New York State Assembly

 
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A01177 Summary:

A01177 Actions:

A01177 Committee Votes:

Committee:ELECTION LAW   Chair:Walker      
DATE:04/18/2023AYE/NAY:11/5  Action: Favorable         
Walker
Aye
Norris
Nay
Dinowitz
Aye
Brabenec
Nay
Carroll
Aye
Mikulin
Nay
Taylor
Aye
Tague
Nay
Jacobson
Aye
Brook-Krasny
Nay
Sillitti
Aye
Mamdani
Aye
Burgos
Aye
Gallagher
Aye
Rivera
Aye
Chandler-Waterm
Aye

A01177 Floor Votes:

A01177 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1177
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN, JACOBSON -- read once and referred to the
          Committee on Election Law
 
        AN  ACT  to  amend the election law, in relation to ballots submitted in
          envelopes that are sealed with tape, paste or any other binding  agent
          or device and have no indication of tampering

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (g) of subdivision 3  of  section  9-209  of  the
     2  election law, as added by chapter 763 of the laws of 2021, is amended to
     3  read as follows:
     4    (g) Ballot envelopes are not invalid and do not require a cure if: (i)
     5  a ballot envelope is undated or has the wrong date, provided it is post-
     6  marked  on  or  prior to election day or is otherwise received timely by
     7  the board of elections; (ii) the  voter  signed  or  marked  the  ballot
     8  affirmation  envelope  at  a place on the envelope other than the desig-
     9  nated signature line; (iii) a voter used a combination of  ink  (of  any
    10  color)  or  pencil to complete the ballot envelope; (iv) papers found in
    11  the ballot envelope with the ballot are  materials  from  the  board  of
    12  elections,  such  as instructions or an application sent by the board of
    13  elections; (v) an extrinsic mark or tear on the ballot envelope  appears
    14  to  be  there as a result of the ordinary course of mailing or transmit-
    15  tal; [or] (vi) the ballot envelope is sealed using tape,  paste  or  any
    16  other  binding  agent or device and there is no indication of tampering;
    17  or (vii) the ballot envelope is partially unsealed but there is no abil-
    18  ity to access the ballot.
    19    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    20  elections occurring on or after such effective date.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02128-01-3