Bill Text: NY A06082 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides voters an opportunity to cure deficiencies regarding affidavit ballots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to election law [A06082 Detail]
Download: New_York-2021-A06082-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6082 2021-2022 Regular Sessions IN ASSEMBLY March 10, 2021 ___________ Introduced by M. of A. JACKSON -- read once and referred to the Commit- tee on Election Law 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 4 to read as follows: 3 4. (a) Upon the board of elections determination at or before the time 4 of canvass that an affidavit ballot envelope is incomplete or is in any 5 other manner defective, the board shall, within one day of such determi- 6 nation, send to the affidavit ballot voter's address indicated on the 7 affidavit ballot envelope, a notice explaining the reason for such 8 rejection and the procedure to cure the rejection. The board shall also 9 contact the voter by either electronic mail or telephone, if such infor- 10 mation is available to the board in the voter's ballot envelope informa- 11 tion, in order to notify the voter of the deficiency and the opportunity 12 and the process to cure the deficiency. 13 (b) The voter may cure the aforesaid defects by filing a duly signed 14 affirmation attesting to the same information required by the affirma- 15 tion envelope and attesting that the signer of the affirmation is the 16 same person who submitted such affidavit ballot. The board shall include 17 a form of such affirmation with the notice to the voter. The affirmation 18 shall be in a form prescribed by the state board of elections. 19 (c) Such cure affirmation shall be filed with the board no later than 20 seven business days after the board's mailing of such curable rejection 21 notice. Provided the board determines that such affirmation addresses 22 the curable defect, the rejected ballot shall be reinstated and duly 23 canvassed. If the board of elections is split as to the sufficiency of 24 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. LBD08781-01-1A. 6082 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.