NY State Senate Bill 2023-S2888

Senate Bill S2888

2023-2024 Legislative Session

Relates to certain absentee ballots received by a board of elections that do not bear or display a dated postmark

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Current Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Jan 25, 2023	referred to elections

co-Sponsors

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2023-S2888 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-412, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8367
2021-2022: S466

2023-S2888 (ACTIVE) - Summary

Relates to certain absentee ballots received by a board of elections that do not bear or display a dated postmark.

2023-S2888 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2888

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to certain absentee
ballots received by a board of elections that do not bear or display a
dated postmark

 
PURPOSE:

The purpose of this bill is to not disenfranchise voters simply because
a postmark is missing from an absentee ballot envelope, recognizing that
what is most important is the timely receipt of absentee ballots by a
board of elections.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 os section 8-412 of the election law, as
amended by chapter 140 of the laws of 2020 which requires the board of
elections to provide each ballot envelope with a unique barcode to allow
the board of elections to ascertain the date an absentee ballot was

mailed with the United States postal service.

Section 2 amends subdivision 2 of section 8-412 of the election law, as
amended by chapter 140 of the laws of 2020 which provides that absentee
ballots received by the board of elections no later than seven days
following the day of an election are timely mailed or delivered if the
ballot bears a time stamp of the receiving board of elections indicating
its receipt, whether or not it bears or displays a dated postmark.

Section 3 amends subdivision 2 of section 8-412 of the election law
which renumbered subdivision 3 and a new subdivision 2 is added which
allows an absentee ballot with no cancellation date, a cancellation mark
with no date, or illegible cancellation mark, and with no other informa-
tion avail from the united States postal service, the ballot will be
considered timely cast if received by the board no later than seven days
following the election day and the absentee ballot affidavit is signed
and dated on or before the day of election.

Section 4 provides the effective date.

 
JUSTIFICATION:

Increasing numbers of voters will utilize absentee ballots in order to
safely exercise their constitutional right to vote during the COVID-19
pandemic. Easing technicalities that make it difficult for absentee
ballots to be counted will protect the franchise not just during the
current crisis, but also in our elections going forward.  The foregoing
amendment will eliminate costly and frivolous legal challenges over
arbitrary formalities that disenfranchise voters when their ballots are
timely received by the board of elections.

 
LEGISLATIVE HISTORY:

S466 of 2021-22: Referred to Elections.

S8367A of 2019-20: Amend and Recommit to Elections.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to 4 elections
occurring on or after such effective date, provided, however, that the
amendments to subdivision 1 of section 8-412 of the election law made by
section one of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 7 of chapter 91 of the laws of
2020 as amended, when upon such date the provisions of section two of
this act shall take effect.

2023-S2888 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2888
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sens. MYRIE, COMRIE, GOUNARDES, HOYLMAN-SIGAL, 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 certain absentee
   ballots received by a board of elections that do not bear or display a
   dated postmark

   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 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] SUBMITTED TO 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  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 absen-
 tee 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 indicating  receipt  by  such  board  on  the  day  after  the
 election.  THE  BOARD  OF  ELECTIONS SHALL AFFIX TO EACH ABSENTEE BALLOT
 ENVELOPE A UNIQUE BAR CODE THAT PERMITS THE BOARD OF ELECTIONS TO ASCER-
 TAIN THE DATE UPON WHICH AN ABSENTEE BALLOT IS SUBMITTED TO  THE  UNITED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04097-01-3
 S. 2888                             2

 
 STATES  POSTAL SERVICE OR A FOREIGN COUNTRY'S POSTAL SERVICE, OR ANOTHER
 AGENCY OF THE UNITED STATES GOVERNMENT.
   §  2. Subdivision 2 of section 8-412 of the election law is renumbered
 subdivision 3 and a new subdivision 2 is added to read as follows:
   2. AN ABSENTEE BALLOT THAT HAS NO CANCELLATION  MARK,  A  CANCELLATION
 MARK  WITH  NO  DATE,  OR  AN  ILLEGIBLE CANCELLATION MARK, AND NO OTHER
 INFORMATION IS AVAILABLE FROM THE UNITED  STATES  POSTAL  SERVICE  OR  A
 FOREIGN COUNTRY'S POSTAL SERVICE, OR ANOTHER AGENCY OF THE UNITED STATES
 GOVERNMENT TO INDICATE THE DATE ON WHICH THE ABSENTEE BALLOT WAS MAILED,
 THE ABSENTEE BALLOT SHALL BE TIMELY CAST AND CANVASSED IF IT IS RECEIVED
 BY  THE BOARD OF ELECTIONS THROUGH THE UNITED STATES POSTAL SERVICE OR A
 FOREIGN COUNTRY'S POSTAL SERVICE OR ANOTHER AGENCY OF THE UNITED  STATES
 GOVERNMENT, NO LATER THAN THE SEVENTH DAY AFTER THE ELECTION DAY AND THE
 ABSENTEE  BALLOT AFFIDAVIT ENVELOPE IS SIGNED AND DATED ON OR BEFORE THE
 DAY OF ELECTION.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 elections occurring on or after such effective date.

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Senate Bill S2888

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Sponsored By

Zellnor Myrie

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

Leroy Comrie

Andrew Gounardes

Brad Hoylman-Sigal

John C. Liu

2023-S2888 (ACTIVE) - Details

2023-S2888 (ACTIVE) - Summary

2023-S2888 (ACTIVE) - Sponsor Memo

2023-S2888 (ACTIVE) - Bill Text download pdf

Comments