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Assembly Bill A10746A

2019-2020 Legislative Session

Relates to ballots submitted in envelopes that are partially sealed or sealed with tape, paste, or any other binding agent or device

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2019-A10746 - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1084
2023-2024: A1177

2019-A10746 - Summary

Relates to ballots submitted in envelopes that are partially sealed or sealed with tape, paste, or any other binding agent or device.

2019-A10746 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10746
 
                           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  submitted  in
   envelopes that are partially sealed or sealed with tape, paste, or any
   other binding agent or device
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (A) of subparagraph (i) of paragraph (a) of subdivi-
 sion 2 of section 9-209 of the election law, as amended by  chapter  308
 of the laws of 2011, is amended to read as follows:
   (A)  If  a  person whose name is on an envelope as a voter has already
 voted in person at such election, or if his or her name and residence as
 stated on the envelope are not on a registration  poll  record,  or  the
 computer  generated  list  of  registered  voters or the list of special
 presidential voters, or if there is no name on the envelope, or  if  the
 envelope  is  not  sealed,  such  envelope shall be laid aside unopened.
 PROVIDED HOWEVER, IF A BALLOT ENVELOPE IS  PARTIALLY  SEALED  OR  SEALED
 WITH TAPE, PASTE, OR ANY OTHER BINDING AGENT OR DEVICE, THE BOARD SHALL,
 PRIOR  TO  CERTIFYING  THE ELECTION RESULTS, MAKE A GOOD FAITH EFFORT TO
 CONTACT THE VOTER, WHICH MAY INCLUDE, BUT NOT BE LIMITED  TO  CONTACTING
 THE  VOTER  BY  ELECTRONIC MAIL OR PHONE, IF HIS OR HER EMAIL ADDRESS OR
 TELEPHONE NUMBER HAS BEEN PROVIDED BY THE VOTER OR IS  OTHERWISE  AVAIL-
 ABLE  TO THE BOARD. IF THE VOTER CAN VERIFY IN WRITING TO THE BOARD THAT
 THE VOTER COMPLETED  THE  BALLOT  AND  SUBMITTED  THE  ENVELOPE  IN  THE
 OBSERVED CONDITION, THE BOARD SHALL CAST AND CANVASS SUCH BALLOT.
   §  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.
                                                            LBD16406-01-0

co-Sponsors

2019-A10746A (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1084
2023-2024: A1177

2019-A10746A (ACTIVE) - Summary

Relates to ballots submitted in envelopes that are partially sealed or sealed with tape, paste, or any other binding agent or device.

2019-A10746A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10746--A
 
                           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,
   Simotas, Barnwell, Simon, Griffin) -- read once and  referred  to  the
   Committee  on  Election  Law  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to  ballots  submitted  in
   envelopes that are partially sealed or sealed with tape, paste, or any
   other binding agent or device
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (a) of subdivision 3 of  section  9-209  of  the
 election law, as added by chapter 141 of the laws of 2020, is amended to
 read as follows:
   (a) Upon the board of elections determination at or before 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  OR  THAT  AN AFFIRMATION ENVELOPE IS SIGNED BY THE PERSON THAT
 HAS PROVIDED ASSISTANCE TO THE VOTER BUT IS NOT SIGNED OR MARKED BY  THE
 VOTER  THEMSELVES  OR  THAT THE VOTER HAS FAILED TO SIGN THE AFFIRMATION
 ENVELOPE AND SOMEONE ELSE HAS SIGNED THE  AFFIRMATION OR THAT  A  BALLOT
 ENVELOPE  IS  PARTIALLY  SEALED, OR SEALED WITH TAPE, PASTE OR ANY OTHER
 BINDING AGENT OR DEVICE, the board shall, within one day of such  deter-
 mination,  send  to the absentee voter's address indicated in the regis-
 tration 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 infor-
 mation  is  available  to the board in the voter's registration informa-
 tion, in order to notify the voter of the deficiency and the opportunity
 and the process to cure the deficiency.
   § 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.

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