senate Bill S8367A

2019-2020 Legislative Session

Relates to certain absentee ballots received by a board of elections that do not bear or display a dated postmark

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Sponsored By

Current Bill Status - In Senate Committee Elections Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2020 print number 8367a
Jul 22, 2020 amend and recommit to elections
May 19, 2020 referred to elections

Co-Sponsors

view additional co-sponsors

S8367 - Details

Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §8-412, El L

S8367 - Summary

Relates to certain absentee ballots received by a board of elections that do not bear or display a dated postmark.

S8367 - Sponsor Memo

S8367 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8367

                            I N  S E N A T E

                              May 19, 2020
                               ___________

Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the  election  law,  in  relation  to  certain  absentee
  ballots received by a board of elections that do not bear or display a
  dated postmark

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 8-412  of  the  election  law,  as
amended  by  chapter  155  of  the  laws  of 1994, is amended to read as
follows:
  1. The board of elections shall cause all absentee ballots received by
it before the close of  the  polls  on  election  day  and  all  ballots
contained  in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the  United  States  govern-
ment,  with  a  date  which  is ascertained to be not later than the day
before election and received by such board of elections not  later  than
seven  days  following the day of election to be cast and counted except
that the absentee ballot of a voter who requested such ballot by letter,
rather than application, shall not be counted unless a valid application
form, signed by such voter, is received by the board of  elections  with
such  ballot. FOR PURPOSES OF THIS SECTION, ANY ABSENTEE BALLOT RECEIVED
BY THE BOARD OF ELECTIONS NO LATER THAN SEVEN DAYS FOLLOWING THE DAY  OF
THE  ELECTION  THAT  DOES  NOT BEAR OR DISPLAY A DATED POSTMARK SHALL BE
PRESUMED TO HAVE BEEN TIMELY MAILED OR DELIVERED IF SUCH BALLOT BEARS  A
TIME  STAMP  OF  THE  RECEIVING BOARD OF ELECTIONS INDICATING RECEIPT BY
SUCH BOARD.
  § 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.
                                                           LBD16404-01-0

Co-Sponsors

view additional co-sponsors

S8367A (ACTIVE) - Details

Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §8-412, El L

S8367A (ACTIVE) - Summary

Relates to certain absentee ballots received by a board of elections that do not bear or display a dated postmark.

S8367A (ACTIVE) - Sponsor Memo

S8367A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8367--A

                            I N  S E N A T E

                              May 19, 2020
                               ___________

Introduced  by Sens. MYRIE, COMRIE, GOUNARDES, HOYLMAN, LIU, MAY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Elections -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  election  law,  in  relation  to  certain  absentee
  ballots received by a board of elections that do not bear or display a
  dated postmark

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 8-412  of  the  election  law,  as
amended  by  chapter  91  of  the  laws  of  2020, is amended to read as
follows:
  1. The board of elections shall cause all absentee ballots received by
it before the close of  the  polls  on  election  day  and  all  ballots
contained in envelopes [showing a cancellation mark of] SUBMITTED TO the
United  States  postal service or a foreign country's postal service, or
[showing a dated endorsement of receipt by] another agency of the United
States government, with a date which is ascertained to be not later than
the day of the election and received by  such  board  of  elections  not
later  than  seven  days  following  the  day of election to be cast and
counted.  THE BOARD OF ELECTIONS SHALL AFFIX  TO  EACH  ABSENTEE  BALLOT
ENVELOPE A UNIQUE BAR CODE THAT PERMITS THE BOARD OF ELECTIONS TO ASCER-
TAIN  THE  DATE UPON WHICH AN ABSENTEE BALLOT IS SUBMITTED TO THE UNITED
STATES POSTAL SERVICE OR A FOREIGN COUNTRY'S POSTAL SERVICE, OR  ANOTHER
AGENCY OF THE UNITED STATES GOVERNMENT.
  § 2. Subdivision 1 of section 8-412 of the election law, as amended by
chapter 155 of the laws of 1994, is amended to read as follows:
  1. The board of elections shall cause all absentee ballots received by
it  before  the  close  of  the  polls  on  election day and all ballots
contained in envelopes [showing a cancellation mark of] SUBMITTED TO the
United States postal service or a foreign country's postal  service,  or
[showing a dated endorsement of receipt by] another agency of the United
States government, with a date which is ascertained to be not later than
the day [before] OF THE election and received by such board of elections

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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