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September 2020

New Laws to Vote and Be Counted in November

On August 20, Governor Andrew M. Cuomo signed into law sweeping election reforms that will make it easier for New Yorkers to vote and be counted in November. The three-part package includes new measures allowing absentee ballot applications to be submitted to the Board of Elections immediately, expanding the necessary protections to allow a voter to get an absentee ballot due to risk or fear of illness including COVID-19 and ensuring all absentee ballots postmarked on or before Election Day or received by the Board of Elections without a postmark on the day after the Election will be counted. Ballots with a postmark demonstrating that they were mailed on or before Election Day will be counted if received by November 10.

 

"The federal administration has ordered an unprecedented attack on the U.S. Postal Service and with COVID-19 threatening our ability to have safe, in-person voting, these measures are critical to ensuring a successful and fair election at one of the most important moments in our nation's history," Governor Cuomo said. "These actions will further break down barriers to democracy and will make it easier for all New Yorkers to exercise their right to vote this November."

 

Senate Majority Leader Andrea Stewart-Cousins said, "Voting access is one of the core foundations of our democracy. With the ongoing COVID-19 pandemic, we must ensure that no New Yorkers feel pressured to put their health and well-being at risk to exercise their Constitutional right to vote. I thank the bill sponsors for advancing this legislation, and my Senate Democratic Majority colleagues for their ongoing commitment to empower New York voters and Governor Cuomo for signing these bills."

 

Relating to Absentee Ballot Requests Due to Risk of Illness (S.8015-D/A.10833)

This legislation gives voters the right to request an absentee ballot due to risk of illness to themselves or others.

 

Relating to Absentee Ballot Requests (S.8783A/A.10807)

This legislation authorizes voters to request absentee ballots immediately, 30 days before Election Day, adding almost 7 weeks to the amount of time a voter has to vote by absentee ballot. This legislation eliminates an outdated statutory provision that prevents voters from requesting absentee ballots until 30 days before Election Day. The legislation gives voters reassurance that they will receive and can cast their vote in a timely manner.

 

Relating to Ballots Postmarked on Day of Election (S.8799A/A.10808-A)

This legislation allows ballots to be postmarked on the day of the election, November 3. The legislation also amends election law to allow the Board of Elections to count all absentee ballots that have a time stamp showing it was delivered to the Board of Elections the day after the election but does not have a dated postmark. The Board of Elections shall deem those ballots mailed in a timely fashion.