New York A 5368: Provides that for members of a public pension or retirement system, accrued benefits shall not be diminished or impaired except as authorized and prescribed by the legislature

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A05368 Summary:

BILL NOA05368 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORCunningham

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §8-316, El L

&nbsp

Requires that any ballot that is torn, bent, or otherwise damaged or defective shall be identified and set aside for duplication; provides that an election official or a set of witnesses shall examine such ballot to determine the voter's intention and mark up a new ballot marked "duplicate", bearing the same serial number as the damaged or defective ballot; makes related provisions.

Go to top A05368 Actions:

BILL NOA05368 

&nbsp

02/13/2025referred to election law

01/07/2026referred to election law

Go to topA05368 Committee&nbspVotes:

Go to topA05368 Floor&nbspVotes:

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

Go to topA05368 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5368

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 13, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred to the
 Committee on Election Law

 AN ACT to amend the election law, in relation to damaged, defective or
 duplicate ballots

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 8-316 of the election law is amended to read as
 2 follows:
 3 § 8-316. Ballots; [mutilated or spoiled] damaged, defective or dupli-
 4 cative. 1. If a ballot is found to be damaged or defective [or mutilat-
 5 ed] before it is delivered to the voter, its stub and the stubs of all
 6 other ballots in the set shall be identified, detached immediately, and
 7 placed in the box for stubs, by the clerks, or if there are no clerks by
 8 the inspector assigned to the duty of delivering ballots, and all the
 9 ballots of that set immediately shall be marked "cancelled", and placed
 10 in the box for [spoiled and mutilated] damaged or defective ballots. If
 11 a voter returns a ballot as damaged, defective, mutilated, defaced, or
 12 wrongly marked, [he] such voter shall also return all the other ballots
 13 of the set, if any, and such clerks or inspector shall likewise remove
 14 their stubs, placing all the stubs in the box for stubs and all the
 15 ballots of the set in the box for [spoiled or mutilated] damaged or
 16 defective ballots, first marking the ballots "cancelled". In each case,
 17 the voter shall receive another ballot or set of ballots, unless not
 18 entitled thereto.
 19 2. (a) In preparing the voted ballots for processing, any ballot that
 20 is torn, bent, or otherwise damaged or defective shall be identified and
 21 set aside for duplication.
 22 (b) If necessary, a true duplicate copy of the defective ballot shall
 23 be made and substituted therefor, by an election official who is part of
 24 an official duplication team, or who is accompanied by witnesses. The
 25 election official team or set of witnesses shall include members of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06622-01-5

 A. 5368 2

 1 opposing political parties. Such election official shall examine the
 2 ballot to determine the intention of the voter insofar as it can be
 3 ascertained from the defective ballot. The election official shall copy
 4 the voter's choices from the original ballot onto a new ballot. All
 5 duplicate ballots shall be clearly labeled "duplicate", and shall bear a
 6 serial number that shall be recorded on the damaged or defective ballot,
 7 showing which is the duplicate and which is the original ballot. Such
 8 two ballots shall be connected and set aside with any other duplicated
 9 ballots to be preserved as part of the election record.
 10 (c) Once the duplicate ballot is executed, it shall be scanned by the
 11 vote tabulation machine.
 12 § 2. This act shall take effect on the first of January next succeed-
 13 ing the date on which it shall have become a law.

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps