Bill Text: NY A01188 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that the determination of the board of elections to issue a voter an absentee, military or special ballot shall only be challenged by a judicial proceeding in supreme court and that the board of elections and the voter whose application is challenged shall be necessary parties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to election law [A01188 Detail]
Download: New_York-2021-A01188-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1188 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ Introduced by M. of A. SEAWRIGHT -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to the canvass of absen- tee, military and special ballots The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 9-209 of the election law is 2 amended by adding a new paragraph (d) to read as follows: 3 (d) The determination of the board of elections to issue a voter an 4 absentee, military or special ballot pursuant to article eleven of this 5 chapter shall only be challenged by means of a judicial proceeding in 6 the supreme court of the state of New York instituted not later than 7 three days after such determination, and the board of elections and the 8 voter whose application is challenged shall be necessary parties to such 9 proceeding. Notwithstanding any inconsistent provision of this chapter, 10 at the time of canvass a challenge to the casting and canvassing of an 11 absentee, military or special ballot shall not be sustained if: (i) the 12 basis of such challenge pertains in any manner to an alleged deficiency 13 in the application for such ballot; and (ii) a proceeding with respect 14 to such application was not commenced as required by this paragraph. If 15 a proceeding has been commenced with respect to an application for an 16 absentee, military or special ballot and is still pending at the time of 17 the canvass, the returned ballot envelope shall be set aside until the 18 court determines the validity of such application. 19 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05632-01-1