Bill Text: NY S01116 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits ballot harvesting; prohibits a person from submitting an application for an absentee ballot on behalf of a voter without notarized consent; permits family members, caregivers and other officials to submit applications.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-05-15 - REPORTED AND COMMITTED TO CODES [S01116 Detail]

Download: New_York-2023-S01116-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1116

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced  by  Sens.  BORRELLO, HELMING, O'MARA, ORTT -- 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 prohibiting ballot
          harvesting

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

     1    Section  1.  The election law is amended by adding a new section 8-416
     2  to read as follows:
     3    § 8-416. Ballot harvesting prohibited. 1.  It  shall  be  an  unlawful
     4  practice  for any person to engage in ballot harvesting. For purposes of
     5  this section, ballot harvesting shall include:
     6    (a) the making or submission of an application for an absentee ballot,
     7  pursuant to section 8-400 of this article, on behalf of  another  voter,
     8  unless done in accordance with subdivision two of this section; and
     9    (b)   the  collection,  distribution  or  submission  to  a  board  of
    10  elections, of voted or unvoted absentee ballots, unless done in  accord-
    11  ance with subdivision three of this section.
    12    2. A person may submit an application for an absentee ballot on behalf
    13  of  another  voter, if the voter has signed the absentee ballot applica-
    14  tion, and if:
    15    (a) the person submitting such application for an absentee  ballot  on
    16  behalf of the other voter, is a family member of the other voter, within
    17  three degrees of consanguinity; or
    18    (b)  a  voter  has  executed a signed, written, notarized consent, not
    19  more than thirty days prior to the date of the application,  authorizing
    20  the person submitting the application for an absentee ballot to do so on
    21  the  voter's  behalf,  and such person submitting the application for an
    22  absentee ballot on such other voter's behalf  also  files  such  signed,
    23  written, notarized consent with the local board of elections at the time
    24  of  submitting such application for the absentee ballot, and such person

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03784-01-3
        S. 1116                             2

     1  submitting the application for an absentee ballot on the  other  voter's
     2  behalf has not submitted any other absentee ballot application on behalf
     3  of any other voter under this subdivision.
     4    3. A person may collect, distribute or submit to a board of elections,
     5  a  voted or unvoted absentee ballot, if such person collecting, distrib-
     6  uting or submitting such ballot is:
     7    (a) a family member of the voter, to whom the absentee ballot belongs,
     8  within three degrees of consanguinity; or
     9    (b) a caregiver of the voter, to whom the absentee ballot belongs,  if
    10  such  voter  has  filed  with the board of elections, a signed, written,
    11  notarized statement executed by the voter, that such person so  collect-
    12  ing, distributing and/or submitting the ballot on the voter's behalf, is
    13  in fact a caregiver of the voter, with permission to collect, distribute
    14  and/or submit such voter's absentee ballot; or
    15    (c)  an  election  official employed by the board of elections, who at
    16  the time of the collection, distribution or submission of such  absentee
    17  ballot, was exclusively engaged in and performing their official duties;
    18  or
    19    (d)  a  United  States postal service employee, who at the time of the
    20  collection, distribution or submission  of  such  absentee  ballot,  was
    21  exclusively engaged in and performing their official duties; or
    22    (e)  a  delivery  courier  hired  by  the  voter whose ballot is being
    23  collected, distributed or submitted, who at the time of the  collection,
    24  distribution  or  submission  of  such  absentee ballot, was exclusively
    25  engaged in and performing their official duties.
    26    § 2. The election law is amended by adding a  new  section  17-172  to
    27  read as follows:
    28    §  17-172.  Ballot  harvesting. 1. Any person who willfully engages in
    29  unlawful ballot harvesting, pursuant to section 8-416 of  this  chapter,
    30  shall be guilty of a class D felony.
    31    2.  Any  person who engages in unlawful ballot harvesting, pursuant to
    32  section 8-416 of this chapter, shall be guilty of a class A misdemeanor.
    33    § 3. This act shall take effect on the first of November next succeed-
    34  ing the date on which it shall have become a law.