. 8 -- reported favora-
   bly  from  said  committee  and committed to the Committee on Rules --
   reported favorably from said committee, ordered to  a  third  reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  to  amend  the  election  law, in relation to ballots where the
   express intent of the voter is unambiguous
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  8-410 of the election law, as amended by chapter
 352 of the laws of 1986, is amended to read as follows:
   § 8-410. Absentee voting; method of. The absentee voter shall mark  an
 absentee  ballot  as  provided for paper ballots or ballots prepared for
 counting by ballot counting machines. He OR SHE shall make  no  mark  or
 writing  whatsoever  upon  the  ballot,  except as above prescribed, and
 shall see that it bears no such mark or writing. He OR SHE shall make no
 mark or writing whatsoever on the outside of the ballot. IN CASES  WHERE
 THE EXPRESS INTENT OF THE VOTER IS UNAMBIGUOUS, ANY STRAY MARKS OR WRIT-
 ING  SHALL NOT BE A BASIS FOR VOIDING A BALLOT. After marking the ballot
 or ballots he OR SHE shall fold each such ballot and enclose them in the
 envelope and seal the envelope. He OR SHE shall then take and  subscribe
 the  oath on the envelope, with blanks properly filled in. The envelope,
 containing the ballot or ballots, shall then be mailed or  delivered  to
 the board of elections of the county or city of his OR HER residence.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 elections occurring on or after such effective date.

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