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.
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.
