| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Apr 20, 2022 |
print number 327a |
| Apr 20, 2022 |
amend (t) and recommit to elections |
| Jan 05, 2022 |
referred to elections |
| Jan 06, 2021 |
referred to elections |
Senate Bill S327A
2021-2022 Legislative Session
Sponsored By
(D) 20th Senate District
Archive: Last Bill Status - In Senate Committee Elections Committee
Actions
Bill Amendments
co-Sponsors
(D) 14th Senate District
(D) 26th Senate District
(D, WF) 47th Senate District
(D) 16th Senate District
2021-S327 - Details
2021-S327 - Sponsor Memo
BILL NUMBER: S327
SPONSOR: MYRIE
TITLE OF BILL:
An act to amend the election law, in relation to ballots submitted in
envelopes that are partially sealed or sealed with tape, paste, or any
other binding agent or device
PURPOSE:
To safeguard the constitutional right of absentee voters to have their
votes counted this bill provides that a ballot will be counted as long
as it is partially sealed regardless of how it is sealed.
SUMMARY OF PROVISIONS:
Section 1 amends Election Law 9-209(2)(a)(i), clause A, which deals with
the outside of envelopes containing absentee ballots and whether or not
those envelopes are sealed. The amendment makes it clear that the ballot
will be counted even if the envelope is only partially sealed or sealed
2021-S327 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
327
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, RAMOS
-- 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 submitted in
envelopes that are partially sealed or sealed with tape, paste, or any
other binding agent or device
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause (A) of subparagraph (i) of paragraph (a) of subdivi-
sion 2 of section 9-209 of the election law, as amended by chapter 308
of the laws of 2011, is amended to read as follows:
(A) If a person whose name is on an envelope as a voter has already
voted in person at such election, or if his or her name and residence as
stated on the envelope are not on a registration poll record, or the
computer generated list of registered voters or the list of special
presidential voters, or if there is no name on the envelope, or if the
envelope is not sealed, such envelope shall be laid aside unopened.
PROVIDED HOWEVER, IF A BALLOT ENVELOPE IS PARTIALLY SEALED OR SEALED
WITH TAPE, PASTE, OR ANY OTHER BINDING AGENT OR DEVICE, THE BOARD SHALL,
PRIOR TO CERTIFYING THE ELECTION RESULTS, MAKE A GOOD FAITH EFFORT TO
CONTACT THE VOTER, WHICH MAY INCLUDE, BUT NOT BE LIMITED TO CONTACTING
THE VOTER BY ELECTRONIC MAIL OR PHONE, IF HIS OR HER EMAIL ADDRESS OR
TELEPHONE NUMBER HAS BEEN PROVIDED BY THE VOTER OR IS OTHERWISE AVAIL-
ABLE TO THE BOARD. IF THE VOTER CAN VERIFY IN WRITING TO THE BOARD THAT
THE VOTER COMPLETED THE BALLOT AND SUBMITTED THE ENVELOPE IN THE
OBSERVED CONDITION, THE BOARD SHALL CAST AND CANVASS SUCH BALLOT.
§ 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.
LBD02103-02-1
co-Sponsors
(D) 14th Senate District
(D) 26th Senate District
(D, WF) 47th Senate District
(D) 16th Senate District
2021-S327A (ACTIVE) - Details
2021-S327A (ACTIVE) - Sponsor Memo
BILL NUMBER: S327A
SPONSOR: MYRIE
TITLE OF BILL:
An act to amend the election law, in relation to ballots submitted in
envelopes that are sealed with tape, paste or any other binding agent or
device and have no indication of tampering
PURPOSE:
To ensure that absentee ballots may still be counted despite minor
defects observed on the affirmation envelope.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph g of subdivision 3 of section 9-209 of the
election law to provide that ballot envelopes are not invalid and do not
require a cure if the ballot envelope is sealed with tape, paste, or any
other binding agent or device and have no indication of tampering
Section 2 provides that this act shall take effective immediately.
2021-S327A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
327--A
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, RAMOS
-- read twice and ordered printed, and when printed to be committed to
the Committee on Elections -- recommitted to the Committee on
Elections in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to ballots submitted in
envelopes that are sealed with tape, paste or any other binding agent
or device and have no indication of tampering
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (g) of subdivision 3 of section 9-209 of the
election law, as added by chapter 763 of the laws of 2021, is amended to
read as follows:
(g) Ballot envelopes are not invalid and do not require a cure if: (i)
a ballot envelope is undated or has the wrong date, provided it is post-
marked on or prior to election day or is otherwise received timely by
the board of elections; (ii) the voter signed or marked the ballot
affirmation envelope at a place on the envelope other than the desig-
nated signature line; (iii) a voter used a combination of ink (of any
color) or pencil to complete the ballot envelope; (iv) papers found in
the ballot envelope with the ballot are materials from the board of
elections, such as instructions or an application sent by the board of
elections; (v) an extrinsic mark or tear on the ballot envelope appears
to be there as a result of the ordinary course of mailing or transmit-
tal; [or] (vi) THE BALLOT ENVELOPE IS SEALED USING TAPE, PASTE OR ANY
OTHER BINDING AGENT OR DEVICE AND THERE IS NO INDICATION OF TAMPERING;
OR (VII) the ballot envelope is partially unsealed but there is no abil-
ity to access the ballot.
§ 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
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