New York A 361: Provides that limited liability for persons held jointly liable shall not apply to parties held liable for failing to provide reasonable security

Status: AMENDED ON THIRD READING 361B (as of 2020-01-21)

State: New York · Session: 2019-2020 · Bill: A 361

Sponsors: PAULIN, COLTON, MOSLEY, ROSENTHAL L

Bill Text

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A00361 Summary:

BILL NOA00361 

&nbsp

SAME ASSAME AS S04578

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SPONSORJackson

&nbsp

COSPNSRGallagher

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MLTSPNSR

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Amd §9-209, El L

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Provides voters an opportunity to cure deficiencies regarding affidavit ballots in order to have their votes counted.

Go to top A00361 Actions:

BILL NOA00361 

&nbsp

01/08/2025referred to election law

01/07/2026referred to election law

Go to topA00361 Committee&nbspVotes:

Go to topA00361 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00361 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 361

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. JACKSON -- read once and referred to the Commit-
 tee on Election Law

 AN ACT to amend the election law, in relation to providing voters an
 opportunity to cure deficiencies regarding affidavit 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 a
 2 new subdivision 7-a to read as follows:
 3 7-a. Curing of affidavit ballot. (a) Upon the board of elections
 4 determination at or before the time of canvass that an affidavit ballot
 5 envelope is incomplete or is in any other manner defective, the board
 6 shall, within one day of such determination, send to the affidavit
 7 ballot voter's address indicated on the affidavit ballot envelope, a
 8 notice explaining the reason for such rejection and the procedure to
 9 cure the rejection. The board shall also contact the voter by either
 10 electronic mail or telephone, if such information is available to the
 11 board in the voter's ballot envelope information, in order to notify the
 12 voter of the deficiency and the opportunity and the process to cure the
 13 deficiency.
 14 (b) The voter may cure the aforesaid defects by filing a duly signed
 15 affirmation attesting to the same information required by the affirma-
 16 tion envelope and attesting that the signer of the affirmation is the
 17 same person who submitted such affidavit ballot. The board shall include
 18 a form of such affirmation with the notice to the voter. The affirmation
 19 shall be in a form prescribed by the state board of elections.
 20 (c) Such cure affirmation shall be filed with the board no later than
 21 seven business days after the board's mailing of such curable rejection
 22 notice. Provided the board determines that such affirmation addresses
 23 the curable defect, the rejected ballot shall be reinstated and duly
 24 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.
 LBD00557-01-5

 A. 361 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 an affidavit ballot and
 5 the defect is not curable, the voter shall be notified by mail sent
 6 within three business days of such rejection.
 7 § 2. The state board of elections shall promulgate rules and regu-
 8 lations to implement this act.
 9 § 3. This act shall take effect immediately and shall apply to
 10 elections occurring on or after such effective date.

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