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S1577Senate2017-2018 Session

Speed Up Absentee Ballot Counting

Official title

“Relates to amending the required time to commence counting of absentee ballots”

Sponsor Tony AvellaSD-11Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Elections
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Elections

What's happening

This bill requires New York boards of elections to begin canvassing absentee ballots within specific deadlines after election day.

Why it matters

  1. Faster election results. By requiring boards of elections to begin canvassing absentee ballots within 48 hours after polls close (for ballots received before election day), the bill aims to reduce delays in reporting final election outcomes, increasing transparency and public trust.

  2. Clear deadlines for ballot processing. The law sets specific, enforceable deadlines for when absentee ballots must be canvassed, distinguishing between those received before and after election day, which helps ensure consistency and fairness across counties.

  3. Improved voter confidence and reduced uncertainty. By accelerating the processing of absentee ballots, the bill reduces the waiting period for official results, which can help mitigate misinformation, speculation, and anxiety among candidates and the public.

  4. Administrative clarity and planning. The detailed timeline for canvassing provides boards of elections with a predictable schedule, enabling better allocation of resources and personnel, and potentially reducing the risk of errors or legal challenges related to ballot counting.

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Who cares

Headline styles

Speed Up Absentee Ballot Counting

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

No co-sponsors yet.

History

  1. Referred to elections
  2. Referred to elections

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1577

2017-2018 Regular Sessions

IN SENATE

January 10, 2017

Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to amending the required time to commence counting of absentee ballots

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

Section 1. Paragraph (a) of subdivision 1 of section 9-209 of the election law, as amended by chapter 104 of the laws of 2010, is amended to read as follows:

(a) The board of elections shall designate itself or such of its employees as it shall deem appropriate as a set of poll clerks to cast and canvass such ballots, and fix a time and place for their meeting for such purpose, provided that such meeting shall be no more than fourteen days after a general or special election and no more than eight days after a primary election at which such ballots are voted. The board of elections shall commence canvassing such ballots (i) that are received on or before the close of business on the day preceding election day by no later than forty-eight hours after the close of polls on election day and (ii) that are received on election day or within seven days of election day in the case of a primary election or thirteen days of election day in the case of a general or special election by the close of business on the eighth day following election day in the case of a primary election or the fourteenth day in the case of a general or special election or on the first business day thereafter in the event that the eighth day or the fourteenth day, as applicable, after election day is a weekend day or a holiday. The board may designate additional sets of poll clerks and if it designates more than one such set shall apportion among all such sets the election districts from which such ballots have been received, provided that all such ballots from a single election district shall be assigned to a single set of clerks, and that each such set shall be divided equally between representatives of the two major political parties. Each such set of clerks shall be deemed a central board of inspectors for purposes of this section.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00875-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the election law, in relation to amending the required time to commence counting of absentee ballots

Purpose or general idea of bill

The purpose of the bill is to require Boards of Elections to promptly begin counting absentee ballots in a general, primary or special election

Summary of provisions

Section 1 of the bill amends paragraph a of subdivision 1 of section 9-209 of the Election Law by requiring Boards of Elections to begin absentee ballot counting no later than 48 hours after the close of polls for ballots received on or before the day preceding Election Day. Ballots received on Election Day or within 7 days of Election Day must commence counting by the 8th day after Election Day in the case of a primary, or by the 14th after Election Day in the case of a general or special election. In the event that the 8th day or the 14th day is a weekend or holiday, counting must commence on the next businesses day.

Section 2 of the bill sets forth an immediate effective date.

Justification

After a general, primary or special election, the public rightly expects that ballots will be counted in as reasonably expeditious a manner as possible. This is important both so that the public can be informed as to the results and so that enough time is provided for a possible runoff. However, Boards of Elections have begun to routinely wait many days before they even begin to count absentee, military and other paper ballots. In the 2013 New York City mayoral primary election, the local Board of Elections did not commence absentee ballot counting until approximately a week after Election Day. A Board of Elections official cited to the Daily News that the reason for this delay was that the board is not allowed by state law to count paper ballots for a week in order to give ballots time to arrive by mail. This legislation is intended to clarify the law and allow for timelier vote counts to expedite the overall time it takes to declare election results.

Prior legislative history

2015-16: S.1136/A.220 (Buchwald) 2013-14: S.7167A.9243 (Buchwald)

Fiscal implications for state and local governments

None to the State and none to localities as the legislation only affects the timing of already required actions.

Impact on regulation of business and individuals

None

Effect on fines terms of imprisonment or other penal sanctions

EFFECTIVE DATE : This bill shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.