Deems 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 the purposes of elections other than federal elections.
STATE OF NEW YORK
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11485
IN ASSEMBLY
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:
1 Section 1. Subdivision 1 of section 8-412 of the election law, as
2 amended by chapter 109 of the laws of 2025, is amended to read as
3 follows:
4 1. The board of elections shall cause all absentee ballots received by
5 it before the close of the polls on election day and all ballots
6 contained in envelopes showing a cancellation mark of the United States
7 postal service or a foreign country's postal service, or showing a dated
8 endorsement of receipt by another agency of the United States govern-
9 ment, with a date which is ascertained to be not later than the day of
10 the election and received by such board of elections not later than
11 seven days following the day of election to be cast and counted except
12 that the absentee ballot of a voter who requested such ballot by letter,
13 rather than application, shall not be counted unless a valid application
14 form, signed by such voter, is received by the board of elections with
15 such ballot. For purposes of this section, any absentee ballot received
16 by the board of elections by mail that does not bear or display a dated
17 postmark shall be presumed to have been timely mailed or delivered if
18 such ballot bears a time stamp of the receiving board of elections indi-
19 cating receipt by such board on the day after the election. For the
20 purposes of this section, an absentee ballot shall be deemed to be
21 received by the board of elections before the close of the polls on
22 election day if it is deposited in a ballot drop box before the close of
23 polls on election day. For the purposes of this section, an absentee
24 ballot shall be deemed to be received by the board of elections before
25 the close of the polls on election day if it is contained in an envelope
26 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
1 country's postal service which is ascertained to be not later than the
2 day of the election; provided, however, such ballots which would other-
3 wise not be cast nor counted shall only be eligible to be cast and
4 counted for elections other than federal elections. Ballots received in
5 accordance with this section shall be deemed timely and the failure of a
6 board of elections to time stamp such ballots received in this manner on
7 or before election day shall not prohibit the canvassing of such
8 ballots. At the close of the polls on election day, the board of
9 elections shall close every ballot drop box and collect ballots deposit-
10 ed in such ballot drop box.
11 § 2. Section 8-710 of the election law, as added by chapter 481 of the
12 laws of 2023 and subdivision 1 as amended by chapter 109 of the laws of
13 2025, is amended to read as follows:
14 § 8-710. Early mail ballots; deadline for receipt, and delivery to
15 polling place. 1. The board of elections shall cause all early mail
16 ballots received by it before the close of the polls on election day and
17 all ballots contained in envelopes showing a cancellation mark of the
18 United States postal service or a foreign country's postal service, or
19 showing a dated endorsement of receipt by another agency of the United
20 States government, with a date which is ascertained to be not later than
21 the day of the election and received by such board of elections not
22 later than seven days following the day of election to be cast and
23 counted. For purposes of this section, any early mail ballot received by
24 the board of elections by mail that does not bear or display a dated
25 postmark shall be presumed to have been timely mailed or delivered if
26 such ballot bears a time stamp of the receiving board of elections indi-
27 cating receipt by such board on the day after the election. For the
28 purposes of this section, an early mail ballot shall be deemed to be
29 received by the board of elections before the close of the polls on
30 election day if it is deposited in a ballot drop box before the close of
31 polls on election day. For the purposes of this section, an early mail
32 ballot shall be deemed to be received by the board of elections before
33 the close of the polls on election day due to it being contained in an
34 envelope showing a postmark date of the United States postal service or
35 a foreign country's postal service which is ascertained to be not later
36 than the day of the election; provided, however, such ballots which
37 would otherwise not be cast nor counted shall only be eligible to be
38 cast and counted for elections other than federal elections. Ballots
39 received in accordance with this section shall be deemed timely and the
40 failure of a board of elections to time stamp such ballots received in
41 this manner on or before election day shall not prohibit the canvassing
42 of such ballots. At the close of the polls on election day, the board of
43 elections shall close every ballot drop box and collect ballots deposit-
44 ed in such ballot drop box.
45 2. Early mail ballots received by the board of elections shall be
46 retained at the board of elections and cast and canvassed pursuant to
47 the provisions of section 9-209 of this chapter.
48 § 3. Subdivision 1 of section 10-114 of the election law, as amended
49 by chapter 250 of the laws of 2021, is amended to read as follows:
50 1. The board of elections shall cause all military ballots received by
51 it before the close of the polls on election day and all ballots
52 contained in envelopes showing a cancellation mark of the United States
53 postal service or a foreign country's postal service, or showing a dated
54 endorsement of receipt by another agency of the United States government
55 or are signed and dated by the voter and one witness thereto, with a
56 date which is ascertained to be not later than the day of the election
A. 11485 3
1 and received by such board of elections not later than seven days
2 following the day of a primary election and not later than thirteen days
3 following the day of a general or special election to be cast and count-
4 ed. For the purposes of this section, a military ballot shall be deemed
5 to be received by the board of elections before the close of the polls
6 on election day if it is contained in an envelope showing a postmark
7 date of the United States postal service or a foreign country's postal
8 service which is ascertained to be not later than the day of the
9 election; provided, however, such ballots which would otherwise not be
10 cast nor counted shall only be eligible to be cast and counted for
11 elections other than federal elections.
12 § 4. Section 9-209 of the election law is amended by adding a new
13 subdivision 10 to read as follows:
14 10. Casting of mailed in ballots; federal elections; timeliness of
15 receipt of ballot. If a court of competent jurisdiction determines that
16 only ballots received by the board of elections on or prior to election
17 day can be cast and counted for the purposes of federal elections, all
18 ballots otherwise timely received by the board of elections shall be
19 eligible to be cast and counted for elections other than federal
20 elections.
21 § 5. This act shall take effect immediately.
