STATE OF NEW YORK
________________________________________________________________________
8369
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 submitted in
envelopes that are partially sealed or sealed with tape, paste, or any
other binding agent or device
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause (A) of subparagraph (i) of paragraph (a) of subdivi-
2 sion 2 of section 9-209 of the election law, as amended by chapter 308
3 of the laws of 2011, is amended to read as follows:
4 (A) If a person whose name is on an envelope as a voter has already
5 voted in person at such election, or if his or her name and residence as
6 stated on the envelope are not on a registration poll record, or the
7 computer generated list of registered voters or the list of special
8 presidential voters, or if there is no name on the envelope, or if the
9 envelope is not sealed, such envelope shall be laid aside unopened.
10 Provided however, if a ballot envelope is partially sealed or sealed
11 with tape, paste, or any other binding agent or device, the board shall,
12 prior to certifying the election results, make a good faith effort to
13 contact the voter, which may include, but not be limited to contacting
14 the voter by electronic mail or phone, if his or her email address or
15 telephone number has been provided by the voter or is otherwise avail-
16 able to the board. If the voter can verify in writing to the board that
17 the voter completed the ballot and submitted the envelope in the
18 observed condition, the board shall cast and canvass such 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.
LBD16406-01-0