Senate Bill S2888

2023-2024 Legislative Session

Relates to certain absentee ballots received by a board of elections that do not bear or display a dated postmark

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Elections 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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2023-S2888 (ACTIVE) - Details

Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §8-412, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8367
2021-2022: S466

2023-S2888 (ACTIVE) - Summary

Relates to certain absentee ballots received by a board of elections that do not bear or display a dated postmark.

2023-S2888 (ACTIVE) - Sponsor Memo

2023-S2888 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2888
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sens. MYRIE, COMRIE, GOUNARDES, HOYLMAN-SIGAL, LIU, MAY,
   RAMOS -- 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 certain absentee
   ballots received by a board of elections that do not bear or display a
   dated postmark

   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] SUBMITTED TO 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  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 absen-
 tee 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 indicating  receipt  by  such  board  on  the  day  after  the
 election.  THE  BOARD  OF  ELECTIONS SHALL AFFIX TO EACH ABSENTEE BALLOT
 ENVELOPE A UNIQUE BAR CODE THAT PERMITS THE BOARD OF ELECTIONS TO ASCER-
 TAIN THE DATE UPON WHICH AN ABSENTEE BALLOT IS SUBMITTED TO  THE  UNITED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04097-01-3
 S. 2888                             2
              

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