senate Bill S8370B

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2020 returned to senate
passed assembly
ordered to third reading rules cal.347
substituted for a10830
Jul 22, 2020 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.904
Jul 21, 2020 reported and committed to rules
Jul 17, 2020 print number 8370b
Jul 17, 2020 amend and recommit to elections
Jul 16, 2020 print number 8370a
Jul 16, 2020 amend (t) and recommit to elections
May 19, 2020 referred to elections

Votes

view votes

Jul 22, 2020 - Rules committee Vote

S8370B
12
7
committee
12
Aye
7
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jul 21, 2020 - Elections committee Vote

S8370B
5
2
committee
5
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Elections committee vote details

Elections Committee Vote: Jul 21, 2020

nay (2)

Co-Sponsors

view additional co-sponsors

S8370 - Details

See Assembly Version of this Bill:
A10830
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L

S8370 - Summary

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

S8370 - Sponsor Memo

S8370 - Bill Text download pdf


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

                                  8370

                            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  providing  voters  an
  opportunity to contest challenges to absentee ballots

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

  Section 1. Paragraph (d) of subdivision 2  of  section  9-209  of  the
election  law, as amended by chapter 104 of the laws of 2010, is amended
to read as follows:
  (d) Any person lawfully present may object to the refusal to  cast  or
canvass any ballot on the grounds that the voter is a properly qualified
voter  of  the election district, or in the case of a party primary duly
enrolled in such party, or to the casting or canvassing of any ballot on
the grounds that the voter is not a  properly  qualified  voter  of  the
election  district,  or in the case of a party primary not duly enrolled
in such party, or otherwise not entitled to cast such ballot.  When  any
such  objection is made, the central board of inspectors shall forthwith
proceed to determine such objection  and  reject  or  cast  such  ballot
according to such determination.  BEFORE THE CENTRAL BOARD MAKES A FINAL
DETERMINATION  TO  REJECT  A  CHALLENGED  BALLOT, IT SHALL SERVE WRITTEN
NOTICE VIA CERTIFIED MAIL WITHIN TWENTY-FOUR HOURS TO THE VOTER DESCRIB-
ING THE BASIS FOR THE CHALLENGE AND PROVIDE HIM OR HER WITH AN  OPPORTU-
NITY  TO SUBMIT AN AFFIDAVIT OR OTHER SWORN STATEMENT, AS APPLICABLE, TO
CURE OR ADDRESS ANY SUCH DEFICIENCY. THE VOTER SHALL HAVE  A  PERIOD  OF
THREE  DAYS  FROM  THE DATE OF RECEIVING NOTIFICATION, BUT NO LATER THAN
SEVEN DAYS FROM BEING MAILED SUCH NOTICE  TO  AVAIL  THEMSELVES  OF  THE
OPPORTUNITY  TO CURE OR ADDRESS ANY SUCH DEFICIENCY. If the board cannot
agree as to the validity of the ballot it shall set  the  ballot  aside,
unopened,  for  a period of three days at which time the ballot envelope
shall be opened and the vote counted unless  otherwise  directed  by  an
order of the court.
  §  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.

Co-Sponsors

view additional co-sponsors

S8370A - Details

See Assembly Version of this Bill:
A10830
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L

S8370A - Summary

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

S8370A - Sponsor Memo

S8370A - Bill Text download pdf


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

                                 8370--A

                            I N  S E N A T E

                              May 19, 2020
                               ___________

Introduced  by  Sens.  MYRIE,  BIAGGI,  COMRIE, GOUNARDES, HOYLMAN, MAY,
  RAMOS -- 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  commit-
  tee

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  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

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

Co-Sponsors

view additional co-sponsors

S8370B (ACTIVE) - Details

See Assembly Version of this Bill:
A10830
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L

S8370B (ACTIVE) - Summary

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

S8370B (ACTIVE) - Sponsor Memo

S8370B (ACTIVE) - Bill Text download pdf


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

                                 8370--B

                            I N  S E N A T E

                              May 19, 2020
                               ___________

Introduced by Sens. MYRIE, BIAGGI, COMRIE, GOUNARDES, HOYLMAN, LIU, MAY,
  RAMOS  --  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 commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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