Bill Text: NY S00253 | 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 21-0)

Status: (Passed) 2022-06-24 - SIGNED CHAP.228 [S00253 Detail]

Download: New_York-2021-S00253-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         253--A
            Cal. No. 1

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  MYRIE,  BAILEY,  BIAGGI,  BRESLIN, BROUK, COMRIE,
          COONEY, GAUGHRAN, GOUNARDES, HINCHEY, HOYLMAN, JACKSON, KAPLAN, KENNE-
          DY, LIU, MANNION, MAY, PARKER, REICHLIN-MELNICK, SANDERS,  SERRANO  --
          read  twice  and  ordered printed, and when printed to be committed to
          the  Committee  on  Elections  --  recommitted  to  the  Committee  on
          Elections in accordance with Senate Rule 6, sec. 8 -- reported favora-
          bly  from  said  committee  and committed to the Committee on Rules --
          reported favorably from said committee, ordered to  a  third  reading,
          passed  by Senate and delivered to the Assembly, recalled, vote recon-
          sidered, restored to third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        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.
                                                                   LBD02099-03-1