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A10830 Summary:

BILL NOA10830
 
SAME ASSAME AS S08370-B
 
SPONSORRules (Lavine)
 
COSPNSRLupardo, Rozic, Paulin, Simon, Jacobson, Otis
 
MLTSPNSR
 
Amd 9-209, El L
 
Relates to providing voters an opportunity to cure deficiencies regarding absentee ballots.
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A10830 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10830
 
SPONSOR: Rules (Lavine)
  TITLE OF BILL: An act to amend the election law, in relation to providing voters an opportunity to cure deficiencies regarding absentee ballots   PURPOSE: Establishes procedures for when a board of elections receives an invalid absentee ballot affirmation envelope.   SUMMARY OF PROVISIONS: Section 1 amends Section 9-209 of the election law by adding 2 new subdivisions. a) BOE will determine at time of canvass that an absentee ballot affir- mation envelope is unsigned or does not correspond to the registration signature or there is no required witness to mark or that the envelope is returned without an affirmation envelope in the return envelope. BOE shall, within one day of such determination, send to the absentee voter's address indicated in the registration records, or if different the mailing address indicated on the absentee ballot application, a notice explaining the reason for such rejection and the procedure to cure the rejection. b) the voter may cure the defect by filing a duly signed affirmation attesting to the same information required by the affirmation envelope. The BOE shall include a form of affirmation with the notice to the voter. c) Such cure affirmation must be filed with the BOE no later than 7 business days of the board mailing of a rejection notice. If the BOE is split as to the sufficiency of the cure affirmation the envelope will be set aside for 3 days and then canvassed unless the board is directed otherwise by court order. d) when the BOE invalidates a ballot envelope they shall notify the voter by mail to be sent in 3 business days. 3-a if an absentee ballot affirmation envelope is received by the BOE prior to an election and the envelope is unsealed and thus invalid, the board must notify the voter of other option for voting and provide a new absentee ballot if time permits. Section 2 effective date immediately.   JUSTIFICATION: Under the 14th Amendment to the United States Constitution, a voter is entitled to notice when the voter's absentee ballot is rejected. And when such rejection is based on a finding that the voter's signature on the affirmation envelope does not match the voter's registration signa- ture (or similar defects), the voter must be afforded an opportunity to cure the defect. This bill specifically provides for this fundamental due process and notice. No longer will absentee voters be left to wonder whether their vote counted, nor be rendered helpless to dispute an erro- neous determination of the board of elections that their signature is not their own. This legislation delivers transparency and fairness to the canvassing of absentee votes.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: TBD.   EFFECTIVE DATE: This act shall take effect immediately.
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A10830 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10830
 
                   IN ASSEMBLY
 
                                      July 17, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
          read once and referred to the Committee on Election Law
 
        AN ACT to amend the election law, in relation  to  providing  voters  an
          opportunity to cure deficiencies regarding absentee ballots
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 9-209 of the election law is amended by adding  two
     2  new subdivisions 3 and 3-a to read as follows:
     3    3. (a) Upon the board of elections determination at or before the time
     4  of  canvass  that an absentee ballot affirmation envelope is unsigned or
     5  that an affirmation ballot envelope signature does not correspond to the
     6  registration signature or there is no required witness to a mark or that
     7  the envelope is returned without an affirmation envelope in  the  return
     8  envelope, the board shall, within one day of such determination, send to
     9  the  absentee voter's address indicated in the registration records and,
    10  if different, the mailing  address  indicated  on  the  absentee  ballot
    11  application,  a  notice explaining the reason for such rejection and the
    12  procedure to cure the rejection.  The board shall also contact the voter
    13  by either electronic mail or telephone, if such information is available
    14  to the board in the voter's registration information, in order to notify
    15  the voter of the deficiency and the opportunity and the process to  cure
    16  the deficiency.
    17    (b)  The  voter may cure the aforesaid defects by filing a duly signed
    18  affirmation attesting to the same information required by  the  affirma-
    19  tion  envelope  and  attesting that the signer of the affirmation is the
    20  same person who submitted such absentee ballot envelope. The board shall
    21  include a form of such affirmation with the notice to the  voter.    The
    22  affirmation  shall  be  in  a  form  prescribed  by  the  state board of
    23  elections.
    24    (c) Such cure affirmation shall be filed with the board no later  than
    25  seven  business days after the board's mailing of such curable rejection
    26  notice. Provided the board determines that  such  affirmation  addresses
    27  the  curable  defect,  the  rejected ballot shall be reinstated and duly
    28  canvassed. If the board of elections is split as to the  sufficiency  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16405-07-0

        A. 10830                            2
 
     1  the  cure  affirmation,  such envelope shall be set aside for three days
     2  and then canvassed unless the  board  is  directed  otherwise  by  court
     3  order.
     4    (d)  When the board of elections invalidates a ballot envelope and the
     5  defect is not curable, the voter shall be notified by mail  sent  within
     6  three business days of such rejection.
     7    3-a.  If  an  absentee  ballot affirmation envelope is received by the
     8  board of elections prior to the election and is found to be unsealed and
     9  thus invalid, the board shall forthwith notify the voter of such  defect
    10  and  notify the voter of other options for voting, and, if time permits,
    11  provide the voter with a new absentee ballot.
    12    § 2. The state board of elections shall  promulgate  rules  and  regu-
    13  lations to implement this act.
    14    §  3.  This  act  shall  take  effect  immediately  and shall apply to
    15  elections occurring on or after such effective date.
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