Bill > A00361

This bill amends New York election law to provide a formal process for voters to cure deficiencies with their affidavit ballots (provisional ballots cast when a voter's eligibility cannot be immediately confirmed at the polling place). Under the new provisions, when the board of elections determines an affidavit ballot envelope is incomplete or defective, they must send a notice to the voter within one day, explaining the reason for rejection and how to remedy the issue. The board must also attempt to contact the voter electronically or by phone if such information is available. Voters can cure the defect by filing a signed affirmation within seven business days that attests to their identity and the required ballot information. If the board determines the affirmation addresses the defect, the ballot will be reinstated and counted. If the board is divided on the sufficiency of the cure, the ballot will be set aside for three days and then potentially canvassed unless a court order dictates otherwise. If a ballot cannot be cured, the voter must be notified by mail within three business days of the rejection. The state board of elections is tasked with creating rules to implement these new procedures, and the law will take effect immediately and apply to elections occurring on or after its effective date.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/A361