S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2854
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. KOLB -- Multi-Sponsored by -- M. of A. GIGLIO --
   read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to absentee voting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (c)  of  subdivision 2 of section 8-400 of the
 election law, as amended by chapter 321 of the laws of 1988, is  amended
 to read as follows:
   (c)  All  applications  must  be  mailed to the board of elections not
 later than the seventh day before the election for  which  a  ballot  is
 first  requested or delivered IN PERSON OR BY OVERNIGHT DELIVERY SERVICE
 to such board not later than the day before such election.
   § 2. Subdivision 10 of section 8-400 of the election law,  as  amended
 by  chapter  373  of the laws of 1986 and as renumbered by chapter 40 of
 the laws of 2009, is amended to read as follows:
   10. The state board of elections shall prescribe a  standard  applica-
 tion  form  for  use under this section. The use of any application form
 which substantially complies with the provisions of this  section  shall
 be acceptable and any application filed on such a form shall be accepted
 for  filing.    NOTHING  IN  THIS SECTION SHALL PROHIBIT THE PRINTING OF
 MATERIAL ON THE REVERSE SIDE OF THE APPLICATION BY PARTIES OR CANDIDATES
 ADVISING OF A PENDING ELECTION.
   § 3. Subdivision 1 of section 8-407 of the election law, as amended by
 chapter 195 of the laws of 2001, is amended to read as follows:
   1. The board of elections of a  county  or  city  in  which  there  is
 located  at least one facility operated or licensed, or under the juris-
 diction of, the department of mental hygiene, or a facility defined as a
 nursing home or residential health care facility  pursuant  to  subdivi-
 sions  two  and  three  of section two thousand eight hundred one of the
 public health law or an adult care facility subject to the provisions of
 title two of article seven of the social services law, or a hospital  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03327-01-7

 A. 2854                             2
 
 other  facility operated by the [Veteran's Administration of the] United
 States DEPARTMENT OF VETERANS AFFAIRS shall provide  that  residents  of
 each such facility for which such board has received twenty-five or more
 applications  for  absentee ballots from voters who are eligible to vote
 by absentee ballot in such city or county at such election, may vote  by
 absentee  ballot  only  in  the  manner  provided for in this section OR
 SECTION 8-406 OF THIS TITLE. Such board may, in its discretion,  provide
 that  the procedure described in this subdivision shall be applicable to
 all such facilities in such county or city without regard to the  number
 of  absentee ballot applications received from the residents of any such
 facility.
   § 4. Subdivision 2 of section 9-108 of the election law, as amended by
 chapter 334 of the laws of 2013, is amended to read as follows:
   2. If the ballots found in any box OR ENVELOPE shall be more than  the
 number  of ballots so shown to have been deposited therein, such ballots
 shall all be replaced, without being unfolded, in the  box  OR  ENVELOPE
 from which they were taken, and shall be thoroughly mingled therein, and
 one  of  the  inspectors  shall,  with  his  or  her  back to the box OR
 ENVELOPE, publicly draw out as many ballots as shall be  equal  to  such
 excess  and,  without  unfolding them forthwith shall enclose them in an
 envelope which he or she shall then and there seal and  endorse  "excess
 ballots  for  the  general  election,  presidential  electors,  or party
 ballots or otherwise", as the case may be, and shall  sign  his  or  her
 name  thereto,  and  place  such  envelope  in  the box for defective or
 spoiled ballots.
   § 5. Subdivision 1 of section 9-112 of the election law, as amended by
 chapter 334 of the laws of 2013, is amended to read as follows:
   1. The whole ballot is void if the  voter  (a)  does  any  act  INTEN-
 TIONALLY  OR  RECKLESSLY  extrinsic  to the ballot such as enclosing any
 paper or other article in the folded ballot or (b) defaces or tears  the
 ballot  except  that a ballot card which is in perforated sections shall
 not be void because it has been separated into sections or (c) makes any
 erasure thereon or (d) makes any mark thereon other than a cross X  mark
 or  a  check V mark in a voting square, or filling in the voting square,
 or (e) writes, other than in the space provided, a name for the  purpose
 of voting; except that an erasure or a mark other than a valid mark made
 in  a  voting square shall not make the ballot void, but shall render it
 blank as to the office, party position or ballot proposal in  connection
 with  which  it  is  made. No ballot shall be declared void or partially
 blank because a mark thereon is irregular in form WHERE  THE  INTENT  OF
 THE  VOTER  IS  MANIFESTLY CLEAR. The term "voting square" shall include
 the voting space provided for a voter to mark his  or  her  vote  for  a
 candidate  or  ballot  proposal.  NO  BALLOT  SHALL  BE DECLARED VOID OR
 PARTIALLY BLANK IF SUCH BALLOT HAS  BEEN  TORN  OR  DEFACED  AFTER  SUCH
 BALLOT  HAS  BEEN  MAILED BY THE VOTER BUT PRIOR TO ITS RECEPTION BY THE
 BOARD OF ELECTIONS.
   § 6. This act shall take effect January 1, 2018 and shall apply to all
 elections or primaries conducted on or after such date; provided, howev-
 er, that effective immediately the addition, amendment and/or repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date is authorized and directed to be made  and  completed
 on or before such effective date.