Assembly Bill A11485

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11485
 
                           I N  A S S E M B L Y
 
                               May 27, 2026
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lee) -- read
   once and referred to the Committee on Election Law
 
 AN  ACT  to  amend  the election law, in relation to deeming all ballots
   mailed into the board of elections postmarked not later than  election
   day  to  have been received by the board of elections before the close
   of the polls on election day for certain elections

   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 109 of the laws  of  2025,  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. For the
 purposes of this section, an absentee  ballot  shall  be  deemed  to  be
 received  by  the  board  of  elections before the close of the polls on
 election day if it is deposited in a ballot drop box before the close of
 polls on election day. FOR THE PURPOSES OF  THIS  SECTION,  AN  ABSENTEE
 BALLOT  SHALL  BE DEEMED TO BE RECEIVED BY THE BOARD OF ELECTIONS BEFORE
 THE CLOSE OF THE POLLS ON ELECTION DAY IF IT IS CONTAINED IN AN ENVELOPE
 SHOWING A POSTMARK DATE OF THE UNITED STATES POSTAL SERVICE OR A FOREIGN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15627-05-6
 A. 11485                            2
 
 COUNTRY'S POSTAL SERVICE WHICH IS ASCERTAINED TO BE NOT LATER  THAN  THE
 DAY  OF THE ELECTION; PROVIDED, HOWEVER, SUCH BALLOTS WHICH WOULD OTHER-
 WISE NOT BE CAST NOR COUNTED SHALL ONLY  BE  ELIGIBLE  TO  BE  CAST  AND
 COUNTED  FOR ELECTIONS OTHER THAN FEDERAL ELECTIONS. Ballots received in
 accordance with this section shall be deemed timely and the failure of a
 board of elections to time stamp such ballots received in this manner on
 or before election  day  shall  not  prohibit  the  canvassing  of  such
 ballots.  At  the  close  of  the  polls  on  election day, the board of
 elections shall close every ballot drop box and collect ballots deposit-
 ed in such ballot drop box.
   § 2. Section 8-710 of the election law, as added by chapter 481 of the
 laws of 2023 and subdivision 1 as amended by chapter 109 of the laws  of
 2025, is amended to read as follows:
   §  8-710.  Early  mail  ballots; deadline for receipt, and delivery to
 polling place. 1. The board of elections  shall  cause  all  early  mail
 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, 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. For purposes of this section, any early mail 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.  For  the
 purposes  of  this  section,  an early mail ballot shall be deemed to be
 received by the board of elections before the  close  of  the  polls  on
 election day if it is deposited in a ballot drop box before the close of
 polls  on  election day. FOR THE PURPOSES OF THIS SECTION, AN EARLY MAIL
 BALLOT SHALL BE DEEMED TO BE RECEIVED BY THE BOARD OF  ELECTIONS  BEFORE
 THE  CLOSE  OF THE POLLS ON ELECTION DAY DUE TO IT BEING CONTAINED IN AN
 ENVELOPE SHOWING A POSTMARK DATE OF THE UNITED STATES POSTAL SERVICE  OR
 A  FOREIGN COUNTRY'S POSTAL SERVICE WHICH IS ASCERTAINED TO BE NOT LATER
 THAN THE DAY OF THE ELECTION;  PROVIDED,  HOWEVER,  SUCH  BALLOTS  WHICH
 WOULD  OTHERWISE  NOT  BE  CAST NOR COUNTED SHALL ONLY BE ELIGIBLE TO BE
 CAST AND COUNTED FOR ELECTIONS OTHER  THAN  FEDERAL  ELECTIONS.  Ballots
 received  in accordance with this section shall be deemed timely and the
 failure of a board of elections to time stamp such ballots  received  in
 this  manner on or before election day shall not prohibit the canvassing
 of such ballots. At the close of the polls on election day, the board of
 elections shall close every ballot drop box and collect ballots deposit-
 ed in such ballot drop box.
   2. Early mail ballots received by the  board  of  elections  shall  be
 retained  at  the  board of elections and cast and canvassed pursuant to
 the provisions of section 9-209 of this chapter.
   § 3. Subdivision 1 of section 10-114 of the election law,  as  amended
 by chapter 250 of the laws of 2021, 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 of  the  election
 A. 11485                            3
 
 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 count-
 ed.  FOR THE PURPOSES OF THIS SECTION, A MILITARY BALLOT SHALL BE DEEMED
 TO  BE  RECEIVED BY THE BOARD OF ELECTIONS BEFORE THE CLOSE OF THE POLLS
 ON ELECTION DAY IF IT IS CONTAINED IN AN  ENVELOPE  SHOWING  A  POSTMARK
 DATE  OF  THE UNITED STATES POSTAL SERVICE OR A FOREIGN COUNTRY'S POSTAL
 SERVICE WHICH IS ASCERTAINED TO  BE  NOT  LATER  THAN  THE  DAY  OF  THE
 ELECTION;  PROVIDED,  HOWEVER, SUCH BALLOTS WHICH WOULD OTHERWISE NOT BE
 CAST NOR COUNTED SHALL ONLY BE ELIGIBLE  TO  BE  CAST  AND  COUNTED  FOR
 ELECTIONS OTHER THAN FEDERAL ELECTIONS.
   §  4.  Section  9-209  of  the election law is amended by adding a new
 subdivision 10 to read as follows:
   10. CASTING OF MAILED IN BALLOTS;  FEDERAL  ELECTIONS;  TIMELINESS  OF
 RECEIPT  OF BALLOT. IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT
 ONLY BALLOTS RECEIVED BY THE BOARD OF ELECTIONS ON OR PRIOR TO  ELECTION
 DAY  CAN  BE CAST AND COUNTED FOR THE PURPOSES OF FEDERAL ELECTIONS, ALL
 BALLOTS OTHERWISE TIMELY RECEIVED BY THE BOARD  OF  ELECTIONS  SHALL  BE
 ELIGIBLE  TO  BE  CAST  AND  COUNTED  FOR  ELECTIONS  OTHER THAN FEDERAL
 ELECTIONS.
   § 5. This act shall take effect immediately.