Bill Text: NY A01052 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.
Spectrum: Partisan Bill (Democrat 61-3)
Status: (Introduced - Dead) 2021-03-03 - substituted by s614b [A01052 Detail]
Download: New_York-2021-A01052-Amended.html
Bill Title: Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.
Spectrum: Partisan Bill (Democrat 61-3)
Status: (Introduced - Dead) 2021-03-03 - substituted by s614b [A01052 Detail]
Download: New_York-2021-A01052-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1052--A 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ Introduced by M. of A. BRONSON, GOTTFRIED, LUPARDO, SEAWRIGHT, STERN, FAHY, CLARK, McMAHON, NOLAN, JACOBSON, SIMON, MEEKS, WOERNER, JONES, ENGLEBRIGHT, GRIFFIN, LUNSFORD, SANTABARBARA -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to validating absentee ballots 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 9-209 of the election law, as 2 amended by chapter 104 of the laws of 2010, is amended to read as 3 follows: 4 1. (a) The board of elections shall designate itself or such of its 5 employees as it shall deem appropriate as a set of poll clerks to exam- 6 ine, cast and canvass such ballots, and fix a time and place for their 7 meeting for such [purpose, provided that such meeting shall be no more8than fourteen days after a general or special election and no more than9eight days after a primary election at which such ballots are voted] 10 purposes. Starting forty days prior to the day of the election, such 11 poll clerks shall examine and determine the validity of absentee ballot 12 envelopes as they are received by the board of elections. Such examina- 13 tion shall occur every business day prior to the day of the election, 14 or, upon bipartisan agreement, on such other schedule as determined by 15 the board, provided that the board post when such examinations shall 16 occur on its website. 17 (b) Beginning at the close of polls on the second Sunday of early 18 voting, board of elections employees shall begin to prepare and canvass 19 valid absentee ballots received prior to such date for canvassing by 20 hand or central scanner. Such preparation shall include, but not be 21 limited to, reviewing the voter history record for each voter who 22 submitted an absentee ballot to reflect any instance of early voting by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03358-03-1A. 1052--A 2 1 such voters, opening absentee ballot affirmation envelopes, removing 2 ballots from absentee ballot affirmation envelopes, stacking absentee 3 ballots, and inserting ballots into a central scanner or other vote 4 counting device. Any ballots prepared and canvassed during this period 5 shall be secured in the same manner as voted ballots cast during early 6 voting or on election day. 7 (c) No unofficial tabulations of election results shall be printed or 8 viewed in any manner until after the close of polls on election day at 9 which time such tabulations shall be added into the election night 10 canvass totals. 11 (d) Board of elections employees shall follow all relevant provisions 12 of this article for canvassing, processing, recording, and announcing 13 results of voting and securing ballots, scanners, and other election 14 materials. Such canvass may occur at the offices of the board of 15 elections, or such other location designated by the board of elections. 16 (e) In canvassing such ballots, the board shall take all measures 17 necessary to ensure the privacy of voters and non-public release of 18 election results prior to the close of polls on election day. 19 (f) The board may designate additional sets of poll clerks and if it 20 designates more than one such set shall apportion among all such sets 21 the election districts from which such ballots have been received, 22 provided that all such ballots from a single election district shall be 23 assigned to a single set of clerks, and that each such set shall be 24 divided equally between representatives of the two major political 25 parties. Each such set of clerks shall be deemed a central board of 26 inspectors for purposes of this section. 27 [(b)] (g) Watchers are entitled to be present at meetings related to 28 examining absentee ballot envelopes prior to the day of the election; 29 provided, however, that any objection to a board determination that a 30 ballot envelope is eligible to be canvassed must be made at the meeting 31 such determination is made; an objection subsequent to such meeting 32 shall be invalid. At least five days prior to the time fixed for [such] 33 a meeting to examine or cast and canvass absentee ballots subsequent to 34 the day of the election, the board shall send notice by first class mail 35 to each candidate, political party, and independent body entitled to 36 have had watchers present at the polls in any election district in the 37 board's jurisdiction. Such notice shall state the time and place fixed 38 by the board for such canvass. 39 [(c)] (h) Each such candidate, political party, and independent body 40 shall be entitled to appoint such number of watchers to attend upon each 41 central board of inspectors as such candidate, political party, or inde- 42 pendent body was entitled to appoint at such election in any one 43 election district for which such central board of inspectors is desig- 44 nated to act. 45 § 2. Section 9-209 of the election law is amended by adding two new 46 subdivisions 4 and 5 to read as follows: 47 4. If the board of elections manually canvasses ballots, it shall 48 review the ballot to determine its validity consistent with section 49 9-112 of this article. In cases where the express intent of the voter 50 is unambiguous, any stray marks or writing shall not be a basis for 51 voiding an absentee ballot. If the absentee ballots are tabulated by an 52 optical scan voting system, then a review of the absentee ballot shall 53 not occur. 54 5. If an affidavit ballot was cast by a voter on the day of election 55 and it is determined he or she submitted an absentee ballot, such affi- 56 davit shall be left aside, unopened.A. 1052--A 3 1 § 3. Clause (A) of subparagraph (i) of paragraph (a) of subdivision 2 2 of section 9-209 of the election law, as amended by chapter 308 of the 3 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, that if the envelope is not sealed, such voter shall 11 receive notice pursuant to paragraph (a) of subdivision three of this 12 section. 13 § 4. Paragraph c of subdivision 3 of section 5-506 of the election 14 law, as amended by section 6 of part XX of chapter 55 of the laws of 15 2019, is amended to read as follows: 16 c. The computer generated registration list prepared for each election 17 in each election district shall be prepared in a manner which meets or 18 exceeds standards for clarity and speed of production established by the 19 state board of elections, shall be in a form approved by such board, 20 shall include the names of all voters eligible to vote in such election 21 and shall be in alphabetical order, except that, at a primary election, 22 the names of the voters enrolled in each political party may be placed 23 in a separate part of the list or in a separate list, as the board of 24 elections in its discretion, may determine. Such list shall contain, 25 adjacent to each voter's name, or in a space so designated, at least the 26 following: street address, date of birth, party enrollment, year of 27 registration, a computer reproduced facsimile of the voter's signature 28 or an indication that the voter is unable to sign his name, a place for 29 the voter to sign his name at such election and a place for the inspec- 30 tors to mark the voting machine number, the public counter number if 31 any, or the number of any paper ballots given the voter. Such list 32 shall also include a notation indicating if such voter was provided an 33 absentee ballot for the applicable election; provided however such nota- 34 tion shall not be required for any list being utilized during early 35 voting. The format for such notation shall be promulgated by the state 36 board of elections and used uniformly in computer generated registration 37 lists. 38 § 5. Subdivision 1 of section 4-128 of the election law, as amended by 39 section 2 of part XX of chapter 55 of the laws of 2019, is amended to 40 read as follows: 41 1. The board of elections of each county shall provide the requisite 42 number of official and facsimile ballots, two cards of instruction to 43 voters in the form prescribed by the state board of elections, at least 44 one copy of the instruction booklet for inspectors, a sufficient number 45 of maps, street finders or other descriptions of all of the polling 46 places and election districts within the political subdivision in which 47 the polling place is located to enable the election inspectors and poll 48 clerks to determine the correct election district and polling place for 49 each street address within the political subdivision in which the poll- 50 ing place is located, distance markers, tally sheets and return blanks, 51 pens, pencils, or other appropriate marking devices, envelopes for the 52 ballots of voters whose registration poll records are not in the ledger 53 or whose names are not in the computer generated registration list, 54 envelopes for the absentee ballots of voters who have elected to vote by 55 machine to be voided, envelopes for returns, identification buttons, 56 badges or emblems for the inspectors and clerks in the form prescribedA. 1052--A 4 1 by the state board of elections and such other articles of stationery as 2 may be necessary for the proper conduct of elections, except that when a 3 town, city or village holds an election not conducted by the board of 4 elections, the clerk of such town, city or village, shall provide such 5 official and facsimile ballots and the necessary blanks, supplies and 6 stationery for such election. 7 § 6. Section 8-302 of the election law is amended by adding two new 8 subdivisions 2-b and 3-d to read as follows: 9 2-b. If on election day a voter's name appears in the ledger or 10 computer generated registration list with a notation indicating that the 11 voter was provided an absentee ballot, such voter shall be permitted to 12 cast his or her vote on the voting machine if the voter surrenders his 13 or her absentee ballot and affirmation oath envelope to the inspector 14 and such absentee ballot is marked "VOTED IN PERSON" and placed by the 15 inspector in an envelope designated for this purpose. 16 3-d. If on election day a voter's name appears in the ledger or 17 computer generated registration list with a notation indicating that the 18 voter was provided an absentee ballot and such voter is unable to 19 surrender his or her ballot and affirmation oath envelope pursuant to 20 subdivision two-b of this section, such voter shall only be entitled to 21 vote by affidavit ballot unless a court order provides otherwise. 22 § 7. Section 16-106 of the election law is amended by adding a new 23 subdivision 4-a to read as follows: 24 4-a. In order to obtain any order for temporary or preliminary injunc- 25 tive relief or an impound order halting or altering the canvassing of 26 absentee or affidavit ballots as provided for in section 9-209 of this 27 chapter, in addition to the criteria in article sixty-three of the civil 28 practice law and rules, the petitioner must show, by clear and convinc- 29 ing evidence, that, because of procedural irregularities or other facts 30 arising during the election, the petitioner will be irreparably harmed 31 absent such relief. For purposes of this section, allegations that 32 opinion polls show that an election is close is insufficient to show 33 irreparable harm to a petitioner by clear and convincing evidence. 34 § 8. Section 16-102 of the election law is amended by adding a new 35 subdivision 3-a to read as follows: 36 3-a. In order to obtain any order for temporary or preliminary injunc- 37 tive relief or an impound order halting or altering the canvassing of 38 absentee or affidavit ballots as provided for in section 9-209 of this 39 chapter, in addition to the criteria in article sixty-three of the civil 40 practice law and rules, the petitioner must show, by clear and convinc- 41 ing evidence, that, because of procedural irregularities or other facts 42 arising during the election, the petitioner will be irreparably harmed 43 absent such relief. For purposes of this section, allegations that 44 opinion polls show that an election is close is insufficient to show 45 irreparable harm to a petitioner by clear and convincing evidence. 46 § 9. Subdivision 5 of section 16-106 of the election law, as amended 47 by chapter 359 of the laws of 1989, is amended to read as follows: 48 5. A proceeding under subdivisions one and three of this section must 49 be instituted within twenty days and under subdivision two of this 50 section, within thirty days after the election or alleged erroneous 51 statement or determination was made, or the time when the board shall 52 have acted in the particulars as to which it is claimed to have failed 53 to perform its duty, except that such a proceeding with respect to a 54 village election must be instituted within ten days after such election, 55 statement, determination or action; provided, however, that any proceed- 56 ing seeking to reverse a determination of a board of elections thatA. 1052--A 5 1 results in validating an absentee ballot application shall be instituted 2 within two days of such determination, with the voter in question being 3 named as a necessary party; provided further that any proceeding chal- 4 lenging the canvassing of an absentee ballot due to an alleged defect on 5 the affirmation envelope must name the voter as a necessary party. 6 § 10. The state board of elections shall promulgate rules or regu- 7 lations necessary for the implementation of these provisions including, 8 but not be limited to, (i) ensuring that voters who submitted an absen- 9 tee ballot and thereafter voted in person during the early voting period 10 not have their absentee ballot canvassed in the election; and (ii) 11 ballots are counted in an efficient and fair process that respects the 12 privacy of the voter. 13 § 11. Subdivision 20 of section 17-130 of the election law is amended 14 to read as follows: 15 20. Intentionally opens an absentee voter's envelope or examines the 16 contents thereof after the receipt of the envelope by the board of 17 elections and before the close of the polls at the election except as 18 provided for in section 9-209 of this chapter; or, 19 § 12. This act shall take effect on the ninetieth day after it shall 20 have become a law.
