Relates to the receipt by the board of elections of certain absentee ballots received by a board of elections that do not bear or display a dated postmark.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10808A
SPONSOR: Rules (Bichotte) TITLE OF BILL:
An act to amend the election law, in relation to the receipt by the
board of elections of certain absentee ballots received by a board of
elections that do not bear or display a dated postmark
PURPOSE OR GENERAL IDEA OF BILL:
This bill will allow the board of elections to cause all absentee
ballots that does not bear or display a dated postmark to be presumed to
have been timely mailed or delivered if such ballot bears a time stamp
of the receiving board of elections indicating receipt by such board on
the day after the election.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision 1 of section 8-412 of the election law, as
amended by chapter 91 of the laws of 2020, is amended to
l.accept any absentee ballot received by the board of elections no later
than seven days following the day of the election that does not bear or
display a dated postmark shall be presumed to have been timely mailed or
delivered if such ballot bears a time stamp of the receiving board of
elections indicating receipt by such board on the day after the
election.
§ 2. Subdivision 1 of section 8-412 of the election law, as amended by
19 chapter 155 of the laws of 1994, is amended to
1. any absentee ballot sent by way of the United States postal service
and received by the board of elections no later than the day
before of
the election and not later than seven days following the day of the
election that does not bear or display a dated postmark shall be
presumed to have been timely mailed or delivered if such ballot bears a
time stamp of the receiving board of elections indicating receipt by
such board on the day after the election.
JUSTIFICATION:
The people of New York should feel empowered to vote. Unfortunately,
across the state, votes are not being counted because they were not
postmarked by USPS. This technical error is no fault of the voters, and
they deserve to have their votes counted. In Brooklyn, about 4% of
ballots in the primary election of June 2020 were not postmarked. If we
do not make sure that legitimate votes count, voter disenfranchisement
will skyrocket. It is especially important that in light of the COVID-19
pandemic, every effort is made to ensure every New Yorker's right to
vote is protected.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to elections
occurring on or after such effective date; provided, however that the
amendments to subdivision 1 of section 8-412 of the election law made by
section one of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 7 of chapter 91 of the laws of
2020 when upon such date the provisions of section two of this act shall
take effect.
STATE OF NEW YORK
________________________________________________________________________
10808--A
IN ASSEMBLY
July 15, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bichotte) --
read once and referred to the Committee on Election Law -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to the receipt by the
board of elections of certain absentee ballots received by a board of
elections that do not bear or display a dated postmark
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 8-412 of the election law, as
2 amended by chapter 91 of the laws of 2020, is amended to read as
3 follows:
4 1. The board of elections shall cause all absentee ballots received by
5 it before the close of the polls on election day and all ballots
6 contained in envelopes showing a cancellation mark of the United States
7 postal service or a foreign country's postal service, or showing a dated
8 endorsement of receipt by another agency of the United States govern-
9 ment, with a date which is ascertained to be not later than the day of
10 the election and received by such board of elections not later than
11 seven days following the day of election to be cast and counted. For
12 purposes of this section, any absentee ballot received by the board of
13 elections by mail that does not bear or display a dated postmark shall
14 be presumed to have been timely mailed or delivered if such ballot bears
15 a time stamp of the receiving board of elections indicating receipt
16 by such board on the day after the election.
17 § 2. Subdivision 1 of section 8-412 of the election law, as amended by
18 chapter 155 of the laws of 1994, is amended to read as follows:
19 1. The board of elections shall cause all absentee ballots received by
20 it before the close of the polls on election day and all ballots
21 contained in envelopes showing a cancellation mark of the United States
22 postal service or a foreign country's postal service, or showing a dated
23 endorsement of receipt by another agency of the United States govern-
24 ment, with a date which is ascertained to be not later than the day
25 [before] of the election and received by such board of elections not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16936-04-0
A. 10808--A 2
1 later than seven days following the day of election to be cast and
2 counted except that the absentee ballot of a voter who requested such
3 ballot by letter, rather than application, shall not be counted unless a
4 valid application form, signed by such voter, is received by the board
5 of elections with such ballot. For purposes of this section, any absen-
6 tee ballot received by the board of elections by mail that does not bear
7 or display a dated postmark shall be presumed to have been timely mailed
8 or delivered if such ballot bears a time stamp of the receiving board of
9 elections indicating receipt by such board on the day after the
10 election.
11 § 3. This act shall take effect immediately and shall apply to
12 elections occurring on or after such effective date; provided, however
13 that the amendments to subdivision 1 of section 8-412 of the election
14 law made by section one of this act shall be subject to the expiration
15 and reversion of such subdivision pursuant to section 7 of chapter 91
16 of the laws of 2020 when upon such date the provisions of section two of
17 this act shall take effect.
