STATE OF NEW YORK
________________________________________________________________________
8368
IN SENATE
May 19, 2020
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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 where the
express intent of the voter is unambiguous
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8-410 of the election law, as amended by chapter
2 352 of the laws of 1986, is amended to read as follows:
3 § 8-410. Absentee voting; method of. The absentee voter shall mark an
4 absentee ballot as provided for paper ballots or ballots prepared for
5 counting by ballot counting machines. He or she shall make no mark or
6 writing whatsoever upon the ballot, except as above prescribed, and
7 shall see that it bears no such mark or writing. He or she shall make no
8 mark or writing whatsoever on the outside of the ballot. In cases where
9 the express intent of the voter is unambiguous, any stray marks or writ-
10 ing shall not be a basis for voiding a ballot. After marking the ballot
11 or ballots he or she shall fold each such ballot and enclose them in the
12 envelope and seal the envelope. He or she shall then take and subscribe
13 the oath on the envelope, with blanks properly filled in. The envelope,
14 containing the ballot or ballots, shall then be mailed or delivered to
15 the board of elections of the county or city of his or her residence.
16 § 2. Paragraph (a) of subdivision 2 of section 9-209 of the election
17 law is amended by adding three new subparagraphs (vii), (viii) and (ix)
18 to read as follows:
19 (vii) An absentee ballot may only be voided if the express intent of
20 the voter is not clear and he or she has not otherwise substantially
21 complied with the requirements of this chapter.
22 (viii) An absentee ballot shall not be voided where the voter did not
23 date the ballot envelope or the date on the ballot is after the election
24 if the ballot envelope bears a timestamp indicating it was timely mailed
25 in accordance with this article.
26 (ix) In cases where the express intent of the voter is unambiguous,
27 any stray marks or writing shall not be a basis for voiding an absentee
28 ballot.
29 § 3. This act shall take effect immediately and shall apply to
30 elections occurring on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16403-01-0
