Bill Text: NY A10744 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to ballots where the express intent of the voter is unambiguous.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-07-09 - referred to election law [A10744 Detail]

Download: New_York-2019-A10744-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10744

                   IN ASSEMBLY

                                      July 9, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
          read once and referred to the Committee on Election Law

        AN ACT to amend the election law,  in  relation  to  ballots  where  the
          express intent of the voter is unambiguous

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

     1    Section 1. Section 8-410 of the election law, as  amended  by  chapter
     2  352 of the laws of 1986, is amended to read as follows:
     3    §  8-410. Absentee voting; method of. The absentee voter shall mark an
     4  absentee ballot as provided for paper ballots or  ballots  prepared  for
     5  counting  by  ballot  counting machines. He or she shall make no mark or
     6  writing whatsoever upon the ballot,  except  as  above  prescribed,  and
     7  shall see that it bears no such mark or writing. He or she shall make no
     8  mark  or writing whatsoever on the outside of the ballot. In cases where
     9  the express intent of the voter is unambiguous, any stray marks or writ-
    10  ing shall not be a basis for voiding a ballot. After marking the  ballot
    11  or ballots he or she shall fold each such ballot and enclose them in the
    12  envelope  and seal the envelope. He or she shall then take and subscribe
    13  the oath on the envelope, with blanks properly filled in. The  envelope,
    14  containing  the  ballot or ballots, shall then be mailed or delivered to
    15  the board of elections of the county or city of his or her residence.
    16    § 2. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
    17  law  is amended by adding three new subparagraphs (vii), (viii) and (ix)
    18  to read as follows:
    19    (vii) An absentee ballot may only be voided if the express  intent  of
    20  the  voter  is  not  clear and he or she has not otherwise substantially
    21  complied with the requirements of this chapter.
    22    (viii) An absentee ballot shall not be voided where the voter did  not
    23  date the ballot envelope or the date on the ballot is after the election
    24  if the ballot envelope bears a timestamp indicating it was timely mailed
    25  in accordance with this article.
    26    (ix)  In  cases  where the express intent of the voter is unambiguous,
    27  any stray marks or writing shall not be a basis for voiding an  absentee
    28  ballot.
    29    §  3.  This  act  shall  take  effect  immediately  and shall apply to
    30  elections occurring on or after such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16403-01-0