New York Assembly Bill A00361

New York 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Refer: 1/7/26

Caption

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

Summary

This bill amends the Election Law to create a formal process for voters to cure defects in affidavit ballots before those ballots are finally rejected. If a board of elections determines that an affidavit ballot envelope is incomplete or otherwise defective, it must notify the voter within one day, explain the reason for the rejection, and provide instructions and a cure form. The board must also attempt to contact the voter by email or telephone if that information is available. The voter may correct the problem by submitting a signed affirmation confirming the required information and that the voter is the person who cast the ballot. That cure affirmation must be filed within seven business days after the notice is mailed. If the board finds the cure sufficient, the ballot is reinstated and counted. If the board is split on whether the cure is sufficient, the ballot is held for three days and then canvassed unless a court orders otherwise. The bill also requires separate notice when a defect is not curable and directs the State Board of Elections to adopt implementing regulations.

Impact

The bill would add a new affidavit-ballot cure procedure to section 9-209 of the Election Law, changing how boards of elections handle rejected affidavit ballots in New York. It would impose new notice, contact, and documentation requirements on local election boards, create a voter-facing cure process, and require the State Board of Elections to issue rules and regulations. The practical effect would be to increase the likelihood that technical defects in affidavit ballots do not result in disenfranchisement, while also adding administrative duties and timelines for election officials.

Sentiment

The available bill materials suggest a generally pro-voter, election-access orientation, with the bill framed as a way to ensure more ballots are counted when defects are fixable. The caption emphasizes giving voters an opportunity to cure deficiencies so their votes can be counted, indicating a reform aimed at ballot access and voter protection. No committee transcript or vote record is provided, so there is no direct evidence of opposition or support from legislators in the available context.

Contention

The main point of potential contention is the balance between protecting voter intent and preserving election administration integrity. Supporters are likely to favor the cure process as a safeguard against disqualifying ballots for technical errors, while critics may be concerned about added burdens on boards of elections, tight notice and cure deadlines, and the possibility of disputes over whether a defect is curable or whether a cure affirmation is sufficient. The split-board procedure and the requirement for rapid notification may also raise administrative and legal questions for election officials.