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Assembly Bill A6727

2017-2018 Legislative Session

Relates to the canvass of absentee, military and special ballots

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Archive: Last Bill Status - In Assembly Committee

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2017-A6727 (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1621
2021-2022: A1188

2017-A6727 (ACTIVE) - Summary

Provides that the determination of the board of elections to issue a voter an absentee, military or special ballot shall only be challenged by a judicial proceeding in supreme court and that the board of elections and the voter whose application is challenged shall be necessary parties.

2017-A6727 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6727
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in relation to the canvass  of  absen-
   tee, military and special ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section  9-209  of  the  election  law  is
 amended by adding a new paragraph (d) to read as follows:
   (D)  THE  DETERMINATION  OF THE BOARD OF ELECTIONS TO ISSUE A VOTER AN
 ABSENTEE, MILITARY OR SPECIAL BALLOT PURSUANT TO ARTICLE ELEVEN OF  THIS
 CHAPTER  SHALL  ONLY  BE CHALLENGED BY MEANS OF A JUDICIAL PROCEEDING IN
 THE SUPREME COURT OF THE STATE OF NEW YORK  INSTITUTED  NOT  LATER  THAN
 THREE  DAYS AFTER SUCH DETERMINATION, AND THE BOARD OF ELECTIONS AND THE
 VOTER WHOSE APPLICATION IS CHALLENGED SHALL BE NECESSARY PARTIES TO SUCH
 PROCEEDING. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  CHAPTER,
 AT  THE  TIME OF CANVASS A CHALLENGE TO THE CASTING AND CANVASSING OF AN
 ABSENTEE, MILITARY OR SPECIAL BALLOT SHALL NOT BE SUSTAINED IF: (I)  THE
 BASIS  OF SUCH CHALLENGE PERTAINS IN ANY MANNER TO AN ALLEGED DEFICIENCY
 IN THE APPLICATION FOR SUCH BALLOT; AND (II) A PROCEEDING  WITH  RESPECT
 TO  SUCH APPLICATION WAS NOT COMMENCED AS REQUIRED BY THIS PARAGRAPH. IF
 A PROCEEDING HAS BEEN COMMENCED WITH RESPECT TO AN  APPLICATION  FOR  AN
 ABSENTEE, MILITARY OR SPECIAL BALLOT AND IS STILL PENDING AT THE TIME OF
 THE  CANVASS,  THE RETURNED BALLOT ENVELOPE SHALL BE SET ASIDE UNTIL THE
 COURT DETERMINES THE VALIDITY OF SUCH APPLICATION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10345-01-7

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