S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6429
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 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  section 2 of 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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09738-06-1

 S. 6429                             2
 
 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:
   §  11-212.  Special federal ballots; deadline for receipt. All special
 federal ballots received by the board of elections before the  close  of

 S. 6429                             3
 
 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
 December 31, 2021, when upon such date the provisions of section six  of
 this act shall take effect.