Bill Text: NY S08947 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 8947 (Prior Session Legislation)

Introduced

Bill Title: Provides voters an opportunity to cure deficiencies regarding affidavit ballots.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-08-31 - REFERRED TO RULES [S08947 Detail]

Download: New_York-2019-S08947-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          8947

                    IN SENATE

                                     August 31, 2020
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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
    25  and then canvassed unless the  board  is  directed  otherwise  by  court
    26  order.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17059-01-0

        S. 8947                             2

     1    (d)  When  the  board of elections invalidates an affidavit ballot and
     2  the defect is not curable, the voter shall  be  notified  by  mail  sent
     3  within three business days of such rejection.
     4    §  2.  The  state  board of elections shall promulgate rules and regu-
     5  lations to implement this act.
     6    § 3. This act  shall  take  effect  immediately  and  shall  apply  to
     7  elections occurring on or after such effective date.