Assembly Bill A10940

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10940
 
                           I N  A S S E M B L Y
 
                              August 17, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Carroll) --
   read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to casting and  canvassing
   of absentee, military, special presidential, special federal and other
   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,  as
 amended  by  chapter  104  of  the  laws  of 2010, is amended to read as
 follows:
   1. (a) The board of elections shall designate itself or  such  of  its
 employees  as  it shall deem appropriate as a set of poll clerks to cast
 and canvass such ballots, and [fix a time and place  for  their  meeting
 for such purpose, provided that such meeting shall be no more than four-
 teen  days  after  a  general or special election and no more than eight
 days after a primary election at which such ballots are voted] ESTABLISH
 A PROCEDURE WHICH PROVIDES  FOR  THE  CASTING  AND  CANVASSING  OF  SUCH
 BALLOTS  AS SUCH BALLOTS ARE RECEIVED BY THE BOARD. The board may desig-
 nate additional sets of poll clerks and if it designates more  than  one
 such set shall apportion among all such sets the election districts from
 which  such  ballots  have been received, provided that all such ballots
 from a single election district shall be assigned to  a  single  set  of
 clerks,  and  that each such set shall be divided equally between repre-
 sentatives of the two major political parties. Each such set  of  clerks
 shall  be  deemed  a  central  board  of inspectors for purposes of this
 section.
   (b) At least five days prior to the  [time  fixed  for  such  meeting]
 EARLIEST  DAY  A  BOARD COULD RECEIVE SUCH BALLOTS, the board shall send
 notice by first class mail to each candidate, political party, and inde-
 pendent body entitled to have had watchers present at the polls  in  any
 election  district  in the board's jurisdiction. Such notice shall state
 the [time and place fixed] PROCEDURE ESTABLISHED by the board  for  such
 canvass.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD17112-01-0

 A. 10940                            2
 
   (c)  Each  such candidate, political party, and independent body shall
 be entitled to appoint such number  of  watchers  to  attend  upon  each
 central board of inspectors as such candidate, political party, or inde-
 pendent  body  was  entitled  to  appoint  at  such  election in any one
 election  district  for which such central board of inspectors is desig-
 nated to act.
   § 2. The opening paragraph of subparagraph (i)  of  paragraph  (a)  of
 subdivision  2 of section 9-209 of the election law, as amended by chap-
 ter 308 of the laws of 2011, is amended and a new clause (F) is added to
 read as follows:
   Upon assembling at the time and place [fixed for such meeting] SET  IN
 THE  PROCEDURE  ESTABLISHED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE
 OF THIS SECTION, each central board of inspectors shall  examine,  cast,
 and canvass the envelopes and the ballots therein contained as nearly as
 practicable in the following manner:
   (F) WHERE AN ENVELOPE OR BALLOT IS LAID ASIDE, REJECTED OR SUCCESSFUL-
 LY  CHALLENGED  PRIOR  TO THE DATE OF SUCH ELECTION AND THE BOARD DETER-
 MINES THAT THE PERSON WHO SUBMITTED SUCH ENVELOPE OR BALLOT WAS ENTITLED
 TO VOTE AT SUCH ELECTION, THE  BOARD  OF  ELECTIONS  SHALL  NOTIFY  SUCH
 PERSON  AND  PROVIDE  THE  OPPORTUNITY  TO  CORRECT ANY DEFECT WITH SUCH
 ENVELOPE OR BALLOT, AS APPLICABLE.
   § 3. Section 8-302 of the election law is  amended  by  adding  a  new
 subdivision 2-b to read as follows:
   2-B.  IF  A  VOTER'S  NAME APPEARS IN THE LEDGER OR COMPUTER GENERATED
 REGISTRATION LIST WITH A NOTATION INDICATING THAT THE VOTER HAS  ALREADY
 VOTED  BY  ABSENTEE,  MILITARY, SPECIAL PRESIDENTIAL, SPECIAL FEDERAL OR
 OTHER SPECIAL BALLOT, SUCH VOTER SHALL ONLY BE ENTITLED TO VOTE BY AFFI-
 DAVIT BALLOT.
   § 4. This act  shall  take  effect  immediately  and  shall  apply  to
 elections held on or after such date.