Senate Bill S8370B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8370
 
                             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  providing  voters  an
   opportunity to contest challenges to absentee ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (d) of subdivision 2  of  section  9-209  of  the
 election  law, as amended by chapter 104 of the laws of 2010, is amended
 to read as follows:
   (d) Any person lawfully present may object to the refusal to  cast  or
 canvass any ballot on the grounds that the voter is a properly qualified
 voter  of  the election district, or in the case of a party primary duly
 enrolled in such party, or to the casting or canvassing of any ballot on
 the grounds that the voter is not a  properly  qualified  voter  of  the
 election  district,  or in the case of a party primary not duly enrolled
 in such party, or otherwise not entitled to cast such ballot.  When  any
 such  objection is made, the central board of inspectors shall forthwith
 proceed to determine such objection  and  reject  or  cast  such  ballot
 according to such determination.  BEFORE THE CENTRAL BOARD MAKES A FINAL
 DETERMINATION  TO  REJECT  A  CHALLENGED  BALLOT, IT SHALL SERVE WRITTEN
 NOTICE VIA CERTIFIED MAIL WITHIN TWENTY-FOUR HOURS TO THE VOTER DESCRIB-
 ING THE BASIS FOR THE CHALLENGE AND PROVIDE HIM OR HER WITH AN  OPPORTU-
 NITY  TO SUBMIT AN AFFIDAVIT OR OTHER SWORN STATEMENT, AS APPLICABLE, TO
 CURE OR ADDRESS ANY SUCH DEFICIENCY. THE VOTER SHALL HAVE  A  PERIOD  OF
 THREE  DAYS  FROM  THE DATE OF RECEIVING NOTIFICATION, BUT NO LATER THAN
 SEVEN DAYS FROM BEING MAILED SUCH NOTICE  TO  AVAIL  THEMSELVES  OF  THE
 OPPORTUNITY  TO CURE OR ADDRESS ANY SUCH DEFICIENCY. If the board cannot
 agree as to the validity of the ballot it shall set  the  ballot  aside,
 unopened,  for  a period of three days at which time the ballot envelope
 shall be opened and the vote counted unless  otherwise  directed  by  an
 order of the court.
   §  2.  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.
              

                                                            LBD16405-01-0

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8370--A
 
                             I N  S E N A T E
 
                               May 19, 2020
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BIAGGI,  COMRIE, GOUNARDES, HOYLMAN, MAY,
   RAMOS -- read twice and  ordered  printed,  and  when  printed  to  be
   committed  to the Committee on Elections -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the election law, in relation to providing voters an
   opportunity to cure deficiencies regarding absentee 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 two
 new subdivisions 3 and 3-a to read as follows:
   3. (A) UPON THE BOARD  OF  ELECTIONS  DETERMINATION  AT  THE  TIME  OF
 CANVASS THAT AN ABSENTEE BALLOT AFFIRMATION ENVELOPE IS UNSIGNED OR THAT
 AN  AFFIRMATION  BALLOT  ENVELOPE  SIGNATURE  DOES NOT CORRESPOND TO THE
 REGISTRATION SIGNATURE OR THERE IS NO REQUIRED WITNESS TO A MARK OR THAT
 THE ENVELOPE IS RETURNED WITHOUT AN AFFIRMATION ENVELOPE IN  THE  RETURN
 ENVELOPE, THE BOARD SHALL, WITHIN ONE DAY OF SUCH DETERMINATION, SEND TO
 THE  ABSENTEE VOTER'S ADDRESS INDICATED IN THE REGISTRATION RECORDS AND,
 IF DIFFERENT, THE MAILING  ADDRESS  INDICATED  ON  THE  ABSENTEE  BALLOT
 APPLICATION,  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 INFORMATION IS AVAILABLE
 TO THE BOARD IN THE VOTER'S REGISTRATION INFORMATION, 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 ABSENTEE BALLOT ENVELOPE. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16405-05-0

 S. 8370--A                          2
 
 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.
   (D)  WHEN THE BOARD OF ELECTIONS INVALIDATES A BALLOT ENVELOPE AND THE
 DEFECT IS NOT CURABLE, THE VOTER SHALL BE NOTIFIED BY MAIL  SENT  WITHIN
 THREE BUSINESS DAYS OF SUCH REJECTION.
   3-A.  IF  AN  ABSENTEE  BALLOT AFFIRMATION ENVELOPE IS RECEIVED BY THE
 BOARD OF ELECTIONS PRIOR TO THE ELECTION AND IS FOUND TO BE UNSEALED AND
 THUS INVALID, THE BOARD SHALL FORTHWITH NOTIFY THE VOTER OF SUCH  DEFECT
 AND  NOTIFY THE VOTER OF OTHER OPTIONS FOR VOTING, AND, IF TIME PERMITS,
 PROVIDE THE VOTER WITH A NEW ABSENTEE BALLOT.
   § 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.