STATE OF NEW YORK
________________________________________________________________________
6195
2023-2024 Regular Sessions
IN SENATE
April 3, 2023
___________
Introduced by Sen. MYRIE -- 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 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
