Prohibits ballot harvesting; prohibits a person from submitting an application for an absentee ballot on behalf of a voter without notarized consent; permits family members, caregivers and other officials to submit applications.
STATE OF NEW YORK
________________________________________________________________________
1805
2021-2022 Regular Sessions
IN SENATE
January 15, 2021
___________
Introduced by Sens. BORRELLO, HELMING, JORDAN, O'MARA, ORTT -- read
twice and ordered printed, and when printed to be committed to the
Committee on Elections
AN ACT to amend the election law, in relation to prohibiting ballot
harvesting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 8-414
2 to read as follows:
3 § 8-414. Ballot harvesting prohibited. 1. It shall be an unlawful
4 practice for any person to engage in ballot harvesting. For purposes of
5 this section, ballot harvesting shall include:
6 (a) the making or submission of an application for an absentee ballot,
7 pursuant to section 8-400 of this article, on behalf of another voter,
8 unless done in accordance with subdivision two of this section; and
9 (b) the collection, distribution or submission to a board of
10 elections, of voted or unvoted absentee ballots, unless done in accord-
11 ance with subdivision three of this section.
12 2. A person may submit an application for an absentee ballot on behalf
13 of another voter, if the voter has signed the absentee ballot applica-
14 tion, and if:
15 (a) the person submitting such application for an absentee ballot on
16 behalf of the other voter, is a family member of the other voter, within
17 three degrees of consanguinity; or
18 (b) a voter has executed a signed, written, notarized consent, not
19 more than thirty days prior to the date of the application, authorizing
20 the person submitting the application for an absentee ballot to do so on
21 the voter's behalf, and such person submitting the application for an
22 absentee ballot on such other voter's behalf also files such signed,
23 written, notarized consent with the local board of elections at the time
24 of submitting such application for the absentee ballot, and such person
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04730-01-1
S. 1805 2
1 submitting the application for an absentee ballot on the other voter's
2 behalf has not submitted any other absentee ballot application on behalf
3 of any other voter under this subdivision.
4 3. A person may collect, distribute or submit to a board of elections,
5 a voted or unvoted absentee ballot, if such person collecting, distrib-
6 uting or submitting such ballot is:
7 (a) a family member of the voter, to whom the absentee ballot belongs,
8 within three degrees of consanguinity; or
9 (b) a caregiver of the voter, to whom the absentee ballot belongs, if
10 such voter has filed with the board of elections, a signed, written,
11 notarized statement executed by the voter, that such person so collect-
12 ing, distributing and/or submitting the ballot on the voter's behalf, is
13 in fact a caregiver of the voter, with permission to collect, distribute
14 and/or submit such voter's absentee ballot; or
15 (c) an election official employed by the board of elections, who at
16 the time of the collection, distribution or submission of such absentee
17 ballot, was exclusively engaged in and performing their official duties;
18 or
19 (d) a United States postal service employee, who at the time of the
20 collection, distribution or submission of such absentee ballot, was
21 exclusively engaged in and performing their official duties; or
22 (e) a delivery courier hired by the voter whose ballot is being
23 collected, distributed or submitted, who at the time of the collection,
24 distribution or submission of such absentee ballot, was exclusively
25 engaged in and performing their official duties.
26 § 2. The election law is amended by adding a new section 17-172 to
27 read as follows:
28 § 17-172. Ballot harvesting. 1. Any person who willfully engages in
29 unlawful ballot harvesting, pursuant to section 8-414 of this chapter,
30 shall be guilty of a class D felony.
31 2. Any person who engages in unlawful ballot harvesting, pursuant to
32 section 8-414 of this chapter, shall be guilty of a class A misdemeanor.
33 § 3. This act shall take effect on the first of November next succeed-
34 ing the date on which it shall have become a law.
