STATE OF NEW YORK
________________________________________________________________________
1144--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Election Law -- recommitted to the Committee on Election Law in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the election law, in relation to ballots where the
express intent of the voter is unambiguous
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8-410 of the election law, as amended by chapter
2 352 of the laws of 1986, is amended to read as follows:
3 § 8-410. Absentee voting; method of. The absentee voter shall mark an
4 absentee ballot as provided for paper ballots or ballots prepared for
5 counting by ballot counting machines. He or she shall make no mark or
6 writing whatsoever upon the ballot, except as above prescribed, and
7 shall see that it bears no such mark or writing. He or she shall make no
8 mark or writing whatsoever on the outside of the ballot. In cases where
9 the express intent of the voter is unambiguous, any stray marks or writ-
10 ing shall not be a basis for voiding a ballot. After marking the ballot
11 or ballots he or she shall fold each such ballot and enclose them in the
12 envelope and seal the envelope. He or she shall then take and subscribe
13 the oath on the envelope, with blanks properly filled in. The envelope,
14 containing the ballot or ballots, shall then be mailed or delivered to
15 the board of elections of the county or city of his or her residence.
16 § 2. This act shall take effect immediately and shall apply to
17 elections occurring on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02099-02-1
