Bill Text: NY S02888 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to certain absentee ballots received by a board of elections that do not bear or display a dated postmark.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S02888 Detail]

Download: New_York-2023-S02888-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2888

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 25, 2023
                                       ___________

        Introduced  by  Sens. MYRIE, COMRIE, GOUNARDES, HOYLMAN-SIGAL, LIU, MAY,
          RAMOS -- 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 certain absentee
          ballots received by a board of elections that do not bear or display a
          dated postmark

          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 8-412 of the election law, as
     2  amended by chapter 140 of the laws  of  2020,  is  amended  to  read  as
     3  follows:
     4    1. The board of elections shall cause all absentee ballots received by
     5  it  before  the  close  of  the  polls  on  election day and all ballots
     6  contained in envelopes [showing a cancellation mark of] submitted to the
     7  United States postal service or a foreign country's postal  service,  or
     8  [showing a dated endorsement of receipt by] another agency of the United
     9  States government, with a date which is ascertained to be not later than
    10  the  day  of  the  election  and received by such board of elections not
    11  later than seven days following the day  of  election  to  be  cast  and
    12  counted  except  that  the absentee ballot of a voter who requested such
    13  ballot by letter, rather than application, shall not be counted unless a
    14  valid application form, signed by such voter, is received by  the  board
    15  of  elections with such ballot. For purposes of this section, any absen-
    16  tee ballot received by the board of elections by mail that does not bear
    17  or display a dated postmark shall be presumed to have been timely mailed
    18  or delivered if such ballot bears a time stamp of the receiving board of
    19  elections indicating  receipt  by  such  board  on  the  day  after  the
    20  election.  The  board  of  elections shall affix to each absentee ballot
    21  envelope a unique bar code that permits the board of elections to ascer-
    22  tain the date upon which an absentee ballot is submitted to  the  United

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04097-01-3
        S. 2888                             2

     1  States  postal service or a foreign country's postal service, or another
     2  agency of the United States government.
     3    §  2. Subdivision 2 of section 8-412 of the election law is renumbered
     4  subdivision 3 and a new subdivision 2 is added to read as follows:
     5    2. An absentee ballot that has no cancellation  mark,  a  cancellation
     6  mark  with  no  date,  or  an  illegible cancellation mark, and no other
     7  information is available from the United  States  postal  service  or  a
     8  foreign country's postal service, or another agency of the United States
     9  government to indicate the date on which the absentee ballot was mailed,
    10  the absentee ballot shall be timely cast and canvassed if it is received
    11  by  the board of elections through the United States postal service or a
    12  foreign country's postal service or another agency of the United  States
    13  government, no later than the seventh day after the election day and the
    14  absentee  ballot affidavit envelope is signed and dated on or before the
    15  day of election.
    16    § 3. This act  shall  take  effect  immediately  and  shall  apply  to
    17  elections occurring on or after such effective date.