S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6047--A
                                                         Cal. No. 207
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Election Law -- reported from committee, advanced  to
   a third reading, amended and ordered reprinted, retaining its place on
   the order of third reading

 AN ACT to amend the election law, in relation to the mailing and receipt
   of  absentee ballots; and to provide for the repeal of such provisions
   upon the expiration thereof
 
   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 140 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  [except
 that the absentee ballot of a voter who requested such ballot by letter,
 rather than application, shall not be counted unless a valid application
 form,  signed  by such voter, is received by the board of elections with
 such ballot]. 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 indi-
 cating receipt by such board on the day after the election.
   § 2. Subparagraph (iii) of paragraph (b) 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09738-05-1

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   (iii) If such a federal write-in absentee  ballot  is  received  after
 election  day,  the envelope in which it is received must contain: (A) a
 cancellation mark of the United States postal service or a foreign coun-
 try's postal service; (B) a dated  endorsement  of  receipt  by  another
 agency  of  the  United  States government; or (C) if cast by a military
 voter, the signature and date of the voter and one witness thereto  with
 a date which is ascertained to be not later than the day [before] OF THE
 election [day].
   §  3.  Subdivision 1 of section 10-114 of the election law, as amended
 by chapter 165 of the laws of 2009, is amended to read as follows:
   1. The board of elections shall cause all military 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 government
 or are signed and dated by the voter and one  witness  thereto,  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 a primary election and not later than thirteen
 days  following  the day of a general or special election to be cast and
 counted.
   § 4. Subdivision 1 of section 11-110 of the election law,  as  amended
 by chapter 99 of the laws of 1989, is amended to read as follows:
   1. To be counted, any ballot cast under the provisions of this article
 must  be  received  by the appropriate board of elections not later than
 the close of the polls on election day except that all ballots contained
 in envelopes showing a cancellation mark of  the  United  States  postal
 service,  or  a  foreign  country's  postal service with a date which is
 ascertained to be not later than the day [before] OF THE election, shall
 be cast and counted if received by the board of elections not later than
 seven days following the day of election.
   § 5. Section 11-212 of the election law, as amended by chapter 163  of
 the laws of 2010, is amended to read as follows:
   §  11-212.  Special federal ballots; deadline for receipt. All special
 federal ballots received by the board of elections before the  close  of
 the  polls  on  election day shall be retained by the board of elections
 and cast and canvassed pursuant to section 9-209 of  this  chapter.  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
 government,  with  a  date which is ascertained to be not later than the
 day [before] OF THE election, shall be cast and counted if  received  by
 the  board of elections not later than seven days following the day of a
 primary election or thirteen days following the  day  of  a  general  or
 special  election [except that the special federal ballot of a voter who
 requested such ballot by letter, rather than application, shall  not  be
 counted  unless  a  valid  application  form,  signed  by such voter, is
 received by the board  of  elections  with  such  ballot].  All  ballots
 received  by  the  board  of  elections and all federal write-in ballots
 received from special federal voters not later than seven days following
 the day of a primary election or thirteen days following the  day  of  a
 general or special election, shall be retained at the board and shall be
 cast  and canvassed in the same manner as other ballots retained by such
 board.
   § 6.  Section 11-212 of the election law, as amended by chapter 163 of
 the laws of 2010, is amended to read as follows:

 A. 6047--A                          3
 
   § 11-212. Special federal ballots; deadline for receipt.  All  special
 federal  ballots  received by the board of elections before the close of
 the polls on election day shall be retained by the  board  of  elections
 and  cast  and  canvassed pursuant to section 9-209 of this chapter. 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
 government,  with  a  date which is ascertained to be not later than the
 day [before] OF THE election, shall be cast and counted if  received  by
 the  board of elections not later than seven days following the day of a
 primary election or thirteen days following the  day  of  a  general  or
 special  election  except that the special federal ballot of a voter who
 requested such ballot by letter, rather than application, shall  not  be
 counted  unless  a  valid  application  form,  signed  by such voter, is
 received by the  board  of  elections  with  such  ballot.  All  ballots
 received  by  the  board  of  elections and all federal write-in ballots
 received from special federal voters not later than seven days following
 the day of a primary election or thirteen days following the  day  of  a
 general or special election, shall be retained at the board and shall be
 cast  and canvassed in the same manner as other ballots retained by such
 board.
   § 7. This act shall take effect immediately; provided,  however,  that
 sections one and five of this act shall expire and be deemed repealed on
 December  31, 2021, when upon such date the provisions of section six of
 this act shall take effect.