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Assembly Bill A1084A

2021-2022 Legislative Session

Relates to ballots submitted in envelopes that are sealed and have no indication of tampering

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Archive: Last Bill Status - In Senate Committee Elections Committee

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Bill Amendments

2021-A1084 - Details

See Senate Version of this Bill:
S327
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10746, S8369
2023-2024: A1177, S6195

2021-A1084 - Summary

Relates to ballots submitted in envelopes that are sealed with tape, paste or any other binding agent or device and have no indication of tampering.

2021-A1084 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1084
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced by 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.    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.

co-Sponsors

2021-A1084A (ACTIVE) - Details

See Senate Version of this Bill:
S327
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §9-209, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10746, S8369
2023-2024: A1177, S6195

2021-A1084A (ACTIVE) - Summary

Relates to ballots submitted in envelopes that are sealed with tape, paste or any other binding agent or device and have no indication of tampering.

2021-A1084A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1084--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Election  Law  --  recommitted to the Committee on Election Law in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the election law, in relation to  ballots  submitted  in
   envelopes  that are sealed with tape, paste or any other binding agent
   or device and have no indication of tampering
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (g)  of  subdivision 3 of section 9-209 of the
 election law, as added by chapter 763 of the laws of 2021, is amended to
 read as follows:
   (g) Ballot envelopes are not invalid and do not require a cure if: (i)
 a ballot envelope is undated or has the wrong date, provided it is post-
 marked on or prior to election day or is otherwise  received  timely  by
 the  board  of  elections;  (ii)  the  voter signed or marked the ballot
 affirmation envelope at a place on the envelope other  than  the  desig-
 nated  signature  line;  (iii) a voter used a combination of ink (of any
 color) or pencil to complete the ballot envelope; (iv) papers  found  in
 the  ballot  envelope  with  the  ballot are materials from the board of
 elections, such as instructions or an application sent by the  board  of
 elections;  (v) an extrinsic mark or tear on the ballot envelope appears
 to be there as a result of the ordinary course of mailing  or  transmit-
 tal;  [or]  (vi)  THE BALLOT ENVELOPE IS SEALED USING TAPE, PASTE OR ANY
 OTHER BINDING AGENT OR DEVICE AND THERE IS NO INDICATION  OF  TAMPERING;
 OR (VII) the ballot envelope is partially unsealed but there is no abil-
 ity to access the 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.
                                                            LBD02103-04-2

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