Bill Text: NY S07404 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that absentee ballots may be canvassed at the poll site on election day; provides that representatives of candidates, parties, or independent bodies may be present to observe the review of affidavit ballot envelopes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S07404 Detail]

Download: New_York-2023-S07404-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7404--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 23, 2023
                                       ___________

        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Elections  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the election law, in relation to canvassing of absentee
          and affidavit ballots

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

     1    Section  1.  Subdivision  3  of  section 9-110 of the election law, as
     2  amended by chapter 437 of the laws  of  2019,  is  amended  to  read  as
     3  follows:
     4    3.  Nothing  in  this  section shall be construed to require or permit
     5  absentee or affidavit ballots to  be  canvassed  at  the  poll  site  on
     6  election day.  Such ballots shall be canvassed pursuant to section 9-209
     7  of this article. Nothing in this section prohibits a representative of a
     8  candidate,  political  party,  or  independent  body  entitled to have a
     9  watcher present at the polls  from  observing,  without  objection,  the
    10  canvass of ballots.
    11    §  2.  Subdivision 5 of section 9-209 of the election law, as added by
    12  chapter 763 of the laws of 2021, is amended to read as follows:
    13    5. Nothing in this section prohibits a representative of a  candidate,
    14  political  party,  or independent body entitled to have watchers present
    15  at the polls in any election district in the board's  jurisdiction  from
    16  observing, without objection, the review of ballot envelopes required by
    17  subdivisions two, three [and], four, and seven of this section.
    18    §  3. Subdivision 7 of section 9-209 of the election law is amended by
    19  adding a new paragraph (l) to read as follows:
    20    (l) The provisions of this subdivision shall apply notwithstanding any
    21  other provision of this chapter.
    22    § 4. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11559-02-3