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S01576 Summary:

BILL NOS01576
 
SAME ASSAME AS A03243
 
SPONSORBORRELLO
 
COSPNSROBERACKER
 
MLTSPNSR
 
Amd §§8-302 & 8-412, El L
 
Requires voters voting by affidavit ballot to produce an identification document to verify residency in the election district; requires absentee ballots to be received by election day, or be post-marked by the first day of early voting.
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S01576 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1576
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2025
                                       ___________
 
        Introduced  by Sen. BORRELLO -- 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 requirements for  affi-
          davit ballots and absentee ballots
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 2-b of section  8-302  of  the
     2  election  law,  as  amended by section 8 of part XX of chapter 55 of the
     3  laws of 2019 and such subdivision as renumbered by chapter  763  of  the
     4  laws of 2021, is amended to read as follows:
     5    (c)  [If  the voter does not produce an identification document listed
     6  in paragraph (a) of this subdivision, the voter shall only  be  entitled
     7  to  vote  by affidavit ballot unless a court order provides otherwise] A
     8  voter voting by affidavit ballot shall be required to produce  an  iden-
     9  tification document listed in paragraph (a) of this subdivision. If such
    10  identification  document  is  an  identification  document  listed under
    11  subparagraph (ii) of paragraph (a) of this  subdivision,  such  document
    12  shall  have been issued or created not more than one hundred twenty days
    13  prior to the election. If such identification document exists  in  elec-
    14  tronic form, such voter shall produce a printed copy of such identifica-
    15  tion document.
    16    §  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
    17  8-302 of the election law, as separately amended by chapters 479 and 481
    18  of the laws of 2023, is amended to read as follows:
    19    (ii) They may swear to and subscribe an affidavit  stating  that  they
    20  have duly registered to vote, the address in such election district from
    21  which  they  registered, that they remain a duly qualified voter in such
    22  election district, that their registration poll  record  appears  to  be
    23  lost  or misplaced or that their name and/or their signature was omitted
    24  from the computer generated registration list or such  record  indicates
    25  the  voter already voted when they did not do so or that they have moved
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04630-01-5

        S. 1576                             2
 
     1  within New York state since they last registered, the address from which
     2  they were previously registered and the address at which they  currently
     3  reside, and at a primary election, the party in which they are enrolled,
     4  or that such voter is eligible to vote pursuant to section 8-604 of this
     5  article.  The  inspectors  of  election shall offer such an affidavit to
     6  each such voter whose residence address is in  such  election  district,
     7  after  such  voter  has  produced an identification document pursuant to
     8  paragraph (c) of subdivision two-b of this section. Each such  affidavit
     9  shall  be in a form prescribed by the state board of elections, shall be
    10  printed on an envelope of the size and quality used for  an  early  mail
    11  ballot  envelope,  and  shall contain an acknowledgment that the affiant
    12  understands that any false statement made therein is perjury  punishable
    13  according  to  law. Such form prescribed by the state board of elections
    14  shall request information required to register  such  voter  should  the
    15  county  board  determine that such voter is not yet registered and shall
    16  constitute an application to register to vote. The voter's name and  the
    17  entries required shall then be entered without delay and without further
    18  inquiry  in  the  fourth section of the challenge report or in the place
    19  provided in the computer generated registration list, with the  notation
    20  that the voter has executed the affidavit hereinabove prescribed, or, if
    21  such  person's  name  appears  in  such  registration list, the board of
    22  elections may provide a place to make such entry next to their  name  in
    23  such  list.  The voter shall then, without further inquiry, be permitted
    24  to vote an affidavit ballot provided for by this  chapter.  Such  ballot
    25  shall  thereupon  be  placed in the envelope containing their affidavit,
    26  and the envelope sealed and returned to the board of  elections  in  the
    27  manner  provided by this chapter for protested official ballots, includ-
    28  ing a statement of the number of such ballots. If a  voter  registration
    29  application  for  a voter who casts an affidavit ballot pursuant to this
    30  subparagraph was received by a board of elections by the tenth day prior
    31  to the election, the board shall cast and count an affidavit ballot from
    32  such voter, if  otherwise  valid,  notwithstanding  the  fact  that  the
    33  voter's  name  was  omitted  from  a registration poll record or list of
    34  registered voters.
    35    § 3. Subdivision 1 of section 8-412 of the election law, as amended by
    36  chapter 500 of the laws of 2024, is amended to read as follows:
    37    1. The board of elections shall cause all absentee ballots received by
    38  it before the close of  the  polls  on  election  day  and  all  ballots
    39  contained  in envelopes showing a cancellation mark of the United States
    40  postal service or a foreign country's postal service, or showing a dated
    41  endorsement of receipt by another agency of the  United  States  govern-
    42  ment,  with  a  date which is ascertained to be not later than the first
    43  day of early voting for the election  and  received  by  such  board  of
    44  elections  not later than seven days following the day of election to be
    45  cast and counted  except  that  the  absentee  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. For purposes of
    49  this section, any absentee ballot received by the board of elections  by
    50  mail that does not bear or display a dated postmark shall be presumed to
    51  have  been  timely mailed or delivered if such ballot bears a time stamp
    52  of the receiving board of elections indicating receipt by such board  on
    53  the  day  [after]  of the election. For the purposes of this section, an
    54  absentee ballot shall be deemed to be received by the board of elections
    55  before the close of the polls on election day if it is deposited  in  an
    56  absentee  ballot  drop  box  before  the close of polls on election day.

        S. 1576                             3
 
     1  Ballots received in accordance with this section shall be deemed  timely
     2  and  the  failure  of  a  board  of elections to time stamp such ballots
     3  received in this manner on or before election day shall not prohibit the
     4  canvassing  of  such ballots. At the close of the polls on election day,
     5  the board of elections shall close every absentee ballot  drop  box  and
     6  collect absentee ballots deposited in such absentee ballot drop box.
     7    § 4. This act shall take effect immediately.
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