NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1177
SPONSOR: Paulin TITLE OF BILL:
An act to amend the election law, in relation to ballots submitted in
envelopes that are sealed with tape, paste or any other binding agent or
device and have no indication of tampering
TITLE OF BILL:
An act to amend the election law, in relation to ballots submitted in
envelopes that are sealed with tape, paste or any other binding agent or
device and have no indication of tampering
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that absentee ballots may still be counted despite minor
defects observed on the affirmation envelope.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph g of subdivision 3 of section 9-209 of the
election law to provide that ballot envelopes are not invalid and do not
require a cure if the ballot envelope is sealed with tape, paste, or any
other binding agent or device and have no indication of tampering
Section 2 provides that this act shall take effective immediately.
JUSTIFICATION:
Given the COVID-19 pandemic, more New Yorkers have been voting by absen-
tee ballot than ever before. For many voters, this has been their first
time going through the process of mail-in voting, and for many local
boards of elections, this has been their first time processing this
volume of absentee ballots. This leaves voters susceptible to having
their ballots disqualified altogether based on inconsistent treatment of
affirmation envelopes.
While the process for reviewing absentee ballots was amended by Chapter
763 of 2021, there was one potential scenario not addressed in that
legislation. If a voter seals the affirmation envelope for their ballot
with tape, paste or some other binding agent or device, a local board of
elections could consider that to be a defect, and the voter's ballot may
not be counted. Voters should not have their ballot automatically
rejected simply because they have sealed the envelope with tape if the
ballot is otherwise valid.
We should not allow voters to be silenced and their ballots be disquali-
fied as a result of a lack of voter education or experience with the
absentee voting process or an inconsistent treatment of affirmation
envelopes by boards of elections. This bill ensures that absentee
ballots will still be counted regardless of the mechanism used by the
voter to seal the affirmation envelope.
PRIOR LEGISLATIVE HISTORY:
A.1084-A of 2021 and 2022, passed Assembly. Same as S.327-A of 2021 and
2022, referred to Elections.
A.10746-A of 2020, referred to Election Law
FISCAL IMPLICATIONS:
Not determined.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to elections
occurring on or after such effective date.
