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Assembly Bill A1144A

Signed By Governor

2021-2022 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via S253 - Signed by Governor

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Bill Amendments

2021-A1144 - Details

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

2021-A1144 - Summary

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

2021-A1144 - 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.

co-Sponsors

2021-A1144A (ACTIVE) - Details

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

2021-A1144A (ACTIVE) - Summary

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

2021-A1144A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1144--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  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. 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.
                                                            LBD02099-02-1

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