- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A06047 Summary:
BILL NO | A06047A |
  | |
SAME AS | SAME AS S06429 |
  | |
SPONSOR | Bichotte Hermelyn |
  | |
COSPNSR | Thiele, Carroll, Quart, Dickens, Galef, Jackson, Simon |
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MLTSPNSR | |
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Amd §§8-412, 9-209, 10-114, 11-110 & 11-212, El L | |
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Relates to the mailing and receipt of absentee ballots; provides for the repeal of such provisions upon the expiration thereof. |
A06047 Actions:
BILL NO | A06047A | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/05/2021 | referred to election law | |||||||||||||||||||||||||||||||||||||||||||||||||
03/23/2021 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
03/25/2021 | advanced to third reading cal.207 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/20/2021 | amended on third reading 6047a | |||||||||||||||||||||||||||||||||||||||||||||||||
05/11/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/11/2021 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/11/2021 | REFERRED TO ELECTIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | SUBSTITUTED FOR S6429 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | 3RD READING CAL.1354 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
07/12/2021 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
07/16/2021 | signed chap.250 |
A06047 Committee Votes:
Walker | Aye | Norris | Nay | ||||||
Galef | Aye | Brabenec | Nay | ||||||
Dinowitz | Excused | Mikulin | Nay | ||||||
Carroll | Aye | Tague | Nay | ||||||
Taylor | Aye | ||||||||
Jacobson | Aye | ||||||||
Sillitti | Aye | ||||||||
Mamdani | Aye | ||||||||
Burgos | Aye | ||||||||
Gallagher | Aye | ||||||||
Rivera | Aye | ||||||||
Go to top
A06047 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
No
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
No
Lawler
Yes
Perry
No
Simpson
No
Angelino
Yes
Cook
No
Gallahan
No
Lemondes
Yes
Pheffer Amato
No
Smith
No
Ashby
Yes
Cruz
No
Gandolfo
Yes
Lunsford
Yes
Pichardo
No
Smullen
Yes
Aubry
Yes
Cusick
No
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
No
Barclay
Yes
Cymbrowitz
No
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
No
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
No
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
No
Goodell
Yes
McDonald
Yes
Ramos
No
Tague
Yes
Benedetto
No
DeStefano
ER
Gottfried
No
McDonough
No
Reilly
No
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
No
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
No
Brabenec
Yes
Dinowitz
No
Hawley
No
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
No
DiPietro
Yes
Hevesi
No
Miller B
Yes
Rivera JD
No
Walczyk
Yes
Bronson
No
Durso
Yes
Hunter
No
Miller M
Yes
Rodriguez
Yes
Walker
No
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
No
Montesano
Yes
Rosenthal L
No
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
No
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
No
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
No
Jensen
ER
Nolan
Yes
Santabarbara
Yes
Williams
No
Byrne
Yes
Fernandez
Yes
Jones
No
Norris
ER
Sayegh
Yes
Woerner
No
Byrnes
No
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
No
Schmitt
Yes
Zebrowski
Yes
Cahill
Yes
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
No
Friend
Yes
Kim
No
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A06047 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6047--A Cal. No. 207 2021-2022 Regular Sessions IN ASSEMBLY March 5, 2021 ___________ Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to the Committee on Election Law -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the election law, in relation to the mailing and receipt of absentee ballots; and to provide for the repeal of such provisions upon the expiration thereof 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 140 of the laws of 2020, 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 [except12that the absentee ballot of a voter who requested such ballot by letter,13rather than application, shall not be counted unless a valid application14form, signed by such voter, is received by the board of elections with15such 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. 20 § 2. Subparagraph (iii) of paragraph (b) of subdivision 2 of section 21 9-209 of the election law, as amended by chapter 104 of the laws of 22 2010, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09738-05-1A. 6047--A 2 1 (iii) If such a federal write-in absentee ballot is received after 2 election day, the envelope in which it is received must contain: (A) a 3 cancellation mark of the United States postal service or a foreign coun- 4 try's postal service; (B) a dated endorsement of receipt by another 5 agency of the United States government; or (C) if cast by a military 6 voter, the signature and date of the voter and one witness thereto with 7 a date which is ascertained to be not later than the day [before] of the 8 election [day]. 9 § 3. Subdivision 1 of section 10-114 of the election law, as amended 10 by chapter 165 of the laws of 2009, is amended to read as follows: 11 1. The board of elections shall cause all military ballots received by 12 it before the close of the polls on election day and all ballots 13 contained in envelopes showing a cancellation mark of the United States 14 postal service or a foreign country's postal service, or showing a dated 15 endorsement of receipt by another agency of the United States government 16 or are signed and dated by the voter and one witness thereto, with a 17 date which is ascertained to be not later than the day [before] of the 18 election and received by such board of elections not later than seven 19 days following the day of a primary election and not later than thirteen 20 days following the day of a general or special election to be cast and 21 counted. 22 § 4. Subdivision 1 of section 11-110 of the election law, as amended 23 by chapter 99 of the laws of 1989, is amended to read as follows: 24 1. To be counted, any ballot cast under the provisions of this article 25 must be received by the appropriate board of elections not later than 26 the close of the polls on election day except that all ballots contained 27 in envelopes showing a cancellation mark of the United States postal 28 service, or a foreign country's postal service with a date which is 29 ascertained to be not later than the day [before] of the election, shall 30 be cast and counted if received by the board of elections not later than 31 seven days following the day of election. 32 § 5. Section 11-212 of the election law, as amended by chapter 163 of 33 the laws of 2010, is amended to read as follows: 34 § 11-212. Special federal ballots; deadline for receipt. All special 35 federal ballots received by the board of elections before the close of 36 the polls on election day shall be retained by the board of elections 37 and cast and canvassed pursuant to section 9-209 of this chapter. All 38 ballots contained in envelopes showing a cancellation mark of the United 39 States postal service or a foreign country's postal service, or showing 40 a dated endorsement of receipt by another agency of the United States 41 government, with a date which is ascertained to be not later than the 42 day [before] of the election, shall be cast and counted if received by 43 the board of elections not later than seven days following the day of a 44 primary election or thirteen days following the day of a general or 45 special election [except that the special federal ballot of a voter who46requested such ballot by letter, rather than application, shall not be47counted unless a valid application form, signed by such voter, is48received by the board of elections with such ballot]. All ballots 49 received by the board of elections and all federal write-in ballots 50 received from special federal voters not later than seven days following 51 the day of a primary election or thirteen days following the day of a 52 general or special election, shall be retained at the board and shall be 53 cast and canvassed in the same manner as other ballots retained by such 54 board. 55 § 6. Section 11-212 of the election law, as amended by chapter 163 of 56 the laws of 2010, is amended to read as follows:A. 6047--A 3 1 § 11-212. Special federal ballots; deadline for receipt. All special 2 federal ballots received by the board of elections before the close of 3 the polls on election day shall be retained by the board of elections 4 and cast and canvassed pursuant to section 9-209 of this chapter. All 5 ballots contained in envelopes showing a cancellation mark of the United 6 States postal service or a foreign country's postal service, or showing 7 a dated endorsement of receipt by another agency of the United States 8 government, with a date which is ascertained to be not later than the 9 day [before] of the election, shall be cast and counted if received by 10 the board of elections not later than seven days following the day of a 11 primary election or thirteen days following the day of a general or 12 special election except that the special federal ballot of a voter who 13 requested such ballot by letter, rather than application, shall not be 14 counted unless a valid application form, signed by such voter, is 15 received by the board of elections with such ballot. All ballots 16 received by the board of elections and all federal write-in ballots 17 received from special federal voters not later than seven days following 18 the day of a primary election or thirteen days following the day of a 19 general or special election, shall be retained at the board and shall be 20 cast and canvassed in the same manner as other ballots retained by such 21 board. 22 § 7. This act shall take effect immediately; provided, however, that 23 sections one and five of this act shall expire and be deemed repealed on 24 December 31, 2021, when upon such date the provisions of section six of 25 this act shall take effect.