STATE OF NEW YORK
________________________________________________________________________
361
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
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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:
1 Section 1. Section 9-209 of the election law is amended by adding a
2 new subdivision 7-a to read as follows:
3 7-a. Curing of affidavit ballot. (a) Upon the board of elections
4 determination at or before the time of canvass that an affidavit ballot
5 envelope is incomplete or is in any other manner defective, the board
6 shall, within one day of such determination, send to the affidavit
7 ballot voter's address indicated on the affidavit ballot envelope, a
8 notice explaining the reason for such rejection and the procedure to
9 cure the rejection. The board shall also contact the voter by either
10 electronic mail or telephone, if such information is available to the
11 board in the voter's ballot envelope information, in order to notify the
12 voter of the deficiency and the opportunity and the process to cure the
13 deficiency.
14 (b) The voter may cure the aforesaid defects by filing a duly signed
15 affirmation attesting to the same information required by the affirma-
16 tion envelope and attesting that the signer of the affirmation is the
17 same person who submitted such affidavit ballot. The board shall include
18 a form of such affirmation with the notice to the voter. The affirmation
19 shall be in a form prescribed by the state board of elections.
20 (c) Such cure affirmation shall be filed with the board no later than
21 seven business days after the board's mailing of such curable rejection
22 notice. Provided the board determines that such affirmation addresses
23 the curable defect, the rejected ballot shall be reinstated and duly
24 canvassed. If the board of elections is split as to the sufficiency of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00557-01-5
A. 361 2
1 the cure affirmation, such envelope shall be set aside for three days
2 and then canvassed unless the board is directed otherwise by court
3 order.
4 (d) When the board of elections invalidates an affidavit ballot and
5 the defect is not curable, the voter shall be notified by mail sent
6 within three business days of such rejection.
7 § 2. The state board of elections shall promulgate rules and regu-
8 lations to implement this act.
9 § 3. This act shall take effect immediately and shall apply to
10 elections occurring on or after such effective date.
