S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3859
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation  to  providing  voters  an
   opportunity to cure deficiencies regarding affidavit ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9-209 of the election law is amended  by  adding  a
 new subdivision 7-a to read as follows:
   7-A.  CURING  OF  AFFIDAVIT  BALLOT.  (A)  UPON THE BOARD OF ELECTIONS
 DETERMINATION AT OR BEFORE THE TIME OF CANVASS THAT AN AFFIDAVIT  BALLOT
 ENVELOPE  IS  INCOMPLETE  OR IS IN ANY OTHER MANNER DEFECTIVE, THE BOARD
 SHALL, WITHIN ONE DAY OF  SUCH  DETERMINATION,  SEND  TO  THE  AFFIDAVIT
 BALLOT  VOTER'S  ADDRESS  INDICATED  ON THE AFFIDAVIT BALLOT ENVELOPE, A
 NOTICE EXPLAINING THE REASON FOR SUCH REJECTION  AND  THE  PROCEDURE  TO
 CURE  THE  REJECTION.  THE  BOARD SHALL ALSO CONTACT THE VOTER BY EITHER
 ELECTRONIC MAIL OR TELEPHONE, IF SUCH INFORMATION IS  AVAILABLE  TO  THE
 BOARD IN THE VOTER'S BALLOT ENVELOPE INFORMATION, IN ORDER TO NOTIFY THE
 VOTER  OF THE DEFICIENCY AND THE OPPORTUNITY AND THE PROCESS TO CURE THE
 DEFICIENCY.
   (B) THE VOTER MAY CURE THE AFORESAID DEFECTS BY FILING A  DULY  SIGNED
 AFFIRMATION  ATTESTING  TO THE SAME INFORMATION REQUIRED BY THE AFFIRMA-
 TION ENVELOPE AND ATTESTING THAT THE SIGNER OF THE  AFFIRMATION  IS  THE
 SAME PERSON WHO SUBMITTED SUCH AFFIDAVIT BALLOT. THE BOARD SHALL INCLUDE
 A FORM OF SUCH AFFIRMATION WITH THE NOTICE TO THE VOTER. THE AFFIRMATION
 SHALL BE IN A FORM PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   (C)  SUCH CURE AFFIRMATION SHALL BE FILED WITH THE BOARD NO LATER THAN
 SEVEN BUSINESS DAYS AFTER THE BOARD'S MAILING OF SUCH CURABLE  REJECTION
 NOTICE.    PROVIDED THE BOARD DETERMINES THAT SUCH AFFIRMATION ADDRESSES
 THE CURABLE DEFECT, THE REJECTED BALLOT SHALL  BE  REINSTATED  AND  DULY
 CANVASSED.  IF  THE BOARD OF ELECTIONS IS SPLIT AS TO THE SUFFICIENCY OF
 THE CURE AFFIRMATION, SUCH ENVELOPE SHALL BE SET ASIDE  FOR  THREE  DAYS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03830-01-3
              

 A. 3859                             2
 
 AND  THEN  CANVASSED  UNLESS  THE  BOARD  IS DIRECTED OTHERWISE BY COURT
 ORDER.
   (D)  WHEN  THE  BOARD OF ELECTIONS INVALIDATES AN AFFIDAVIT BALLOT AND
 THE DEFECT IS NOT CURABLE, THE VOTER SHALL  BE  NOTIFIED  BY  MAIL  SENT
 WITHIN THREE BUSINESS DAYS OF SUCH REJECTION.
   §  2.  The  state  board of elections shall promulgate rules and regu-
 lations to implement this act.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 elections occurring on or after such effective date.