Assembly Bill A10830

Signed By Governor
2019-2020 Legislative Session

Relates to providing voters an opportunity to contest challenges to absentee ballots

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8370 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10830 (ACTIVE) - Details

See Senate Version of this Bill:
S8370
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L

2019-A10830 (ACTIVE) - Summary

Relates to providing voters an opportunity to cure deficiencies regarding absentee ballots.

2019-A10830 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10830
 
                           I N  A S S E M B L Y
 
                               July 17, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   read once and referred to the Committee on Election Law
 
 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 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, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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