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Assembly Bill A10808A

Signed By Governor

2019-2020 Legislative Session

Relates to the receipt by the board of elections of certain absentee ballots received by a board of elections that do not bear or display a dated postmark

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8799 - Signed by Governor

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Bill Amendments

2019-A10808 - Details

See Senate Version of this Bill:
S8799
Law Section:
Election Law
Laws Affected:
Amd §8-412, El L

2019-A10808 - Summary

Relates to the receipt by the board of elections of certain absentee ballots received by a board of elections that do not bear or display a dated postmark.

2019-A10808 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10808
 
                           I N  A S S E M B L Y
 
                               July 15, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bichotte) --
   read once and referred to the Committee on Election Law
 
 AN  ACT to amend the election law, in relation to the date of receipt by
   the board of elections of certain absentee ballots received by a board
   of elections that do not bear or display a dated postmark

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 8-412  of  the  election  law,  as
 amended    by  chapter 91 of   the  laws  of 2020, is amended to read as
 follows:
   1. The board of elections shall cause all absentee ballots received by
 it before the close of  the  polls  on  election  day  and  all  ballots
 contained  in envelopes showing a cancellation mark of the United States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the  United  States  govern-
 ment,  with  a date which is ascertained to be not later than the day of
 the election and received by such board  of  elections  not  later  than
 seven  days  following  the  day of election to be cast and counted. FOR
 PURPOSES OF THIS SECTION, ANY ABSENTEE BALLOT RECEIVED BY THE  BOARD  OF
 ELECTIONS  NO  LATER THAN SEVEN DAYS FOLLOWING THE DAY  OF THE  ELECTION
 THAT  DOES  NOT BEAR OR DISPLAY A DATED POSTMARK SHALL  BE  PRESUMED  TO
 HAVE BEEN TIMELY MAILED OR DELIVERED IF SUCH BALLOT BEARS  A TIME  STAMP
 OF   THE   RECEIVING BOARD OF ELECTIONS INDICATING RECEIPT BY SUCH BOARD
 ON THE DAY AFTER THE ELECTION.
   § 2. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 155 of the laws of 1994, is amended to read as follows:
   1. The board of elections shall cause all absentee ballots received by
 it before the close of  the  polls  on  election  day  and  all  ballots
 contained  in envelopes showing a cancellation mark of the United States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the  United  States  govern-
 ment,  with  a  date  which  is ascertained to be not later than the day
 [before] OF THE election and received by such  board  of  elections  not
 later  than  seven  days  following  the  day of election to be cast and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2019-A10808A (ACTIVE) - Details

See Senate Version of this Bill:
S8799
Law Section:
Election Law
Laws Affected:
Amd §8-412, El L

2019-A10808A (ACTIVE) - Summary

Relates to the receipt by the board of elections of certain absentee ballots received by a board of elections that do not bear or display a dated postmark.

2019-A10808A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10808--A
 
                           I N  A S S E M B L Y
 
                               July 15, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bichotte) --
   read  once  and referred to the Committee on Election Law -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the election law, in relation  to  the  receipt  by  the
   board  of elections of certain absentee ballots received by a board of
   elections that do not bear or display a dated postmark
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 8-412  of  the  election  law,  as
 amended    by  chapter 91 of   the  laws  of 2020, is amended to read as
 follows:
   1. The board of elections shall cause all absentee ballots received by
 it before the close of  the  polls  on  election  day  and  all  ballots
 contained  in envelopes showing a cancellation mark of the United States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the  United  States  govern-
 ment,  with  a date which is ascertained to be not later than the day of
 the election and received by such board  of  elections  not  later  than
 seven  days  following  the  day of election to be cast and counted. FOR
 PURPOSES OF THIS SECTION, ANY ABSENTEE BALLOT RECEIVED BY THE  BOARD  OF
 ELECTIONS BY MAIL THAT  DOES  NOT BEAR OR DISPLAY A DATED POSTMARK SHALL
 BE PRESUMED TO HAVE BEEN TIMELY MAILED OR DELIVERED IF SUCH BALLOT BEARS
 A  TIME  STAMP  OF  THE  RECEIVING BOARD OF ELECTIONS INDICATING RECEIPT
 BY SUCH BOARD ON THE DAY AFTER THE ELECTION.
   § 2. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 155 of the laws of 1994, is amended to read as follows:
   1. The board of elections shall cause all absentee ballots received by
 it before the close of  the  polls  on  election  day  and  all  ballots
 contained  in envelopes showing a cancellation mark of the United States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the  United  States  govern-
 ment,  with  a  date  which  is ascertained to be not later than the day
 [before] OF THE election and received by such  board  of  elections  not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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