Bill Text: NY S05547 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides voters an opportunity to cure deficiencies regarding affidavit ballots in order to have their votes counted.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S05547 Detail]

Download: New_York-2023-S05547-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5547

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 8, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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  providing  voters  an
          opportunity to cure deficiencies regarding affidavit ballots

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 9-209 of the election law is amended  by  adding  a
     2  new subdivision 7-a to read as follows:
     3    7-a.  Curing  of  affidavit  ballot.  (a)  Upon the board of elections
     4  determination at or before the time of canvass that an affidavit  ballot
     5  envelope  is  incomplete  or is in any other manner defective, the board
     6  shall, within one day of  such  determination,  send  to  the  affidavit
     7  ballot  voter's  address  indicated  on the affidavit ballot envelope, a
     8  notice explaining the reason for such rejection  and  the  procedure  to
     9  cure  the  rejection.  The  board shall also contact the voter by either
    10  electronic mail or telephone, if such information is  available  to  the
    11  board in the voter's ballot envelope information, in order to notify the
    12  voter  of the deficiency and the opportunity and the process to cure the
    13  deficiency.
    14    (b) The voter may cure the aforesaid defects by filing a  duly  signed
    15  affirmation  attesting  to the same information required by the affirma-
    16  tion envelope and attesting that the signer of the  affirmation  is  the
    17  same person who submitted such affidavit ballot. The board shall include
    18  a form of such affirmation with the notice to the voter. The affirmation
    19  shall be in a form prescribed by the state board of elections.
    20    (c)  Such cure affirmation shall be filed with the board no later than
    21  seven business days after the board's mailing of such curable  rejection
    22  notice.    Provided the board determines that such affirmation addresses
    23  the curable defect, the rejected ballot shall  be  reinstated  and  duly
    24  canvassed.  If  the board of elections is split as to the sufficiency of
    25  the cure affirmation, such envelope shall be set aside  for  three  days

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03830-01-3
        S. 5547                             2

     1  and  then  canvassed  unless  the  board  is directed otherwise by court
     2  order.
     3    (d)  When  the  board of elections invalidates an affidavit ballot and
     4  the defect is not curable, the voter shall  be  notified  by  mail  sent
     5  within three business days of such rejection.
     6    §  2.  The  state  board of elections shall promulgate rules and regu-
     7  lations to implement this act.
     8    § 3. This act  shall  take  effect  immediately  and  shall  apply  to
     9  elections occurring on or after such effective date.