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

S07368 Summary:

Amd 8-302 & 8-412, El L
Requires voters voting by affidavit ballot to produce an identification document to verify residency in the election district; requires absentee ballots to be received by election day, or be post-marked by the first day of early voting.
Go to top    

S07368 Actions:

Go to top

S07368 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    September 8, 2021
        Introduced  by  Sen.  RATH  --  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 requirements for  affi-
          davit ballots and absentee ballots
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (c) of subdivision 2-a of section  8-302  of  the
     2  election  law,  as  amended by section 8 of part XX of chapter 55 of the
     3  laws of 2019, is amended to read as follows:
     4    (c) [If the voter does not produce an identification  document  listed
     5  in  paragraph  (a) of this subdivision, the voter shall only be entitled
     6  to vote by affidavit ballot unless a court order provides  otherwise]  A
     7  voter  voting  by affidavit ballot shall be required to produce an iden-
     8  tification document listed in paragraph (a) of this subdivision. If such
     9  identification document  is  an  identification  document  listed  under
    10  subparagraph  (ii)  of  paragraph (a) of this subdivision, such document
    11  shall have been issued or created not more than one hundred twenty  days
    12  prior  to  the election. If such identification document exists in elec-
    13  tronic form, such voter shall produce a printed copy of such identifica-
    14  tion document.
    15    § 2. Subparagraph (ii) of paragraph (e) of subdivision  3  of  section
    16  8-302 of the election law, as amended by section 8 of part XX of chapter
    17  55 of the laws of 2019, is amended to read as follows:
    18    (ii) He or she may swear to and subscribe an affidavit stating that he
    19  or  she  has  duly  registered  to  vote,  the  address in such election
    20  district from which he or she registered, that he or she remains a  duly
    21  qualified  voter in such election district, that his or her registration
    22  poll record appears to be lost or misplaced or  that  his  or  her  name
    23  and/or  his  or  her  signature  was omitted from the computer generated
    24  registration list or such record indicates the voter already voted  when
    25  he  or  she  did  not  do so or that he or she has moved within New York
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7368                             2
     1  state since he or she last registered, the address from which he or  she
     2  was  previously  registered and the address at which he or she currently
     3  resides, and at a primary election, the party in  which  he  or  she  is
     4  enrolled.  The  inspectors  of election shall offer such an affidavit to
     5  each such voter whose residence address is in  such  election  district,
     6  after  such  voter  has  produced an identification document pursuant to
     7  paragraph (c) of subdivision two-a of this section. Each such  affidavit
     8  shall  be in a form prescribed by the state board of elections, shall be
     9  printed on an envelope of the size and  quality  used  for  an  absentee
    10  ballot  envelope,  and  shall contain an acknowledgment that the affiant
    11  understands that any false statement made therein is perjury  punishable
    12  according  to  law. Such form prescribed by the state board of elections
    13  shall request information required to register  such  voter  should  the
    14  county  board  determine  that  such  voter  is not registered and shall
    15  constitute an application to register to vote. The voter's name and  the
    16  entries required shall then be entered without delay and without further
    17  inquiry  in  the  fourth section of the challenge report or in the place
    18  provided in the computer generated registration list, with the  notation
    19  that the voter has executed the affidavit hereinabove prescribed, or, if
    20  such  person's  name  appears  in  such  registration list, the board of
    21  elections may provide a place to make such entry next to his or her name
    22  in such list. The voter shall then, without further inquiry, be  permit-
    23  ted  to  vote  an  affidavit  ballot  provided for by this chapter. Such
    24  ballot shall thereupon be placed in the envelope containing his  or  her
    25  affidavit,  and  the  envelope  sealed  and  returned  to  the  board of
    26  elections in the manner provided by this chapter for protested  official
    27  ballots, including a statement of the number of such ballots.
    28    § 3. Subdivision 1 of section 8-412 of the election law, as amended by
    29  chapter 140 of the laws of 2020, is amended to read as follows:
    30    1. The board of elections shall cause all absentee ballots received by
    31  it  before  the  close  of  the  polls  on  election day and all ballots
    32  contained in envelopes showing a cancellation mark of the United  States
    33  postal service or a foreign country's postal service, or showing a dated
    34  endorsement  of  receipt  by another agency of the United States govern-
    35  ment, with a date which is ascertained to be not later  than  the  first
    36  day  of  early  voting  for  the  election and received by such board of
    37  elections not later than seven days following the day of election to  be
    38  cast  and  counted  except  that  the  absentee  ballot  of  a voter who
    39  requested such ballot by letter, rather than application, shall  not  be
    40  counted  unless  a  valid  application  form,  signed  by such voter, is
    41  received by the board of elections with such  ballot.  For  purposes  of
    42  this  section, any absentee ballot received by the board of elections by
    43  mail that does not bear or display a dated postmark shall be presumed to
    44  have been timely mailed or delivered if such ballot bears a  time  stamp
    45  of  the receiving board of elections indicating receipt by such board on
    46  the day [after] of the election.
    47    § 4. This act shall take effect immediately.
Go to top