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.
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