•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06047 Text:



 
                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.
Go to top