NY State Senate Bill S253

Current Bill Status - Passed Senate

Introduced
In Committee
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- Passed Senate
- Passed Assembly
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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2021	referred to election law delivered to assembly passed senate ordered to third reading cal.1 reported and committed to rules
Jan 06, 2021	referred to elections

Votes

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Jan 11, 2021 - floor Vote

S253

floor

Aye

Nay

Absent

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Jan 11, 2021 - Elections committee Vote

S253

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: Jan 11, 2021

aye (5)

nay (2)

Jan 11, 2021 - Rules committee Vote

S253

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S253 (ACTIVE) - Details

See Assembly Version of this Bill:: A1144
Law Section:: Election Law
Laws Affected:: Amd §§8-410 & 9-209, El L
Versions Introduced in 2019-2020 Legislative Session:: S8368, A10744

S253 (ACTIVE) - Summary

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

S253 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S253

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to ballots where the
express intent of the voter is unambiguous

 
PURPOSE:

To safeguard the constitutional right of absentee voters to have their
votes counted when there are stray marks or writing on an absentee
ballot as long as the express intent of the voter is unambiguous.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-410, which deals with completion of
absentee ballots, to provide that any stray marks or writing shall not
be a basis for voiding a ballot as long as the express intent of the
voter is unambiguous.

Section 2 amends Election Law 9-209(2)(a) by adding new subparagraphs

(vii), (viii) and (ix) as follows:

(vii) provides that an absentee ballot may be voided but only if the
express intent of the voter is not clear and if that voter has not
otherwise substantially complied with the requirements of the Election
Law.

(viii) provides that when an absentee voter does not date the absentee
ballot envelope or if the date on the ballot is "after" the election,
the ballot shall not be voided provided the ballot envelope has a times-
tamp indicating it was timely mailed in accordance with the Election
Law.

(ix) provides that where the express intent of the voter is unambiguous
any stray marks or writing shall not be a basis for voiding an absentee
ballot.

 
JUSTIFICATION:

Many voters will utilize absentee ballots in order to safely participate
in their democracy during the COVID-19 pandemic. Easing technicalities
that make it difficult for absentee ballots to be counted will protect
the franchise not just during this pandemic, but also in our elections
going forward. The foregoing amendments will eliminate costly legal
formalisms that have the potential to disenfranchise voters when their
expressed intentions are clear.

 
LEGISLATIVE HISTORY:

A.10744/S.8368 of 2019-20

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to elections
occurring on or after such effective date.

S253 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    253
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, COMRIE, GOUNARDES, HOYLMAN, LIU, MAY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Elections
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02099-01-1

 S. 253                              2
 
 IF THE BALLOT ENVELOPE BEARS A TIMESTAMP INDICATING IT WAS TIMELY MAILED
 IN ACCORDANCE WITH THIS ARTICLE.
   (IX)  IN  CASES  WHERE THE EXPRESS INTENT OF THE VOTER IS UNAMBIGUOUS,
 ANY STRAY MARKS OR WRITING SHALL NOT BE A BASIS FOR VOIDING AN  ABSENTEE
 BALLOT.
   §  3.  This  act  shall  take  effect  immediately  and shall apply to
 elections occurring on or after such effective date.

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The New York State Senate

senate Bill S253

Sponsored By

Current Bill Status - Passed Senate

Your Voice

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Votes

Jan 11, 2021 - floor Vote

Floor Vote: Jan 11, 2021

Jan 11, 2021 - Elections committee Vote

Elections Committee Vote: Jan 11, 2021

Jan 11, 2021 - Rules committee Vote

Rules Committee Vote: Jan 11, 2021

Co-Sponsors

S253 (ACTIVE) - Details

S253 (ACTIVE) - Summary

S253 (ACTIVE) - Sponsor Memo

S253 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S253

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Current Bill Status - Passed Senate

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Votes

Jan 11, 2021 - floor Vote

Floor Vote: Jan 11, 2021

Jan 11, 2021 - Elections committee Vote

Elections Committee Vote: Jan 11, 2021

Jan 11, 2021 - Rules committee Vote

Rules Committee Vote: Jan 11, 2021

Co-Sponsors

S253 (ACTIVE) - Details

S253 (ACTIVE) - Summary

S253 (ACTIVE) - Sponsor Memo

S253 (ACTIVE) - Bill Text download pdf

Comments