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A10541 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      June 3, 2024
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zinerman) --
          read once and referred to the Committee on Election Law
        AN ACT to amend the election law, in relation to curing ballots
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (d) and (e) of subdivision 3 of section 9-209 of
     2  the election law, as amended by chapter 474 of the  laws  of  2023,  are
     3  amended to read as follows:
     4    (d)  The  voter may cure the aforesaid defects by filing a duly signed
     5  affirmation attesting to the same information  required  by  the  ballot
     6  affirmation envelope and attesting that the signer of the affirmation is
     7  the  same  person who submitted such ballot envelope; provided, however,
     8  that for the defect described in subparagraph (vii) of paragraph (b)  of
     9  this  subdivision,  such  affirmation  shall also include an attestation
    10  that the voter mailed the ballot envelope on or before the  day  of  the
    11  election.  The  board  shall include a form of such affirmation with the
    12  notice to the voter. The affirmation shall be in a  form  prescribed  by
    13  the  state  board  of  elections, and with such affirmation the board of
    14  elections shall provide to the voter  a  domestic  postage  paid  return
    15  envelope  which may be used if the voter returns the cure affirmation in
    16  paper form by mail. A cure affirmation,  at  the  option  of  any  voter
    17  submitting  such  cure  affirmation,  may be transmitted to the board of
    18  elections in person, by mail or in electronic form as an  attachment  to
    19  an  email.  Such  cure  affirmation may also be provided to the board of
    20  elections as an uploaded electronic document if such board of  elections
    21  provides  such  functionality. The cure affirmation, whether in paper or
    22  electronic form, shall include the signature of the voter  duly  affixed
    23  to the appropriately completed cure affirmation form.
    24    (e) Such cure affirmation shall be received by the board no later than
    25  seven  business days after the board's mailing of such curable rejection
    26  notice or [the day before] by five p.m. on the seventh day following the
    27  election, whichever is later. Any cure  affirmation  received  electron-
    28  ically as an email attachment or by upload prior to midnight of the last
    29  day  to cure is timely. Provided the board determines that such affirma-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10541                            2
     1  tion addresses the curable defect, the rejected ballot  shall  be  rein-
     2  stated  and  prepared for canvassing pursuant to subdivision two of this
     3  section. If the board of elections is split as to the sufficiency of the
     4  cure  affirmation, such envelope shall be prepared for canvassing pursu-
     5  ant to paragraph (d) of subdivision two of this section.
     6    § 2. This act shall take effect September 1, 2024.
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