NY State Senate Bill S8368

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2020	referred to elections

Co-Sponsors

S8368 (ACTIVE) - Details

See Assembly Version of this Bill:: A10744
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§8-410 & 9-209, El L
Versions Introduced in 2021-2022 Legislative Session:: S253, A1144

S8368 (ACTIVE) - Summary

Relates to ballots where the express intent of the voter is unambiguous.

S8368 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8368

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to ballots where the
express intent of the voter is unambiguous

 
PURPOSE:

To safeguard the constitutional right of absentee voters to have their
votes counted when there are stray marks or writing on an absentee
ballot as long as the express intent of the voter is unambiguous.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-410, which deals with completion of
absentee ballots, to provide that any stray marks or writing shall not
be a basis for voiding a ballot as long as the express intent of the
voter is unambiguous.

Section 2 amends Election Law 9-209(2)(a) by adding new subparagraphs

(vii), (viii) and (ix) as follows:

(vii) provides that an absentee ballot may be voided but only if the
express intent of the voter is not clear and if that voter has not
otherwise substantially complied with the requirements of the Election
Law.

(viii) provides that when an absentee voter does not date the absentee
ballot envelope or if the date on the ballot is "after" the election,
the ballot shall not be voided provided the ballot envelope has a times-
tamp indicating it was timely mailed in accordance with the Election
Law.

(ix) provides that where the express intent of the voter is unambiguous
any stray marks or writing shall not be a basis for voiding an absentee
ballot.

 
JUSTIFICATION:

Many voters will utilize absentee ballots in order to safely participate
in their democracy during the COVID-19 pandemic. Easing technicalities
that make it difficult for absentee ballots to be counted will protect
the franchise not just during this pandemic, but also in our elections
going forward. The foregoing amendments will eliminate costly legal
formalisms that have the potential to disenfranchise voters when their
expressed intentions are clear.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to elections
occurring on or after such effective date.

S8368 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8368

                            I N  S E N A T E

                              May 19, 2020
                               ___________

Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law,  in  relation  to  ballots  where  the
  express intent of the voter is unambiguous

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 8-410 of the election law, as  amended  by  chapter
352 of the laws of 1986, is amended to read as follows:
  §  8-410. Absentee voting; method of. The absentee voter shall mark an
absentee ballot as provided for paper ballots or  ballots  prepared  for
counting  by  ballot  counting machines. He OR SHE shall make no mark or
writing whatsoever upon the ballot,  except  as  above  prescribed,  and
shall see that it bears no such mark or writing. He OR SHE shall make no
mark  or writing whatsoever on the outside of the ballot. IN CASES WHERE
THE EXPRESS INTENT OF THE VOTER IS UNAMBIGUOUS, ANY STRAY MARKS OR WRIT-
ING SHALL NOT BE A BASIS FOR VOIDING A BALLOT. After marking the  ballot
or ballots he OR SHE shall fold each such ballot and enclose them in the
envelope  and seal the envelope. He OR SHE shall then take and subscribe
the oath on the envelope, with blanks properly filled in. The  envelope,
containing  the  ballot or ballots, shall then be mailed or delivered to
the board of elections of the county or city of his OR HER residence.
  § 2. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
law  is amended by adding three new subparagraphs (vii), (viii) and (ix)
to read as follows:
  (VII) AN ABSENTEE BALLOT MAY ONLY BE VOIDED IF THE EXPRESS  INTENT  OF
THE  VOTER  IS  NOT  CLEAR AND HE OR SHE HAS NOT OTHERWISE SUBSTANTIALLY
COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER.
  (VIII) AN ABSENTEE BALLOT SHALL NOT BE VOIDED WHERE THE VOTER DID  NOT
DATE THE BALLOT ENVELOPE OR THE DATE ON THE BALLOT IS AFTER THE ELECTION
IF THE BALLOT ENVELOPE BEARS A TIMESTAMP INDICATING IT WAS TIMELY MAILED
IN ACCORDANCE WITH THIS ARTICLE.
  (IX)  IN  CASES  WHERE THE EXPRESS INTENT OF THE VOTER IS UNAMBIGUOUS,
ANY STRAY MARKS OR WRITING SHALL NOT BE A BASIS FOR VOIDING AN  ABSENTEE
BALLOT.
  §  3.  This  act  shall  take  effect  immediately  and shall apply to
elections occurring on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16403-01-0

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The New York State Senate

senate Bill S8368

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

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Co-Sponsors

S8368 (ACTIVE) - Details

S8368 (ACTIVE) - Summary

S8368 (ACTIVE) - Sponsor Memo

S8368 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8368

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Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Your Voice

Actions

Co-Sponsors

S8368 (ACTIVE) - Details

S8368 (ACTIVE) - Summary

S8368 (ACTIVE) - Sponsor Memo

S8368 (ACTIVE) - Bill Text download pdf

Comments