New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S08799 Summary:

S08799 Actions:

S08799 Committee Votes:

S08799 Floor Votes:

S08799 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8799--A
 
                    IN SENATE
 
                                      July 16, 2020
                                       ___________
 
        Introduced by Sens. GIANARIS, LIU -- read twice and ordered printed, and
          when  printed  to  be committed to the Committee on Rules -- committee
          discharged and said bill 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  the  receipt  by  the
          board  of elections of certain absentee ballots received by a board of
          elections that do not bear or display a dated postmark
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 8-412  of  the  election  law,  as
     2  amended    by  chapter 91 of   the  laws  of 2020, is amended to read as
     3  follows:
     4    1. The board of elections shall cause all absentee ballots received by
     5  it before the close of  the  polls  on  election  day  and  all  ballots
     6  contained  in envelopes showing a cancellation mark of the United States
     7  postal service or a foreign country's postal service, or showing a dated
     8  endorsement of receipt by another agency of the  United  States  govern-
     9  ment,  with  a date which is ascertained to be not later than the day of
    10  the election and received by such board  of  elections  not  later  than
    11  seven  days  following  the  day of election to be cast and counted. For
    12  purposes of this section, any absentee ballot received by the  board  of
    13  elections by mail that  does  not bear or display a dated postmark shall
    14  be presumed to have been timely mailed or delivered if such ballot bears
    15  a  time  stamp  of  the  receiving board of elections indicating receipt
    16  by such board on the day after the election.
    17    § 2. Subdivision 1 of section 8-412 of the election law, as amended by
    18  chapter 155 of the laws of 1994, is amended to read as follows:
    19    1. The board of elections shall cause all absentee ballots received by
    20  it before the close of  the  polls  on  election  day  and  all  ballots
    21  contained  in envelopes showing a cancellation mark of the United States
    22  postal service or a foreign country's postal service, or showing a dated
    23  endorsement of receipt by another agency of the  United  States  govern-
    24  ment,  with  a  date  which  is ascertained to be not later than the day
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16936-05-0
        S. 8799--A                          2
 
     1  [before] of the election and received by such  board  of  elections  not
     2  later  than  seven  days  following  the  day of election to be cast and
     3  counted except that the absentee ballot of a voter  who  requested  such
     4  ballot by letter, rather than application, shall not be counted unless a
     5  valid  application  form, signed by such voter, is received by the board
     6  of elections with such ballot. For purposes of this section, any  absen-
     7  tee ballot received by the board of elections by mail that does not bear
     8  or display a dated postmark shall be presumed to have been timely mailed
     9  or delivered if such ballot bears a time stamp of the receiving board of
    10  elections  indicating  receipt  by  such  board  on  the  day  after the
    11  election.
    12    § 3. This act  shall  take  effect  immediately  and  shall  apply  to
    13  elections  occurring  on or after such effective date; provided, however
    14  that the amendments to subdivision 1 of section 8-412 of  the   election
    15  law  made  by section one of this act shall be subject to the expiration
    16  and reversion of such  subdivision  pursuant to section 7 of chapter  91
    17  of the laws of 2020 when upon such date the provisions of section two of
    18  this act shall take effect.