|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 19, 2020||referred to elections|
senate Bill S8368
Current Bill Status - In Senate Committee Elections Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8368 (ACTIVE) - Details
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.
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.
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