A10516 Summary:

BILL NOA10516A
 
SAME ASSAME AS S08130-D
 
SPONSORRules (Simotas)
 
COSPNSROtis, Bichotte, Ortiz, Jacobson, Blake, Lupardo, Seawright, Simon, Stirpe, Griffin, Abinanti, Weinstein, Epstein, Weprin, Bronson, Nolan
 
MLTSPNSR
 
Amd 8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L
 
Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.
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A10516 Floor Votes:

There are no votes for this bill in this legislative session.
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A10516 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10516A
 
SPONSOR: Rules (Simotas)
  TITLE OF BILL: An act to amend the election law, in relation to absentee voting; and providing for the repeal of such provisions upon the expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to recognize increased options for qualified voters to request an absentee ballot in light of the COVID-19 pandemic emergency by recognizing requests through electronic means, and to modi- fy certain requirements relating to the date by which a ballot must be postmarked.   SUMMARY OF PROVISIONS: Section 1 amends Election Law 8-400(2)(c) to allow qualified voters to request an absentee ballot by electronic mail, an electronic transmittal system or a web portal established by the state board of elections or city or county board of elections and dispenses with the requirement that absentee ballot requests be signed by the voter no matter what alternative method is used for the request. Sections 2, 3, 4, 5, and 6 amend the Election Law to require that all absentee ballots received by the Board of Elections be cast if the envelope in which they are contained shows a cancellation mark with a date not later than the day of the election. Section 7 is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version makes technical changes.   JUSTIFICATION: This legislation will help increase voter participation during the COVID-19 pandemic by recognizing additional ways that qualified voters may request an absentee ballot. It complements existing executive orders addressing this issue. It also will result in more absentee ballots being counted by allowing ballots in envelopes showing cancellation mark with a date not later than the day of the election to be counted.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Not yet determined.   EFFECTIVE DATE: Section one of this bill shall take effect one week following the day on which the 2020 primary election, currently scheduled for June 23, 2020, is conducted; sections two through six of this bill shall take effect immediately. This act shall expire and be deemed repealed on December 31, 2020.
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A10516 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10516--A
 
                   IN ASSEMBLY
 
                                      May 24, 2020
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Simotas,
          Weinstein) -- read once and referred to the Committee on Election  Law
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        AN ACT to amend the election law, in relation to  absentee  voting;  and
          providing for the repeal of such provisions upon the expiration there-
          of

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (d) of subdivision 2  of  section  8-400  of  the
     2  election  law,  as separately amended by chapters 97 and 104 of the laws
     3  of 2010, is amended to read as follows:
     4    (d) The board of elections shall mail  an  absentee  ballot  to  every
     5  qualified  voter  otherwise  eligible for such a ballot, [who] when such
     6  voter requests [such] an absentee ballot from such board of elections in
     7  writing in a letter, telefax indicating the address,  phone  number  and
     8  the  telefax  number  from  which  the  writing is sent or other written
     9  instrument, or an electronic application submitted by the voter by elec-
    10  tronic mail or through an electronic transmittal system  or  web  portal
    11  established  by  the state board of elections or city or county board of
    12  elections, which is [signed by the voter and] received by the  board  of
    13  elections  not earlier than the thirtieth day nor later than the seventh
    14  day before the election for which the  ballot  is  first  requested  and
    15  which  states  the address where the voter is registered and the address
    16  to which the ballot is to be mailed; provided, however, a military voter
    17  may request a military ballot or voter registration  application  or  an
    18  absentee ballot application in a letter as provided in subdivision three
    19  of  section  10-106  of  this  chapter;  and provided further, a special
    20  federal voter may request a special federal ballot or voter registration
    21  application or an absentee ballot application in a letter as provided in
    22  paragraph d of subdivision one of section 11-202 of  this  chapter.  The
    23  board  of elections shall enclose with such ballot a form of application
    24  for absentee ballot if the applicant is registered with  such  board  of
    25  elections.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15910-11-0

        A. 10516--A                         2
 
     1    § 2. Subdivision 1 of section 8-412 of the election law, as amended by
     2  chapter 155 of the laws of 1994, is amended to read as follows:
     3    1. The board of elections shall cause all absentee ballots received by
     4  it  before  the  close  of  the  polls  on  election day and all ballots
     5  contained in envelopes showing a cancellation mark of the United  States
     6  postal service or a foreign country's postal service, or showing a dated
     7  endorsement  of  receipt  by another agency of the United States govern-
     8  ment, with a date which is ascertained to be  not  later  than  the  day
     9  [before]  of  the  election  and received by such board of elections not
    10  later than seven days following the day  of  election  to  be  cast  and
    11  counted  [except  that the absentee ballot of a voter who requested such
    12  ballot by letter, rather than application, shall not be counted unless a
    13  valid application form, signed by such voter, is received by  the  board
    14  of elections with such ballot].
    15    §  3.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
    16  9-209 of the election law, as amended by chapter  104  of  the  laws  of
    17  2010, is amended to read as follows:
    18    (iii)  If  such  a  federal write-in absentee ballot is received after
    19  election day, the envelope in which it is received must contain:  (A)  a
    20  cancellation mark of the United States postal service or a foreign coun-
    21  try's  postal  service;  (B)  a  dated endorsement of receipt by another
    22  agency of the United States government; or (C) if  cast  by  a  military
    23  voter,  the signature and date of the voter and one witness thereto with
    24  a date which is ascertained to be not later than the day [before] of the
    25  election [day].
    26    § 4. Subdivision 1 of section 10-114 of the election law,  as  amended
    27  by chapter 165 of the laws of 2009, is amended to read as follows:
    28    1. The board of elections shall cause all military ballots received by
    29  it  before  the  close  of  the  polls  on  election day and all ballots
    30  contained in envelopes showing a cancellation mark of the United  States
    31  postal service or a foreign country's postal service, or showing a dated
    32  endorsement of receipt by another agency of the United States government
    33  or  are  signed  and  dated by the voter and one witness thereto, with a
    34  date which is ascertained to be not later than the day [before]  of  the
    35  election  and  received  by such board of elections not later than seven
    36  days following the day of a primary election and not later than thirteen
    37  days following the day of a general or special election to be  cast  and
    38  counted.
    39    §  5.  Subdivision 1 of section 11-110 of the election law, as amended
    40  by chapter 99 of the laws of 1989, is amended to read as follows:
    41    1. To be counted, any ballot cast under the provisions of this article
    42  must be received by the appropriate board of elections  not  later  than
    43  the close of the polls on election day except that all ballots contained
    44  in  envelopes  showing  a  cancellation mark of the United States postal
    45  service, or a foreign country's postal service  with  a  date  which  is
    46  ascertained to be not later than the day [before] of the election, shall
    47  be cast and counted if received by the board of elections not later than
    48  seven days following the day of election.
    49    §  6. Section 11-212 of the election law, as amended by chapter 163 of
    50  the laws of 2010, is amended to read as follows:
    51    § 11-212. Special federal ballots; deadline for receipt.  All  special
    52  federal  ballots  received by the board of elections before the close of
    53  the polls on election day shall be retained by the  board  of  elections
    54  and  cast  and  canvassed pursuant to section 9-209 of this chapter. All
    55  ballots contained in envelopes showing a cancellation mark of the United
    56  States postal service or a foreign country's postal service, or  showing

        A. 10516--A                         3
 
     1  a  dated  endorsement  of receipt by another agency of the United States
     2  government, with a date which is ascertained to be not  later  than  the
     3  day  [before]  of the election, shall be cast and counted if received by
     4  the  board of elections not later than seven days following the day of a
     5  primary election or thirteen days following the  day  of  a  general  or
     6  special  election [except that the special federal ballot of a voter who
     7  requested such ballot by letter, rather than application, shall  not  be
     8  counted  unless  a  valid  application  form,  signed  by such voter, is
     9  received by the board  of  elections  with  such  ballot].  All  ballots
    10  received  by  the  board  of  elections and all federal write-in ballots
    11  received from special federal voters not later than seven days following
    12  the day of a primary election or thirteen days following the  day  of  a
    13  general or special election, shall be retained at the board and shall be
    14  cast  and canvassed in the same manner as other ballots retained by such
    15  board.
    16    § 7. This act shall take effect immediately;  provided  however,  that
    17  section one of this act shall take effect one week after the date of the
    18  2020  New  York primary election, currently scheduled for June 23, 2020;
    19  provided further, this act shall expire and be deemed repealed  December
    20  31, 2020.
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