Bill Text: NY A01144 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to ballots where the express intent of the voter is unambiguous.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-05-04 - substituted by s253a [A01144 Detail]

Download: New_York-2021-A01144-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1144--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Election  Law  --  recommitted to the Committee on Election Law in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the election law,  in  relation  to  ballots  where  the
          express intent of the voter is unambiguous

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 8-410 of the election law, as  amended  by  chapter
     2  352 of the laws of 1986, is amended to read as follows:
     3    §  8-410. Absentee voting; method of. The absentee voter shall mark an
     4  absentee ballot as provided for paper ballots or  ballots  prepared  for
     5  counting  by  ballot  counting machines. He or she shall make no mark or
     6  writing whatsoever upon the ballot,  except  as  above  prescribed,  and
     7  shall see that it bears no such mark or writing. He or she shall make no
     8  mark  or writing whatsoever on the outside of the ballot. In cases where
     9  the express intent of the voter is unambiguous, any stray marks or writ-
    10  ing shall not be a basis for voiding a ballot. After marking the  ballot
    11  or ballots he or she shall fold each such ballot and enclose them in the
    12  envelope  and seal the envelope. He or she shall then take and subscribe
    13  the oath on the envelope, with blanks properly filled in. The  envelope,
    14  containing  the  ballot or ballots, shall then be mailed or delivered to
    15  the board of elections of the county or city of his or her residence.
    16    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    17  elections occurring on or after such effective date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02099-02-1