NY State Senate Bill 2021-S6429

Senate Bill S6429

Signed By Governor

2021-2022 Legislative Session

Relates to the mailing and receipt of absentee ballots; and provides for the repeal of such provisions upon the expiration thereof

download bill text pdf

Archive: Last Bill Status Via A6047 - 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 16, 2021	signed chap.250
Jul 12, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.1354 substituted for s6429
Jun 09, 2021	substituted by a6047a
May 26, 2021	ordered to third reading cal.1354 committee discharged and committed to rules
Apr 28, 2021	referred to elections

Votes

- Jun 9, 2021 - Floor Vote
  A6047
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2021
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  May 26, 2021 - Rules Committee Vote
  S6429
  
  14
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 26, 2021
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (5)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Ortt
      
      Ritchie
      
      aye wr (2)
      
      Lanza
      
      O'Mara

co-Sponsors

2021-S6429 (ACTIVE) - Details

See Assembly Version of this Bill:: A6047
Law Section:: Election Law
Laws Affected:: Amd §§8-412, 9-209, 10-114, 11-110 & 11-212, El L

2021-S6429 (ACTIVE) - Summary

Relates to the mailing and receipt of absentee ballots; provides for the repeal of such provisions upon the expiration thereof.

2021-S6429 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6429

SPONSOR: GIANARIS
 
TITLE OF BILL:

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

 
PURPOSE:

This bill will temporarily eliminate the need to request an absentee
ballot via a signed absentee ballot application; this bill also allows
absentee ballots with a postmark/cancellation mark by the day of
election to be rendered a timely ballot.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill temporarily provides that a voter may request an
absentee ballot by letter rather than,by a signed absentee ballot appli-
cation.

Section 2 of the bill provides that a federal write-in absentee ballot
received after election day must contain a postmark/cancellation mark
dated not later than the day of the election.

Section 3 of the bill provides that a military ballot received after
election day must contain a postmark/cancellation mark, or a witness
thereto, dated not later than the day of the election.

Section 4 of the bill provides that a special presidential ballot
received after election day must contain a postmark/cancellation mark
dated not later than the day of the election.

Section 5 of the bill provides that a special federal ballot received
after election day must contain a postmark/cancellation mark dated not
later than the day of the election. It also temporarily provides that a
voter may request an absentee ballot by letter rather than by a signed
absentee ballot application.

Section 6 of the bill provides that a special federal ballot received
after election day must contain a postmark/cancellation mark dated not
later than the day of the election.

Section 7 sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

The bill permanently changes the last day for a postmark on a mailed
ballot to election day to conform to the hand-delivered ballot deadline.
The bill also temporarily allows voters flexibility when asking for an
absentee ballot during the coronavirus pandemic by permitting a ballot
to be requested without a signed absentee ballot application. The flexi-
bility in these measures is essential to upholding the integrity of NY
elections during a time when public health is at risk.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
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.

2021-S6429 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6429
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 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  section 2 of 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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09738-06-1

 S. 6429                             2
 
 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:
   §  11-212.  Special federal ballots; deadline for receipt. All special
 federal ballots received by the board of elections before the  close  of

 S. 6429                             3
 
 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
 December 31, 2021, when upon such date the provisions of section six  of
 this act shall take effect.

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Senate Bill S6429

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Sponsored By

Michael Gianaris