Senate Bill S9837

2023-2024 Legislative Session

Relates to curing ballots

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly

  • 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-S9837 (ACTIVE) - Details

See Assembly Version of this Bill:
A10541
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L

2023-S9837 (ACTIVE) - Summary

Requires the board of elections to provide a domestic postage paid return envelope which a voter may use to return a cure affirmation in paper form by mail; provides that a cure affirmation may be delivered in person, by mail or in electronic form as an attachment to an email.

2023-S9837 (ACTIVE) - Sponsor Memo

2023-S9837 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9837
 
                             I N  S E N A T E
 
                               June 3, 2024
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 curing ballots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (d) and (e) of subdivision 3 of section 9-209 of
 the  election  law,  as  amended by chapter 474 of the laws of 2023, are
 amended to read as follows:
   (d) The voter may cure the aforesaid defects by filing a  duly  signed
 affirmation  attesting  to  the  same information required by the ballot
 affirmation envelope and attesting that the signer of the affirmation is
 the same person who submitted such ballot envelope;  provided,  however,
 that  for the defect described in subparagraph (vii) of paragraph (b) of
 this subdivision, such affirmation shall  also  include  an  attestation
 that  the  voter  mailed the ballot envelope on or before the day of the
 election. The board shall include a form of such  affirmation  with  the
 notice  to  the  voter. The affirmation shall be in a form prescribed by
 the state board of elections, AND WITH SUCH  AFFIRMATION  THE  BOARD  OF
 ELECTIONS  SHALL  PROVIDE  TO  THE  VOTER A DOMESTIC POSTAGE PAID RETURN
 ENVELOPE WHICH MAY BE USED IF THE VOTER RETURNS THE CURE AFFIRMATION  IN
 PAPER  FORM  BY  MAIL.  A  CURE  AFFIRMATION, AT THE OPTION OF ANY VOTER
 SUBMITTING SUCH CURE AFFIRMATION, MAY BE TRANSMITTED  TO  THE  BOARD  OF
 ELECTIONS  IN  PERSON, BY MAIL OR IN ELECTRONIC FORM AS AN ATTACHMENT TO
 AN EMAIL. SUCH CURE AFFIRMATION MAY ALSO BE PROVIDED  TO  THE  BOARD  OF
 ELECTIONS  AS AN UPLOADED ELECTRONIC DOCUMENT IF SUCH BOARD OF ELECTIONS
 PROVIDES SUCH FUNCTIONALITY. THE CURE AFFIRMATION, WHETHER IN  PAPER  OR
 ELECTRONIC  FORM,  SHALL INCLUDE THE SIGNATURE OF THE VOTER DULY AFFIXED
 TO THE APPROPRIATELY COMPLETED CURE AFFIRMATION FORM.
   (e) Such cure affirmation shall be received by the board no later than
 seven business days after the board's mailing of such curable  rejection
 notice or [the day before] BY FIVE P.M. ON THE SEVENTH DAY FOLLOWING the
 election,  whichever  is  later. ANY CURE AFFIRMATION RECEIVED ELECTRON-
 ICALLY AS AN EMAIL ATTACHMENT OR BY UPLOAD PRIOR TO MIDNIGHT OF THE LAST
 DAY TO CURE IS TIMELY. Provided the board determines that such  affirma-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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