STATE OF NEW YORK
________________________________________________________________________
6047--A
Cal. No. 207
2021-2022 Regular Sessions
IN ASSEMBLY
March 5, 2021
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Election Law -- reported from committee, advanced to
a third reading, amended and ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the election law, in relation to the mailing and receipt
of absentee ballots; and to provide for the repeal of such provisions
upon the expiration thereof
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 the United States
7 postal service or a foreign country's postal service, or showing a dated
8 endorsement of receipt by another agency of the United States govern-
9 ment, with a date which is ascertained to be not later than the day of
10 the election and received by such board of elections not later than
11 seven days following the day of election to be cast and counted [except
12 that the absentee ballot of a voter who requested such ballot by letter,
13 rather than application, shall not be counted unless a valid application
14 form, signed by such voter, is received by the board of elections with
15 such ballot]. For purposes of this section, any absentee ballot received
16 by the board of elections by mail that does not bear or display a dated
17 postmark shall be presumed to have been timely mailed or delivered if
18 such ballot bears a time stamp of the receiving board of elections indi-
19 cating receipt by such board on the day after the election.
20 § 2. Subparagraph (iii) of paragraph (b) of subdivision 2 of section
21 9-209 of the election law, as amended by chapter 104 of the laws of
22 2010, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09738-05-1
A. 6047--A 2
1 (iii) If such a federal write-in absentee ballot is received after
2 election day, the envelope in which it is received must contain: (A) a
3 cancellation mark of the United States postal service or a foreign coun-
4 try's postal service; (B) a dated endorsement of receipt by another
5 agency of the United States government; or (C) if cast by a military
6 voter, the signature and date of the voter and one witness thereto with
7 a date which is ascertained to be not later than the day [before] of the
8 election [day].
9 § 3. Subdivision 1 of section 10-114 of the election law, as amended
10 by chapter 165 of the laws of 2009, is amended to read as follows:
11 1. The board of elections shall cause all military ballots received by
12 it before the close of the polls on election day and all ballots
13 contained in envelopes showing a cancellation mark of the United States
14 postal service or a foreign country's postal service, or showing a dated
15 endorsement of receipt by another agency of the United States government
16 or are signed and dated by the voter and one witness thereto, with a
17 date which is ascertained to be not later than the day [before] of the
18 election and received by such board of elections not later than seven
19 days following the day of a primary election and not later than thirteen
20 days following the day of a general or special election to be cast and
21 counted.
22 § 4. Subdivision 1 of section 11-110 of the election law, as amended
23 by chapter 99 of the laws of 1989, is amended to read as follows:
24 1. To be counted, any ballot cast under the provisions of this article
25 must be received by the appropriate board of elections not later than
26 the close of the polls on election day except that all ballots contained
27 in envelopes showing a cancellation mark of the United States postal
28 service, or a foreign country's postal service with a date which is
29 ascertained to be not later than the day [before] of the election, shall
30 be cast and counted if received by the board of elections not later than
31 seven days following the day of election.
32 § 5. Section 11-212 of the election law, as amended by chapter 163 of
33 the laws of 2010, is amended to read as follows:
34 § 11-212. Special federal ballots; deadline for receipt. All special
35 federal ballots received by the board of elections before the close of
36 the polls on election day shall be retained by the board of elections
37 and cast and canvassed pursuant to section 9-209 of this chapter. All
38 ballots contained in envelopes showing a cancellation mark of the United
39 States postal service or a foreign country's postal service, or showing
40 a dated endorsement of receipt by another agency of the United States
41 government, with a date which is ascertained to be not later than the
42 day [before] of the election, shall be cast and counted if received by
43 the board of elections not later than seven days following the day of a
44 primary election or thirteen days following the day of a general or
45 special election [except that the special federal ballot of a voter who
46 requested such ballot by letter, rather than application, shall not be
47 counted unless a valid application form, signed by such voter, is
48 received by the board of elections with such ballot]. All ballots
49 received by the board of elections and all federal write-in ballots
50 received from special federal voters not later than seven days following
51 the day of a primary election or thirteen days following the day of a
52 general or special election, shall be retained at the board and shall be
53 cast and canvassed in the same manner as other ballots retained by such
54 board.
55 § 6. Section 11-212 of the election law, as amended by chapter 163 of
56 the laws of 2010, is amended to read as follows:
A. 6047--A 3
1 § 11-212. Special federal ballots; deadline for receipt. All special
2 federal ballots received by the board of elections before the close of
3 the polls on election day shall be retained by the board of elections
4 and cast and canvassed pursuant to section 9-209 of this chapter. All
5 ballots contained in envelopes showing a cancellation mark of the United
6 States postal service or a foreign country's postal service, or showing
7 a dated endorsement of receipt by another agency of the United States
8 government, with a date which is ascertained to be not later than the
9 day [before] of the election, shall be cast and counted if received by
10 the board of elections not later than seven days following the day of a
11 primary election or thirteen days following the day of a general or
12 special election except that the special federal ballot of a voter who
13 requested such ballot by letter, rather than application, shall not be
14 counted unless a valid application form, signed by such voter, is
15 received by the board of elections with such ballot. All ballots
16 received by the board of elections and all federal write-in ballots
17 received from special federal voters not later than seven days following
18 the day of a primary election or thirteen days following the day of a
19 general or special election, shall be retained at the board and shall be
20 cast and canvassed in the same manner as other ballots retained by such
21 board.
22 § 7. This act shall take effect immediately; provided, however, that
23 sections one and five of this act shall expire and be deemed repealed on
24 December 31, 2021, when upon such date the provisions of section six of
25 this act shall take effect.
