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Senate Bill S8799A

Signed By Governor

2019-2020 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

co-Sponsors

2019-S8799 - Details

See Assembly Version of this Bill:
A10808
Law Section:
Election Law
Laws Affected:
Amd §8-412, El L

2019-S8799 - Summary

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

2019-S8799 - Sponsor Memo

2019-S8799 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8799
 
                             I N  S E N A T E
 
                               July 16, 2020
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation to the date of receipt  by
   the board of elections of 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 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  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.  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
 ON THE DAY AFTER THE ELECTION.
   § 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 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]  OF  THE  election  and received by such board of elections not
 later than seven days following the day  of  election  to  be  cast  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2019-S8799A (ACTIVE) - Details

See Assembly Version of this Bill:
A10808
Law Section:
Election Law
Laws Affected:
Amd §8-412, El L

2019-S8799A (ACTIVE) - Summary

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

2019-S8799A (ACTIVE) - Sponsor Memo

2019-S8799A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8799--A
 
                             I N  S E N A T E
 
                               July 16, 2020
                                ___________
 
 Introduced by Sens. GIANARIS, LIU -- read twice and ordered printed, and
   when  printed  to  be committed to the Committee on Rules -- committee
   discharged and said bill 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  the  receipt  by  the
   board  of elections of 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 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 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. FOR
 PURPOSES OF THIS SECTION, ANY ABSENTEE BALLOT RECEIVED BY THE  BOARD  OF
 ELECTIONS BY MAIL 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 ON THE DAY AFTER THE ELECTION.
   § 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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