Assembly Bill A10943

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10943
 
                           I N  A S S E M B L Y
 
                              August 17, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Blake) --
   read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation  to  providing  voters  an
   opportunity to cure deficiencies regarding affidavit ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 9-209 of the election law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4. (A) UPON THE BOARD OF ELECTIONS DETERMINATION AT OR BEFORE THE TIME
 OF  CANVASS THAT AN AFFIDAVIT BALLOT ENVELOPE IS INCOMPLETE OR IS IN ANY
 OTHER MANNER DEFECTIVE, THE BOARD SHALL, WITHIN ONE DAY OF SUCH DETERMI-
 NATION, SEND TO THE AFFIDAVIT BALLOT VOTER'S ADDRESS  INDICATED  ON  THE
 AFFIDAVIT  BALLOT  ENVELOPE,  A  NOTICE  EXPLAINING  THE REASON FOR SUCH
 REJECTION AND THE PROCEDURE TO CURE THE REJECTION. THE BOARD SHALL  ALSO
 CONTACT THE VOTER BY EITHER ELECTRONIC MAIL OR TELEPHONE, IF SUCH INFOR-
 MATION IS AVAILABLE TO THE BOARD IN THE VOTER'S BALLOT ENVELOPE INFORMA-
 TION, IN ORDER TO NOTIFY THE VOTER OF THE DEFICIENCY AND THE OPPORTUNITY
 AND THE PROCESS TO CURE THE DEFICIENCY.
   (B)  THE  VOTER MAY CURE THE AFORESAID DEFECTS BY FILING A DULY SIGNED
 AFFIRMATION ATTESTING TO THE SAME INFORMATION REQUIRED BY  THE  AFFIRMA-
 TION  ENVELOPE  AND  ATTESTING THAT THE SIGNER OF THE AFFIRMATION IS THE
 SAME PERSON WHO SUBMITTED SUCH AFFIDAVIT BALLOT. THE BOARD SHALL INCLUDE
 A FORM OF SUCH AFFIRMATION WITH THE NOTICE TO THE VOTER. THE AFFIRMATION
 SHALL BE IN A FORM PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   (C) SUCH CURE AFFIRMATION SHALL BE FILED WITH THE BOARD NO LATER  THAN
 SEVEN  BUSINESS DAYS AFTER THE BOARD'S MAILING OF SUCH CURABLE REJECTION
 NOTICE.  PROVIDED THE BOARD DETERMINES THAT SUCH  AFFIRMATION  ADDRESSES
 THE  CURABLE  DEFECT,  THE  REJECTED BALLOT SHALL BE REINSTATED AND DULY
 CANVASSED. IF THE BOARD OF ELECTIONS IS SPLIT AS TO THE  SUFFICIENCY  OF
 THE  CURE  AFFIRMATION,  SUCH ENVELOPE SHALL BE SET ASIDE FOR THREE DAYS
 AND THEN CANVASSED UNLESS THE  BOARD  IS  DIRECTED  OTHERWISE  BY  COURT
 ORDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17059-01-0
              

 A. 10943                            2
 
   (D)  WHEN  THE  BOARD OF ELECTIONS INVALIDATES AN AFFIDAVIT BALLOT AND
 THE DEFECT IS NOT CURABLE, THE VOTER SHALL  BE  NOTIFIED  BY  MAIL  SENT
 WITHIN THREE BUSINESS DAYS OF SUCH REJECTION.
   §  2.  The  state  board of elections shall promulgate rules and regu-
 lations to implement this act.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 elections occurring on or after such effective date.