|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 11, 2021||referred to election law|
delivered to assembly
ordered to third reading cal.1
reported and committed to rules
|Jan 06, 2021||referred to elections|
senate Bill S253
Current Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S253 (ACTIVE) - Details
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.
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
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