STATE OF NEW YORK
________________________________________________________________________
8947
IN SENATE
August 31, 2020
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the election law, in relation to providing voters an
opportunity to cure deficiencies regarding affidavit ballots
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 9-209 of the election law is amended by adding a
2 new subdivision 4 to read as follows:
3 4. (a) Upon the board of elections determination at or before the time
4 of canvass that an affidavit ballot envelope is incomplete or is in any
5 other manner defective, the board shall, within one day of such determi-
6 nation, send to the affidavit ballot voter's address indicated on the
7 affidavit ballot envelope, a notice explaining the reason for such
8 rejection and the procedure to cure the rejection. The board shall also
9 contact the voter by either electronic mail or telephone, if such infor-
10 mation is available to the board in the voter's ballot envelope informa-
11 tion, in order to notify the voter of the deficiency and the opportunity
12 and the process to cure the deficiency.
13 (b) The voter may cure the aforesaid defects by filing a duly signed
14 affirmation attesting to the same information required by the affirma-
15 tion envelope and attesting that the signer of the affirmation is the
16 same person who submitted such affidavit ballot. The board shall include
17 a form of such affirmation with the notice to the voter. The affirmation
18 shall be in a form prescribed by the state board of elections.
19 (c) Such cure affirmation shall be filed with the board no later than
20 seven business days after the board's mailing of such curable rejection
21 notice. Provided the board determines that such affirmation addresses
22 the curable defect, the rejected ballot shall be reinstated and duly
23 canvassed. If the board of elections is split as to the sufficiency of
24 the cure affirmation, such envelope shall be set aside for three days
25 and then canvassed unless the board is directed otherwise by court
26 order.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17059-01-0
S. 8947 2
1 (d) When the board of elections invalidates an affidavit ballot and
2 the defect is not curable, the voter shall be notified by mail sent
3 within three business days of such rejection.
4 § 2. The state board of elections shall promulgate rules and regu-
5 lations to implement this act.
6 § 3. This act shall take effect immediately and shall apply to
7 elections occurring on or after such effective date.
