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S7550

An act to amend the Election Law — 2023-06-08 · Calendar #1791

Senate Print 7550, sponsored by Sen. Stewart-Cousins and relating to amendments to the Election Law, was laid aside on the calendar without debate or vote following a motion by Sen. Lanza.

An act to amend the Election Law — 2023-06-08 · Calendar #1791

The New York State Senate passed legislation moving the 2024 presidential primary from June to April 2 and expanding absentee ballot cure procedures, with a 41-21 vote largely along party lines. The bill, sponsored by Sen. Gianaris and substituted as Assembly Bill 7690, was approved despite Republican opposition focused on election security concerns. The measure advances the presidential primary to increase New York's influence in the nominating process and allows boards of elections to accept unpostmarked absentee ballots received within seven days of Election Day if voters attest they mailed them on Election Day. Sen. Walczyk led the opposition, arguing the absentee ballot cure language fails to require voters to attest they mailed ballots before polls closed, potentially allowing ballots cast after voting ended to be counted. He characterized the provision as creating a loophole that undermines election integrity. Sen. Gianaris countered that the cure process addresses documented postal service failures to postmark ballots and noted the proposal was sanctioned by both the Republican National Committee and Democratic National Committee. All 21 nay votes came from Republican senators, while Sen. Gianaris was recorded in the affirmative.
PASSED Ayes: 41 · Nays: 21

Debate Summary

The bill moves the New York presidential primary from June 2024 to April 2, 2024, and includes provisions for curing absentee ballots lacking postmarks. Sen. Walczyk raised concerns about the timing overlap between the presidential primary and the petitioning period for state and local elections, and questioned whether the absentee ballot cure process adequately requires voters to attest they mailed ballots before polls closed. Sen. Gianaris defended the bill as addressing postal service errors and noted the proposal was sanctioned by both the RNC and DNC.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Gianaris aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican