Provides that absentee ballots may be canvassed at the poll site on election day; provides that representatives of candidates, parties, or independent bodies may be present to observe the review of affidavit ballot envelopes.
STATE OF NEW YORK
________________________________________________________________________
7404--A
2023-2024 Regular Sessions
IN SENATE
May 23, 2023
___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to canvassing of absentee
and affidavit ballots
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 9-110 of the election law, as
2 amended by chapter 437 of the laws of 2019, is amended to read as
3 follows:
4 3. Nothing in this section shall be construed to require or permit
5 absentee or affidavit ballots to be canvassed at the poll site on
6 election day. Such ballots shall be canvassed pursuant to section 9-209
7 of this article. Nothing in this section prohibits a representative of a
8 candidate, political party, or independent body entitled to have a
9 watcher present at the polls from observing, without objection, the
10 canvass of ballots.
11 § 2. Subdivision 5 of section 9-209 of the election law, as added by
12 chapter 763 of the laws of 2021, is amended to read as follows:
13 5. Nothing in this section prohibits a representative of a candidate,
14 political party, or independent body entitled to have watchers present
15 at the polls in any election district in the board's jurisdiction from
16 observing, without objection, the review of ballot envelopes required by
17 subdivisions two, three [and], four, and seven of this section.
18 § 3. Subdivision 7 of section 9-209 of the election law is amended by
19 adding a new paragraph (l) to read as follows:
20 (l) The provisions of this subdivision shall apply notwithstanding any
21 other provision of this chapter.
22 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11559-02-3
