assembly Bill A1144

2021-2022 Legislative Session

Relates to ballots where the express intent of the voter is unambiguous

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 07, 2021 referred to election law

A1144 (ACTIVE) - Details

See Senate Version of this Bill:
S253
Law Section:
Election Law
Laws Affected:
Amd §§8-410 & 9-209, El L
Versions Introduced in 2019-2020 Legislative Session:
A10744, S8368

A1144 (ACTIVE) - Summary

Relates to ballots where the express intent of the voter is unambiguous.

A1144 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1144
 
                        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 where the
   express intent of the voter is unambiguous
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  8-410 of the election law, as amended by chapter
 352 of the laws of 1986, is amended to read as follows:
   § 8-410. Absentee voting; method of. The absentee voter shall mark  an
 absentee  ballot  as  provided for paper ballots or ballots prepared for
 counting by ballot counting machines. He OR SHE shall make  no  mark  or
 writing  whatsoever  upon  the  ballot,  except as above prescribed, and
 shall see that it bears no such mark or writing. He OR SHE shall make no
 mark or writing whatsoever on the outside of the ballot. IN CASES  WHERE
 THE EXPRESS INTENT OF THE VOTER IS UNAMBIGUOUS, ANY STRAY MARKS OR WRIT-
 ING  SHALL NOT BE A BASIS FOR VOIDING A BALLOT. After marking the ballot
 or ballots he OR SHE shall fold each such ballot and enclose them in the
 envelope and seal the envelope. He OR SHE shall then take and  subscribe
 the  oath on the envelope, with blanks properly filled in. The envelope,
 containing the ballot or ballots, shall then be mailed or  delivered  to
 the board of elections of the county or city of his OR HER residence.
   §  2.  Paragraph (a) of subdivision 2 of section 9-209 of the election
 law is amended by adding three new subparagraphs (vii), (viii) and  (ix)
 to read as follows:
   (VII)  AN  ABSENTEE BALLOT MAY ONLY BE VOIDED IF THE EXPRESS INTENT OF
 THE VOTER IS NOT CLEAR AND HE OR SHE  HAS  NOT  OTHERWISE  SUBSTANTIALLY
 COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER.
   (VIII)  AN ABSENTEE BALLOT SHALL NOT BE VOIDED WHERE THE VOTER DID NOT
 DATE THE BALLOT ENVELOPE OR THE DATE ON THE BALLOT IS AFTER THE ELECTION
 IF THE BALLOT ENVELOPE BEARS A TIMESTAMP INDICATING IT WAS TIMELY MAILED
 IN ACCORDANCE WITH THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.