senate Bill S253

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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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

view votes

Jan 11, 2021 - Elections committee Vote

S253
5
2
committee
5
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Elections committee vote details

Elections Committee Vote: Jan 11, 2021

nay (2)

Jan 11, 2021 - Rules committee Vote

S253
14
6
committee
14
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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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

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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