assembly Bill A10744

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 09, 2020 referred to election law

Co-Sponsors

A10744 (ACTIVE) - Details

See Senate Version of this Bill:
S8368
Law Section:
Election Law
Laws Affected:
Amd §§8-410 & 9-209, El L

A10744 (ACTIVE) - Summary

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

A10744 (ACTIVE) - Bill Text download pdf


                    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.