The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10744
 
                           I N  A S S E M B L Y
 
                               July 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Election Law
 
 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