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S07394 Summary:

BILL NOS07394A
 
SAME ASSAME AS A07632-A
 
SPONSORGIANARIS
 
COSPNSR
 
MLTSPNSR
 
Amd El L, generally; amd Ed L, generally; amd 84 & 84-a, add 84-b, Town L; amd 1053, 1054, 1057-a, 1057-d, 1057-e & 1057-g, NYC Chart
 
Establishes early mail voting; authorizes registered voters to obtain early mail voting ballots through application to the board of elections; requires the state board of elections to establish and maintain an electronic early mail ballot application transmittal system through which voters may apply for an early mail ballot online.
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S07394 Memo:

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S07394 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7394--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 22, 2023
                                       ___________
 
        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Elections  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend the election law, the education law, the town law and
          the New York city charter, in  relation  to  establishing  early  mail
          voting
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  Early Mail Voter Act".
     3    §  2. Article 8 of the election law is amended by adding a new title 7
     4  to read as follows:
     5                                  TITLE VII
     6                              EARLY MAIL VOTING
     7  Section 8-700. Early voting by mail; application for ballot.
     8          8-702. Early voting by mail; review of application by  board  of
     9                   elections.
    10          8-704. Early mail ballots; delivery of.
    11          8-706. Electronic  early  mail  ballot  application  transmittal
    12                   system.
    13          8-708. Early voting by mail; method of.
    14          8-710. Early mail ballots; deadline for receipt, and delivery to
    15                   polling place.
    16          8-712. Online early mail ballot tracking system.
    17    § 8-700. Early voting by mail; application for ballot. 1. A registered
    18  voter may apply to the county board of elections in the county in  which
    19  they  are  registered,  or  to the board of elections of the city of New
    20  York, if registered in the city of New York, to vote early by mail under
    21  this title in any election conducted by the board of elections in  which
    22  the voter is eligible to vote.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11608-03-3

        S. 7394--A                          2
 
     1    2. A registered voter who desires to vote early by mail at an election
     2  must  make an application to vote early by mail on a form to be obtained
     3  and filed as provided in this section, by letter as  provided  in  para-
     4  graph  (d)  of  this  subdivision,  or through the electronic early mail
     5  ballot  application transmittal system pursuant to section 8-706 of this
     6  title.
     7    (a) Application forms to vote early by mail shall be furnished by  and
     8  may  be  obtained  from any board of elections at any time until the day
     9  before such election, or on the electronic early mail ballot application
    10  transmittal system. Application forms shall  also  be  supplied  by  the
    11  board of inspectors of the election district in which the applicant is a
    12  registered  voter on all of the days provided for local registration. In
    13  addition, application forms shall be supplied upon the  request  of  the
    14  person  authorized  to  vote pursuant to this section, any such person's
    15  spouse, parent or child, a person  residing  with  the  applicant  as  a
    16  member  of  their  household,  or the applicant's duly authorized agent.
    17  Application forms sent outside of the United States to a  country  other
    18  than Canada or Mexico, shall be sent by airmail. Any reference to "board
    19  of  elections"  in the remaining provisions of this section, except with
    20  respect to the furnishing and obtaining of applications to vote early by
    21  mail, means only the board of elections of the county or city  in  which
    22  the applicant is a registered voter.
    23    (b) Applications may be filed with the board of elections, through the
    24  electronic early mail ballot application transmittal system or in person
    25  with  the  board  of  inspectors  of  the election district in which the
    26  applicant is a registered voter on one of the days  provided  for  local
    27  registration.
    28    (c)  All  applications requesting to vote early by mail transmitted by
    29  mail or through the electronic early mail ballot application transmittal
    30  system must be received by the board of elections  not  later  than  the
    31  tenth  day  before  the  election for which a ballot is first requested.
    32  Applications to vote early by mail delivered in person at the  board  of
    33  elections  must  be received by such board not later than the day before
    34  such election.
    35    (d) The board of elections shall mail an early mail  ballot  to  every
    36  registered voter otherwise eligible for such a ballot, who requests such
    37  an  early  mail  ballot  from  such  board  of elections in writing in a
    38  letter, telefax indicating the address, phone  number  and  the  telefax
    39  number  from  which  the writing is sent or other written instrument, or
    40  through an electronic application submitted by  the  voter  through  the
    41  electronic  early mail ballot application transmittal system established
    42  by the state board of elections,  which  is  signed  by  the  voter  and
    43  received  by  the board of elections not later than the tenth day before
    44  the election for which the ballot is first requested  and  which  states
    45  the  address  where the voter is registered and the address to which the
    46  ballot is to be mailed.
    47    (e) When mailing an early mail ballot application to a voter the board
    48  of elections shall provide a domestic postage paid return envelope. When
    49  providing an early mail ballot application to  a  voter  in-person,  the
    50  board  of elections shall offer the voter a domestic postage paid return
    51  envelope and provide one if requested.
    52    3. The application for an early mail ballot when filed must contain in
    53  each instance the following information:
    54    (a) Applicant's full name,  date  of  birth,  and  residence  address,
    55  including  the  street and number, if any, rural delivery route, if any,

        S. 7394--A                          3
 
     1  mailing address if different from the residence address and  their  town
     2  or city and an address to which the ballot shall be mailed.
     3    (b) A statement that the applicant is a registered voter in the county
     4  or city where they are applying to vote early by mail.
     5    4.  The  application  for  an early mail ballot shall also provide the
     6  applicant the opportunity to provide their telephone number  and  e-mail
     7  address.
     8    5.  The  application  for  an early mail ballot shall also provide the
     9  applicant the opportunity to request to receive an early mail ballot for
    10  all remaining elections in the calendar year in which the  applicant  is
    11  eligible  to  vote.  If an applicant indicates in the application for an
    12  early mail ballot that they wish to receive an early mail ballot for all
    13  remaining elections in the calendar year, upon filing of  such  applica-
    14  tion,  the board of elections shall indicate such request in the voter's
    15  registration record. When early mail ballots are mailed  for  subsequent
    16  elections  in  the calendar year in which the voter is eligible to vote,
    17  the board of elections shall mail an early mail ballot to the  voter  at
    18  their  last  known  address  by  first  class mail with a request to the
    19  postal authorities not to forward such ballot but to return it  in  five
    20  days  in the event that it cannot be delivered to the addressee.  Howev-
    21  er, the board shall not be required to mail an early mail ballot  pursu-
    22  ant  to this section if the voter's registration has been canceled since
    23  the filing of such application.
    24    6. The application for an early mail ballot shall contain the  follow-
    25  ing  language printed in bold face directly above the signature line: "I
    26  CERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND
    27  UNDERSTAND THAT THIS APPLICATION WILL BE ACCEPTED FOR  ALL  PURPOSES  AS
    28  THE  EQUIVALENT  OF  AN  AFFIDAVIT  AND, IF IT CONTAINS A MATERIAL FALSE
    29  STATEMENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN  DULY
    30  SWORN."  Such  application  shall  be  accepted  for all purposes as the
    31  equivalent of an affidavit and if it contains a material false statement
    32  shall subject the person signing it to the same penalties as  if  he  or
    33  she had been duly sworn.
    34    7.  For  purposes  of  this  section,  the  use of titles, initials or
    35  customary abbreviations of given names by the signers or witnesses of an
    36  early mail ballot application or early mail ballot envelope, or the  use
    37  of  customary  abbreviations  of addresses of such signers or witnesses,
    38  shall not invalidate such voter's signature or witness's signature on an
    39  application for early mail ballot or upon canvass or  recanvass  of  the
    40  ballot pursuant to this chapter.
    41    8.  (a) If a person entitled to an early mail ballot is unable to sign
    42  their application because of illness, physical disability  or  inability
    43  to  read, they shall be excused from signing upon making a statement, in
    44  substantially the following  form,  which  shall  be  witnessed  by  one
    45  person:
    46  "I  hereby  state  that  I am unable to sign my application for an early
    47  mail ballot without assistance because I am unable to write by reason of
    48  illness or physical disability or because I am unable to  read.  I  have
    49  made,  or  have  received  assistance  in  making, my mark in lieu of my
    50  signature."

    51   .................
    52   (Date)
    53                                                     .................
    54                                                     (Mark)
    55                                                     .................

        S. 7394--A                          4
 
     1                                                     (Name of Voter)
 
     2  "I,  the  undersigned, hereby certify that the above named voter affixed
     3  their mark to this application in my presence and I know them to be  the
     4  person  who  affixed  their mark to said application and understand that
     5  this statement will be accepted for all purposes as the equivalent of an
     6  affidavit and if it contains a material false statement,  shall  subject
     7  me to the same penalties as if I had been duly sworn."
 
     8                                                    ......................
     9                                                    (Signature of Witness)
 
    10                                                    ......................
    11                                                    (Address of Witness)
 
    12    (b) Such statement shall be included in the application form furnished
    13  by the board of elections.
    14    9.  Printed forms of applications for early mail ballots in accordance
    15  with the requirements of this section shall be provided by the board  of
    16  elections.  An  appropriate  number  shall  be  retained by the board of
    17  elections for the purpose of furnishing  an  application  form  to  each
    18  registered  voter  who  applies  therefor before the board of elections,
    19  either in person or by mail, and an appropriate number shall  be  deliv-
    20  ered  to each board of inspectors on registration days with the election
    21  supplies, and the board of inspectors shall  retain  the  completed  and
    22  unused applications and return them to the board of elections with their
    23  election  supplies  and  an  appropriate  number  shall be available for
    24  distribution to officers of political parties, county clerks, city, town
    25  and village  clerks,  colleges,  libraries,  and  any  other  convenient
    26  distribution  source  which  is  approved by the local or state board of
    27  elections and which requests such forms.
    28    10. The state board of elections shall prescribe a  standard  applica-
    29  tion  form  for  use under this section. The use of any application form
    30  which substantially complies with the provisions of this  section  shall
    31  be acceptable and any application filed on such a form shall be accepted
    32  for filing.
    33    §  8-702.  Early  voting  by  mail;  review of application by board of
    34  elections. 1. Upon receipt of an application to vote early by  mail  the
    35  board of elections shall determine whether the applicant is a registered
    36  voter of the county or city at the address listed in the application and
    37  is  eligible to vote in the election or elections for which the applica-
    38  tion is filed. An application to vote early by mail  filed  or  received
    39  simultaneously  with or on the same day as a valid registration applica-
    40  tion from the applicant shall be considered valid.
    41    2. If the board of elections determines that the applicant  is  not  a
    42  registered  voter  of  the  county  or city at the address listed in the
    43  application pursuant to subdivision one of this section or the applicant
    44  is not eligible to vote in all of the elections for which  the  applica-
    45  tion  is  filed,  the  board  of  elections shall immediately notify the
    46  applicant of the rejection of the application to vote early by mail  and
    47  provide the reason for such rejection.
    48    3.  In  the  case  of a primary election, the board of elections shall
    49  deliver only the ballot of the party in which the records of  the  board
    50  of  elections  show the applicant to be enrolled. In the event a primary
    51  election is uncontested in the applicant's  election  district  for  all
    52  offices  or  positions  except the party position of member of the ward,

        S. 7394--A                          5
 
     1  town, city or county committee, no ballot shall  be  delivered  to  such
     2  applicant for such election; and the applicant shall be advised why they
     3  are not being sent a ballot.
     4    4. The board shall keep a record of applications to vote early by mail
     5  as  they  are  received,  showing the names and residences of the appli-
     6  cants, and their party enrollment in the case of primary elections, and,
     7  as soon as practicable shall, when requested, give to  the  chairman  of
     8  each  political  party or independent body in the county, and shall make
     9  available for inspection to any other registered voter upon  request,  a
    10  complete  list  of  all  applicants to whom early mail ballots have been
    11  delivered or mailed, containing their names and places of  residence  as
    12  they  appear on the registration record, including the election district
    13  and ward, if any, and in the city of New York and the county of  Nassau,
    14  the assembly district, and their party enrollment in the case of primary
    15  elections.
    16    §  8-704.  Early mail ballots; delivery of. 1. If the board finds that
    17  the applicant is a registered voter of the county or city at the address
    18  listed in the application, the applicant is  eligible  to  vote  in  the
    19  election  at  issue,  and  the  application  is otherwise sufficient, it
    20  shall, as soon as practicable, mail  to  the  applicant  at  an  address
    21  designated  by them, or deliver to them, or to any person designated for
    22  such purpose in writing by them, at the office of the  board,  an  early
    23  mail ballot or set of ballots and an envelope therefor. If the ballot or
    24  ballots  are  to be sent outside of the United States to a country other
    25  than Canada or Mexico, such ballot or ballots shall be sent by air mail.
    26    2. When mailing an early mail ballot to a voter the board of elections
    27  shall provide a domestic postage paid return envelope. When providing an
    28  early mail ballot to a voter in-person, the  board  of  elections  shall
    29  offer  the voter a domestic postage paid return envelope and provide one
    30  if requested.
    31    § 8-706. Electronic early mail ballot application transmittal  system.
    32  1.  In addition to any other means of applying for an early mail ballot,
    33  the  state board of elections shall establish and maintain an electronic
    34  early mail ballot application transmittal system  through  which  voters
    35  may  apply for an early mail ballot online. The state board of elections
    36  shall electronically transmit such applications to the applicable  board
    37  of  elections  of  each  county  or  the city of New York for processing
    38  consistent with this chapter. In accordance  with  technical  specifica-
    39  tions  provided by the state board of elections, each board of elections
    40  shall maintain an  early  mail  ballot  application  system  capable  of
    41  receiving  and  processing  electronic  early  mail ballot applications,
    42  including, but not limited to, electronic signatures, from the electron-
    43  ic early mail ballot application transmittal system established  by  the
    44  state  board  of  elections  pursuant  to this section. Such transmittal
    45  system shall be fully integrated with each county board of elections and
    46  the city of New York board of elections so that a voter may apply online
    47  directly either through the website of their board of elections  or  the
    48  state   board  of  elections.  Notwithstanding  any  other  inconsistent
    49  provision of this chapter, applications filed using such system shall be
    50  considered filed with the applicable board of elections on the  calendar
    51  date  the  application is initially transmitted by the voter through the
    52  electronic early mail ballot application transmittal system.
    53    2. (a) A voter shall be able to apply for an early mail ballot using a
    54  personal online application submitted through the electronic early  mail
    55  ballot application transmittal system when the voter:

        S. 7394--A                          6
 
     1    (i)  completes an electronic early mail ballot application promulgated
     2  by the state board of elections which shall include all of the  informa-
     3  tion required by section 8-700 of this title; and
     4    (ii) affirms, subject to penalty of perjury, by means of electronic or
     5  manual  signature,  that  the  information  contained  in the early mail
     6  ballot application is true; and
     7    (iii) consents to the use of an electronic copy  of  the  individual's
     8  manual signature that is in the custody of the department of motor vehi-
     9  cles,  the  state  board  of  elections,  or  other agency designated by
    10  section 5-211 or 5-212 of this chapter, as the individual's  early  mail
    11  ballot exemplar signature, or provides such a signature by direct upload
    12  in  a  manner that complies with the New York state electronic signature
    13  and records act and the rules and regulations promulgated by  the  state
    14  board of elections.
    15    (b)  The  board  of  elections shall provide the personal online early
    16  mail ballot application in any language required by the  federal  Voting
    17  Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
    18    (c)  The  online  early  mail ballot application process shall provide
    19  reasonable accommodations to  improve  accessibility  for  persons  with
    20  disabilities and shall be compatible for use with standard online acces-
    21  sibility  assistance  tools for persons with visual, physical or percep-
    22  tive disabilities.
    23    (d) The state board of elections  shall  promulgate  rules  and  regu-
    24  lations  for  the  creation  and  administration of an early mail ballot
    25  application system pursuant to this section.
    26    3. (a) If an early mail ballot exemplar signature is not  provided  by
    27  an  applicant  who  submits an early mail ballot application pursuant to
    28  this section, the local board shall seek to obtain such exemplar  signa-
    29  ture  from the statewide voter registration database, the state board of
    30  elections, or a state or local agency designated  by  section  5-211  or
    31  5-212 of this chapter.
    32    (b)  If  such  exemplar  signature is not available from the statewide
    33  voter registration database, the state board of elections, or a state or
    34  local agency designated by section 5-211 or 5-212 of this  chapter,  the
    35  local  board  of  elections  shall,  absent another reason to reject the
    36  application, require the voter to provide an exemplar signature  by  any
    37  one of the following methods: in person, by electronic mail, or by elec-
    38  tronic  upload  to  the  board of elections through the electronic early
    39  mail ballot application transmittal system.
    40    (c) If such voter does not provide the  required  exemplar  signature,
    41  the  board  of  elections shall proceed to issue an early mail ballot to
    42  the voter along with an early mail  ballot  application  form  requiring
    43  such  voter  to submit a signature upon such application form and return
    44  it to the board of elections with the voter's ballot.
    45    4. The electronic early mail  ballot  application  transmittal  system
    46  shall  be  combined  on  a  single  website with the electronic absentee
    47  ballot application transmittal system created pursuant to section  8-408
    48  of  this article. A person using the website must first be provided with
    49  an early mail ballot application before being offered the opportunity to
    50  apply for an absentee ballot. If a person submits an early  mail  ballot
    51  application,  the  person  shall not be offered the opportunity to apply
    52  for an absentee ballot.
    53    § 8-708. Early voting by mail; method of. The early mail  voter  shall
    54  mark  an  early  mail  ballot  as  provided for paper ballots or ballots
    55  prepared for counting by ballot counting machines. They  shall  make  no
    56  mark  or writing whatsoever upon the ballot, except as above prescribed,

        S. 7394--A                          7
 
     1  and shall see that it bears no such mark or writing. They shall make  no
     2  mark  or writing whatsoever on the outside of the ballot. In cases where
     3  the express intent of the voter is unambiguous, any stray marks or writ-
     4  ing  shall not be a basis for voiding a ballot. After marking the ballot
     5  or ballots they shall fold each such ballot  and  enclose  them  in  the
     6  envelope  and  seal the envelope. They shall then take and subscribe the
     7  oath on the envelope, with blanks  properly  filled  in.  The  envelope,
     8  containing  the  ballot or ballots, shall then be mailed or delivered to
     9  the board of elections of the county or city of their residence.
    10    § 8-710. Early mail ballots; deadline for  receipt,  and  delivery  to
    11  polling  place.  1.  The  board  of elections shall cause all early mail
    12  ballots received by it before the close of the polls on election day and
    13  all ballots contained in envelopes showing a cancellation  mark  of  the
    14  United  States  postal service or a foreign country's postal service, or
    15  showing a dated endorsement of receipt by another agency of  the  United
    16  States government, with a date which is ascertained to be not later than
    17  the  day  of  the  election  and received by such board of elections not
    18  later than seven days following the day  of  election  to  be  cast  and
    19  counted.    For purposes of this section, any early mail ballot received
    20  by the board of elections by mail that does not bear or display a  dated
    21  postmark  shall  be  presumed to have been timely mailed or delivered if
    22  such ballot bears a time stamp of the receiving board of elections indi-
    23  cating receipt by such board on the day after the election.
    24    2. Early mail ballots received by the  board  of  elections  shall  be
    25  retained  at  the  board of elections and cast and canvassed pursuant to
    26  the provisions of section 9-209 of this chapter.
    27    § 8-712. Online early mail ballot tracking system. 1. The state  board
    28  of  elections  shall  establish  and  maintain  an electronic early mail
    29  ballot tracking system.  In  accordance  with  technical  specifications
    30  provided  by the state board of elections, each local board of elections
    31  shall maintain an early mail ballot tracking system integrated with  the
    32  state board's system, and which may be integrated with the United States
    33  postal  service  tracking  system, to allow a voter who has submitted an
    34  application for an early mail ballot to track the  status  of  an  early
    35  mail  ballot  application and an early mail ballot on the state board or
    36  local board website.
    37    2. Such website shall not require users to create an account but shall
    38  require verification that the user is accessing their own record through
    39  the inclusion of data identifying the voter and the board  of  elections
    40  at  which the voter is registered, and any other information required by
    41  the state board of elections.
    42    3. The ballot tracking system shall  indicate  to  the  voter  if  the
    43  board:
    44    (a) received such voter's application for an early mail ballot;
    45    (b)  approved  or rejected such application and, if rejected, an indi-
    46  cation of the reason for such rejection;
    47    (c) mailed or delivered an early mail ballot to such voter,  the  date
    48  of such mailing or delivery, and the expected date of receipt;
    49    (d) received the ballot back as undeliverable;
    50    (e) received such voter's completed early mail ballot;
    51    (f) determined the ballot envelope was subject to a cure; and
    52    (g)  counted or rejected such voter's completed early mail ballot and,
    53  if rejected, a brief statement of the reason for rejection.
    54    4. The electronic early mail ballot tracking system shall be  combined
    55  on  a single website with the electronic absentee ballot tracking system
    56  created pursuant to section 8-414 of this article.

        S. 7394--A                          8
 
     1    § 3. Paragraphs (c) and (d) of subdivision 2 of section 8-400  of  the
     2  election  law, as separately amended by chapters 273 and 746 of the laws
     3  of 2021, are amended to read as follows:
     4    (c)  All applications requesting an absentee ballot by mail or through
     5  the electronic absentee ballot application transmittal  system  must  be
     6  received  by the board of elections not later than the [fifteenth] tenth
     7  day before the election for which a ballot is first requested.  Applica-
     8  tions  for  an  absentee  ballot that will be delivered in person at the
     9  board of elections to the voter or to an agent  of  the  voter  must  be
    10  received by such board not later than the day before such election.
    11    (d)  The  board  of  elections  shall mail an absentee ballot to every
    12  qualified voter otherwise eligible for such a ballot, who requests  such
    13  an  absentee ballot from such board of elections in writing in a letter,
    14  telefax indicating the address, phone number and the telefax number from
    15  which the writing is sent or other written instrument, or an  electronic
    16  application  submitted  by  the  voter  through  the electronic absentee
    17  ballot application transmittal system established by the state board  of
    18  elections,  which  is  signed  by the voter and received by the board of
    19  elections not later than the [fifteenth] tenth day before  the  election
    20  for  which  the  ballot  is first requested and which states the address
    21  where the voter is registered and the address to which the ballot is  to
    22  be  mailed;  provided,  however, a military voter may request a military
    23  ballot or voter registration application or an absentee ballot  applica-
    24  tion  in  a letter as provided in subdivision three of section 10-106 of
    25  this chapter; and provided further, a special federal voter may  request
    26  a  special federal ballot or voter registration application or an absen-
    27  tee ballot application in a letter as provided in paragraph d of  subdi-
    28  vision  one  of  section  11-202 of this chapter. The board of elections
    29  shall enclose with such ballot a form of application for absentee ballot
    30  if the applicant is registered with such board of elections.
    31    § 4. The election law is amended by adding a new section 7-119 to read
    32  as follows:
    33    § 7-119. Ballots; early mail voters. 1. (a)  Ballots  for  early  mail
    34  voters  shall be, as nearly as practicable, in the same form as those to
    35  be voted in the district on election day, except that such ballots  need
    36  not  have a stub, and shall have the words "Early Mail Ballot", endorsed
    37  thereon.
    38    (b) All provisions of this chapter not inconsistent with this subdivi-
    39  sion shall be applicable to early mail ballots prepared for counting  by
    40  a  ballot scanner or by hand. The instructions for marking an early mail
    41  ballot shall be provided and shall be substantially as follows, so  that
    42  they accurately reflect the ballot layout:
    43  INSTRUCTIONS
    44  Mark  the  (insert  "oval"  or "square") to the left of the name of your
    45  choice. (Provide illustration of correctly-marked voting position here.)
    46  To vote for a candidate whose name is not printed on the ballot, (insert
    47  "mark the oval (or square) to the left of 'write-in' and print the  name
    48  clearly"  or  "print  the  name clearly in the box labeled 'write-in'"),
    49  staying within the box. Any mark or writing outside the spaces  provided
    50  for voting may void the entire ballot. You have a right to a replacement
    51  ballot.  If  you  make  a  mistake or want to change your vote, call the
    52  board of elections at (insert phone number here) for instructions on how
    53  to obtain a new ballot.  The  number  of  choices  is  listed  for  each
    54  contest. Do not mark the ballot for more candidates than allowed. If you
    55  do, your vote in that contest will not count.

        S. 7394--A                          9

     1    (c)   When   a  question  or  proposal  is  included  on  the  ballot,
     2  instructions substantially similar  to  those  provided  in  subdivision
     3  fifteen of section 7-104 of this article shall be included.
     4    2.  The  determination of the appropriate county board of elections as
     5  to the candidates duly designated or  nominated  for  public  office  or
     6  party  position  whose name shall appear on the early mail ballot and as
     7  to ballot proposals to be voted on shall be made no later than  the  day
     8  after  the  state  board  of elections issues its certification of those
     9  candidates to be voted for at the general, special or primary  election.
    10  The  determinations  of  the state board of elections and the respective
    11  county boards of elections shall be final and conclusive with respect to
    12  such offices for which petitions or  certificates  are  required  to  be
    13  filed with such boards, as the case may be but nothing contained in this
    14  section  shall  prevent  a  board  of elections, or a court of competent
    15  jurisdiction from determining at a later  date  that  any  such  certif-
    16  ication,  designation or nomination is invalid and, in the event of such
    17  later determination, no vote cast for any  such  nominee  by  any  voter
    18  shall be counted at the election.
    19    3. There shall be three envelopes for each early mail ballot issued by
    20  mail:  the  inner  affirmation  envelope into which a voter places their
    21  voted ballot, the outer envelope which shall be addressed to  the  early
    22  mail  voter,  and  the mailing envelope which is addressed to the county
    23  board of elections. The board of elections shall furnish with each early
    24  mail ballot an inner affirmation envelope. On one side of  the  envelope
    25  shall be printed:
    26                         OFFICIAL EARLY MAIL BALLOT
    27                                     for
    28                  GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
 
    29   ..........., 20.......
 
    30  Name of voter ..................
    31  Residence (street and number if any) ..............
    32  City/or town of (village, if any) .................
    33  County of ...............................

    34  Assembly District ......................
    35  Legislative District (as applicable) ..........
    36  Ward (as applicable) .....................
    37  Election District ....................
    38  Party Enrollment (in case of primary election) ....................
 
    39    4.  The  date of the election, name of the county, and name of a city,
    40  if there be a separate ballot for city voters, shall be printed, and the
    41  name of the voter, residence, number of the assembly district,  if  any,
    42  name  of  town,  number  of  ward,  if  any, election district and party
    43  enrollment, if required, shall be either printed or written  or  stamped
    44  in by the board.
    45    5.  There  shall  also  be  a  place  for two board of elections staff
    46  members or inspectors of opposite  political  parties  to  indicate,  by
    47  placing  their  initials  thereon, that they have checked and marked the
    48  voter's poll record and a box  labeled  "BOE  use  only"  for  notations
    49  required  when  the board of elections reviews affirmation ballot envel-
    50  opes pursuant to section 9-209 of this chapter.
    51    6. On the reverse side of such inner  affirmation  envelope  shall  be
    52  printed the following statement:

        S. 7394--A                         10
 
     1                                 AFFIRMATION
 
     2    I  do declare that I am a citizen of the United States, that I am duly
     3  registered in the election district shown on the reverse  side  of  this
     4  envelope  and  I  am qualified to vote in such district; that I have not
     5  qualified nor do I intend to vote elsewhere, that I have  not  committed
     6  any act nor am I under any impediment which denies me the right to vote.
     7    I hereby declare that the foregoing is a true statement to the best of
     8  my  knowledge  and  belief, and I understand that if I make any material
     9  false statement in the foregoing statement of early mail voter, I  shall
    10  be guilty of a misdemeanor.
 
    11  Date ............... 20 ................
 
    12                                               ..........................
    13                                               Signature or mark of voter
 
    14                                               ..........................
    15                                               Signature of Witness
    16                                               (required only if voter
    17                                               does not sign their own
    18                                               name)
 
    19                                               ..........................
    20                                               Address of Witness
 
    21    7.  The inner affirmation envelope shall be gummed, ready for sealing,
    22  and shall have printed thereon, on  the  side  opposite  the  statement,
    23  instructions  as  to  the  duties  of the voter after the marking of the
    24  ballot, which instructions shall include a  specific  direction  stating
    25  when  such ballot must be postmarked and when such ballot must reach the
    26  office of the board of elections in order to be canvassed.
    27    8. Each inner affirmation ballot envelope  shall  be  enclosed  in  an
    28  outer envelope addressed to the appropriate board of elections and bear-
    29  ing  on  it  a specific direction that if an original application for an
    30  early mail ballot is received with the ballot, such application must  be
    31  completed  by the voter and returned in the outer envelope together with
    32  the sealed inner affirmation envelope containing the early  mail  ballot
    33  within the time limits for receipt of the early mail ballot itself. Such
    34  inner  affirmation  envelope and outer envelope shall be enclosed in the
    35  third envelope addressed to the early mail voter. The  outer  and  third
    36  envelopes  shall  have  printed  on the face thereof the words "Election
    37  Material--Please Expedite".
    38    § 5. The election law is amended by adding a  new  section  15-119  to
    39  read as follows:
    40    §  15-119.  Early  mail  voting  at village elections. 1. A registered
    41  voter of a village may vote by early mail ballot under this section  for
    42  a  general or special village election in which the voter is eligible to
    43  vote.
    44    2. A registered voter desirous of obtaining an early mail ballot shall
    45  make written application therefor  to  the  village  clerk.  Application
    46  forms  for use pursuant to this section shall be in a form prescribed by
    47  the state board of elections. The use of any application which is  on  a
    48  form prescribed by the state board of elections shall be acceptable.
    49    3.  An  application  for  an  early  mail ballot must be signed by the
    50  applicant. If a person entitled to an early mail  ballot  is  unable  to

        S. 7394--A                         11
 
     1  sign  their  application  because  of  illness,  physical  disability or
     2  inability to read, they shall be excused  from  signing  upon  making  a
     3  statement, in substantially the following form, which shall be witnessed
     4  by  one person:  "I hereby state that I am unable to sign my application
     5  for an early mail ballot without assistance because I am unable to write
     6  by reason of illness or physical disability or because I  am  unable  to
     7  read.  I  have  made,  or have received assistance in making, my mark in
     8  lieu of my signature."
     9                                                    ......................
    10                                                    (Date)
    11                                                    ......................
    12                                                    (Mark)
    13                                                    ......................
    14                                                    (Name of Voter)
    15  "I, the undersigned, hereby certify that the above named  voter  affixed
    16  their  mark to this application in my presence and I know them to be the
    17  person who affixed their mark to said application  and  understand  that
    18  this statement will be accepted for all purposes as the equivalent of an
    19  affidavit  and  if it contains a material false statement, shall subject
    20  me to the same penalties as if I had been duly sworn."
 
    21                                                   .......................
    22                                                    (Signature of Witness)
 
    23                                                   .......................
    24                                                    (Address of Witness)
 
    25  Such statement shall be included in the application blank form furnished
    26  by the village clerk.
    27    4. The application for an early mail ballot when filed must contain in
    28  each instance the following information:
    29    (a) Applicant's full name,  date  of  birth,  and  residence  address,
    30  including  the  street and number, if any, rural delivery route, if any,
    31  mailing address if  different  from  the  residence  address  and  their
    32  village and an address to which the ballot shall be mailed.
    33    (b) A statement that the applicant is a registered voter.
    34    (c)  Such application shall permit the applicant to apply for an early
    35  mail ballot for a single election or for all remaining elections in  the
    36  calendar year for which the voter is eligible to vote.
    37    5.  The  application  for  an early mail ballot shall also provide the
    38  applicant the opportunity to provide their telephone number  and  e-mail
    39  address.
    40    6. Printed forms containing the application for the early mail ballot,
    41  in  accordance  with  the  requirements of this section, shall be in the
    42  form prescribed by the state board of elections and shall be provided by
    43  the village clerk and shall be available at the  office  of  the  clerk.
    44  Application  forms  for  early  mail  ballots  for  use pursuant to this
    45  section shall be furnished by the village  clerk  upon  request  of  the
    46  person  authorized  to  vote  under this section or by any such person's
    47  spouse, parent, child, authorized agent or any nurse  charged  with  the
    48  care of such person.
    49    7.  An  application  must  be received by the village clerk no earlier
    50  than four months before the election for which an early mail  ballot  is
    51  sought,  except as provided in paragraph (c) of subdivision four of this
    52  section.  If the application requests that  the  early  mail  ballot  be
    53  mailed,  such  application  must  be  received not later than seven days

        S. 7394--A                         12
 
     1  before the election. If the applicant or their agent delivers the appli-
     2  cation to the village clerk in person, such application must be received
     3  not later than the day before the  election.  The  village  clerk  shall
     4  examine  each application. If the application is complete, the applicant
     5  is a registered voter of the village at the address listed in the appli-
     6  cation, and the applicant is eligible  to  vote  in  the  election,  the
     7  application shall be deemed accepted.
     8    8. No later than six days before the election for which an application
     9  has  been  received and accepted by the village clerk, the village clerk
    10  shall mail, by regular mail, an early mail ballot to each applicant  who
    11  has  applied  before such day and who has requested that such early mail
    12  ballot be mailed to them at the address set forth in their  application.
    13  If  the applicant or their agent delivers the application to the village
    14  clerk in person after the seventh day before the  village  election  and
    15  not  later  than  the  day  before the election, the village clerk shall
    16  forthwith deliver such early mail ballots for those applicants whom they
    17  determine are qualified to make such applications and  to  receive  such
    18  ballots  to such applicants or the agents named in the applications when
    19  such applicants or agents appear in the village clerk's office.
    20    9. The early mail ballot shall be caused to be prepared and printed by
    21  the village clerk as provided  by  law  for  paper  ballots  or  machine
    22  ballots,  whichever  are  to  be  used  in said election and appropriate
    23  modifications for the purposes of this section. The village clerk  shall
    24  also  cause  to  be  prepared  and printed return envelopes addressed to
    25  themself, conforming so far as may be practicable to the  provisions  of
    26  this  chapter  stating  thereon  that  in order for the ballot contained
    27  therein to be counted it must be received by the village clerk not later
    28  than the close of the polls on election day. On the reverse side of each
    29  return envelope there shall be written instructions  for  the  voter  to
    30  insert  at  designated places their signature, their name printed, their
    31  residence address within the village and their village election district
    32  if there be more than one district within the village.
    33    10. The method of marking,  preparing  and  mailing  such  ballot  for
    34  voting  shall  conform,  wherever  practicable,  to the methods used for
    35  early mail ballots for a general election, except that the  envelope  in
    36  which it is contained shall be returned to the village clerk. On the day
    37  of the election, the village clerk shall deliver all such ballots, which
    38  have  been  returned  to  them,  in the sealed envelopes to the board of
    39  inspectors of election of the proper election district. No  such  ballot
    40  shall  be  deemed  to have been voted unless or until it shall have been
    41  delivered to the  board  of  inspectors  of  election  of  the  election
    42  district  in which the elector casting the ballot resides and shall have
    43  been deposited by the chairman of such board in  the  box  provided  for
    44  receiving such ballot.
    45    11.  When  such  ballots  shall  have  been  delivered to the board of
    46  inspectors of election of the proper election district  and  shall  have
    47  been duly determined by such board to have been lawfully cast by a qual-
    48  ified  elector of such district, the chairman of such board shall, after
    49  the close of the polls, open the envelopes containing such ballots  and,
    50  without  unfolding  such  ballots  or  permitting the face thereof to be
    51  exposed to the view of anyone, shall deposit each such ballot in  a  box
    52  specifically  furnished  for  such  purpose by the village clerk. If the
    53  board of inspectors shall determine that any such ballot has  been  cast
    54  by  an  elector  who would not be qualified under the provisions of this
    55  section, then such ballot shall not be counted.

        S. 7394--A                         13
 
     1    12. After all the ballots shall have been deposited, the box shall  be
     2  opened  and  such  ballots canvassed in the same manner as other ballots
     3  cast at such election and shall be counted and included in the total  of
     4  all ballots cast at such election.
     5    §  6.  Paragraph  b of subdivision 2 of section 15-124 of the election
     6  law is amended to read as follows:
     7    b. the investigation of any registrant or any applicant for  an  early
     8  mail  or  absentee  ballot  to determine his or her qualifications to be
     9  registered or vote, and
    10    § 7. Subdivision 4 of section 3-108 of the election law is amended  to
    11  read as follows:
    12    4.  Only  those persons duly registered to vote upon the original date
    13  of the general election who did not vote on such date shall be  entitled
    14  to  vote  on the additional day for voting. Voting on the additional day
    15  provided for in this section shall be accomplished solely by  physically
    16  appearing  at  the  polling  place and nothing contained in this section
    17  shall be construed to extend the time set by law for casting or canvass-
    18  ing a military, early mail, absentee  or  special  presidential  ballot;
    19  provided,  however,  that  nothing  contained  herein shall be deemed to
    20  invalidate any early mail, absentee, military  or  special  presidential
    21  ballot duly received on the original date of the general election.
    22    § 8. Subdivision 3 of section 3-222 of the election law, as amended by
    23  chapter 282 of the laws of 2011, is amended to read as follows:
    24    3.  Except  as  hereinafter  provided, packages of protested, void and
    25  wholly blank ballots, open packages of  unused  ballots  and  all  early
    26  mail,  absentee  and military, special federal, special presidential and
    27  emergency ballots and ballot envelopes,  if  any,  opened  or  unopened,
    28  shall  be preserved for two years after the election. Sealed packages of
    29  unused ballots shall be retained  for  four  months,  and  may  then  be
    30  destroyed,  provided  a  certificate  articulating the election district
    31  identifying data and numbers of such ballots is filed with  the  balance
    32  of  ballots  described  in this section, for the balance of the two year
    33  retention period. Except as hereinafter provided, boxes containing voted
    34  paper ballots, if any shall be preserved inviolate for four months after
    35  the election, or until one month  before  the  next  election  occurring
    36  within  five  months after a preceding election if such boxes are needed
    37  for use at such next election and if the officer or board in  charge  of
    38  such  voted  paper  ballots  is  required by law to furnish ballot boxes
    39  therefor.  Provided, however, that such ballot boxes and  such  packages
    40  may be opened, and their contents and the early mail, absentee and mili-
    41  tary,  special  federal,  special presidential and emergency ballots and
    42  ballot envelopes may be examined, upon the order of any court or justice
    43  of competent jurisdiction. Boxes and envelopes  containing  early  mail,
    44  absentee,  military  and emergency ballots voted at a general or special
    45  election, for the office of member of the senate or  assembly,  packages
    46  of void, protested and wholly blank ballots, unopened early mail, absen-
    47  tee and military ballot envelopes and the packages of unused ballots, in
    48  connection  with  such  election, also may be opened, and their contents
    49  and such envelopes also may be examined, by direction of a committee  of
    50  the  senate or assembly to investigate and report on contested elections
    51  of members of the legislature. Unless otherwise ordered or  directed  by
    52  such a court, justice or committee, such boxes shall be opened and their
    53  contents  and  such  packages and the envelopes containing voted ballots
    54  and ballot envelopes shall be destroyed, at the expiration of the period
    55  during which they are required by the provisions of this section  to  be
    56  preserved,  except that instead of being destroyed, they may be sold and

        S. 7394--A                         14
 
     1  the proceeds paid over in the manner provided with respect to  the  sale
     2  of books, records and papers pertaining to an election.
     3    § 9. Section 3-506 of the election law, as added by chapter 244 of the
     4  laws of 2009, is amended to read as follows:
     5    §  3-506. Boards of elections; voting materials in Russian. A board of
     6  elections in a city of over one million shall provide the same  informa-
     7  tion  in Russian that it provides in languages other than English on its
     8  website. It shall also produce and disseminate citywide a  booklet  that
     9  includes:  (a) a voter registration form in English with instructions in
    10  Russian; (b) instructions in Russian regarding the criteria and applica-
    11  tion process for obtaining an early mail or absentee ballot; and  (c)  a
    12  section  with  general voter information in Russian including frequently
    13  asked questions. Such board may include other languages on  its  website
    14  and in such booklet.
    15    §  10.  Subdivision 1 of section 4-117 of the election law, as amended
    16  by chapter 175 of the laws of 2022, is amended to read as follows:
    17    1. The board of elections, between the third Tuesday in April and  the
    18  second  Friday  in  May  in  each  year,  shall send by mail on which is
    19  endorsed such language designated by the state  board  of  elections  to
    20  ensure  postal authorities do not forward such mail but return it to the
    21  board of elections with forwarding information, when it cannot be deliv-
    22  ered as addressed and which  contains  a  request  that  any  such  mail
    23  received  for persons not residing at the address be dropped back in the
    24  mail, a communication,  in  a  form  approved  by  the  state  board  of
    25  elections,  to  every registered voter who has been registered without a
    26  change of address since the beginning of  such  year,  except  that  the
    27  board  of elections shall not be required to send such communications to
    28  voters in inactive status. The communication shall notify the  voter  in
    29  bold print contained in such notice of the days and hours of the ensuing
    30  primary  and general elections, the place where he or she appears by his
    31  or her registration records to be entitled to vote, and  also  in  other
    32  than bold type of the fact that voters who have moved or will have moved
    33  from  the address where they were last registered must either notify the
    34  board of elections of his or her new address or vote by paper ballot  at
    35  the  polling place for his or her new address even if such voter has not
    36  re-registered, or otherwise notified  the  board  of  elections  of  the
    37  change  of address. If the primary will not be held on the first Tuesday
    38  after the second Monday in September, the communication shall contain  a
    39  conspicuous  notice  in  all capital letters and bold font notifying the
    40  voter of the primary date. If the location of the polling place for  the
    41  voter's  election  district  has  been  moved,  the  communication shall
    42  contain the following legend in bold type: "YOUR POLLING PLACE HAS  BEEN
    43  CHANGED.  YOU  NOW  VOTE AT..........". The communication shall indicate
    44  that any registered voter may vote early by  mail  by  applying  for  an
    45  early  mail ballot, and provide information on how to apply for an early
    46  mail ballot. The communication shall also indicate whether  the  polling
    47  place is accessible to physically disabled voters, that a voter who will
    48  be  out  of  the  city  or  county  on the day of the primary or general
    49  election or a voter who is ill or  physically  disabled  may  obtain  an
    50  absentee ballot, that a physically disabled voter whose polling place is
    51  not  accessible  may request that his registration record be moved to an
    52  election district which has a polling place  which  is  accessible,  the
    53  phone  number  to call for applications to move a registration record or
    54  for early mail or absentee ballot applications, the phone number to call
    55  for the location of registration and polling places, the phone number to
    56  call to indicate that the voter is willing to serve on election  day  as

        S. 7394--A                         15
 
     1  an  election  inspector, poll clerk, interpreter or in other capacities,
     2  the phone number to call to obtain an application  for  registration  by
     3  mail,  and  such other information concerning the elections or registra-
     4  tion  as the board may include. In lieu of sending such communication to
     5  every registered voter, the board of elections may send a single  commu-
     6  nication  to  a  household  containing  more  than one registered voter,
     7  provided that the names of all such voters appear as part of the address
     8  on such communication.
     9    § 11. Subdivision 1 of section 4-119 of the election law,  as  amended
    10  by chapter 992 of the laws of 1984, is amended to read as follows:
    11    1.  The  board or body authorized to designate places for registration
    12  in any city, other than the city of New York, shall publish on each  day
    13  of  registration a list of the places for registration designated within
    14  such city in two newspapers published in  such  city.  The  lists  shall
    15  refer  to  the election districts by their numbers and wards or assembly
    16  districts. Such lists shall identify those polling places which  do  not
    17  provide access to handicapped voters. The board of elections of the city
    18  of  New  York  shall  publish in at least two newspapers in such city, a
    19  notice, at least one-half page  in  size,  in  English  and  such  other
    20  languages  as  such  board  deems  appropriate which shall set forth the
    21  dates and hours of registration and the phone number to call for  infor-
    22  mation  about  location  of  polling  places, their accessibility to the
    23  handicapped, applications for early mail and absentee  ballots  and  any
    24  other subjects which such board deems appropriate. So far as is consist-
    25  ent  with the provisions of this section, one of such newspapers in each
    26  such city or, in each county of the city of New  York,  shall  represent
    27  each  of  the major political parties and shall have a large circulation
    28  affording wide publicity. If the newspaper is an evening  newspaper  the
    29  notice shall be published on the last day, other than a Sunday, prior to
    30  any such day of registration.
    31    §  12.  Subdivision 3 of section 4-120 of the election law, as amended
    32  by chapter 359 of the laws of 1989, is amended to read as follows:
    33    3. The board of elections of the city of New York shall publish on the
    34  eighth day before and the day before each general election, in at  least
    35  two  newspapers  in such city, a notice, at least one-half page in size,
    36  in English and such other languages as  such  board  deems  appropriate,
    37  which  sets  forth  the  dates  and  hours of the election and the phone
    38  number to call for information about the  location  of  polling  places,
    39  their  accessibility to the handicapped, applications for early mail and
    40  absentee ballots and any other subjects which such board deems appropri-
    41  ate.
    42    § 13. Subdivision 9 of section 5-210 of the election law,  as  amended
    43  by chapter 113 of the laws of 2023, is amended to read as follows:
    44    9.  The county board of elections shall, as soon as practicable and in
    45  any event, not later than seven days after receipt by it of the applica-
    46  tion, verify the identity of the applicant. In order to do so, the coun-
    47  ty board of elections shall utilize  the  information  provided  in  the
    48  application and shall attempt to verify such information with the infor-
    49  mation  provided  by  the  department of motor vehicles, social security
    50  administration and any other lawful available information source. If the
    51  county board of elections is unable to verify the identity of the appli-
    52  cant within seven days of the receipt of the application, it shall imme-
    53  diately take steps to confirm  that  the  information  provided  by  the
    54  applicant was accurately utilized by such county board of elections, was
    55  accurately  verified  with  other  information  sources and that no data
    56  entry error,  or  other  similar  type  of  error,  occurred.  Following

        S. 7394--A                         16
 
     1  completion  of  the preceding steps, the county board of elections shall
     2  mail (a) a notice of its approval, (b) a notice of  its  approval  which
     3  includes  an  indication that such board has not yet been able to verify
     4  the identity of the applicant and a request for more information so that
     5  such  verification may be completed, or (c) a notice of its rejection of
     6  the application to the applicant in a form approved by the  state  board
     7  of elections. Notices of approval, notices of approval with requests for
     8  more information or notices of rejection shall be sent by nonforwardable
     9  first  class or return postage guaranteed mail on which is endorsed such
    10  language designated by the state board of  elections  to  ensure  postal
    11  authorities  do  not  forward  such  mail  but return it to the board of
    12  elections with forwarding information, when it cannot  be  delivered  as
    13  addressed  and  which contains a request that any such mail received for
    14  persons not residing at the address be dropped back  in  the  mail.  The
    15  voter's  registration  and  enrollment shall be complete upon receipt of
    16  the application by the appropriate county board of elections. The  fail-
    17  ure  of  a  county  board of elections to verify an applicant's identity
    18  shall not be the basis for  the  rejection  of  a  voter's  application,
    19  provided, however, that such verification failure shall be the basis for
    20  requiring  county board of elections to take the additional verification
    21  steps provided by this chapter. The notice shall also advise the  regis-
    22  trant  of  the date when their registration and enrollment is effective,
    23  of the date and the hours of the next  regularly  scheduled  primary  or
    24  general  election  in which such registrant will be eligible to vote, of
    25  the location of the polling place of the election district in which such
    26  registrant is or will be a qualified voter, whether such  polling  place
    27  is  accessible  to physically handicapped voters, an indication that any
    28  registered voter may vote early by mail and information on how to obtain
    29  an early mail ballot, that physically handicapped voters or  voters  who
    30  are  ill  or  voters who will be out of the city or county on the day of
    31  the primary or general election, may obtain an absentee ballot  and  the
    32  phone number to call for absentee ballot applications, the phone numbers
    33  to call for location of polling places, to obtain registration forms and
    34  the  phone number to call to indicate that the voter is willing to serve
    35  on election day as an inspector, poll clerk or interpreter.  The  notice
    36  of  approval,  notice  of  approval with request for more information or
    37  notice of rejection shall also advise the applicant to notify the  board
    38  of elections if there is any inaccuracy. The form of such mail notifica-
    39  tion  shall  be  prescribed  by  the  state board of elections and shall
    40  contain such other information and instructions  as  it  may  reasonably
    41  require  to carry out the purposes of this section. The request for more
    42  information shall inform the voter that  "THE  FAILURE  TO  CONTACT  THE
    43  BOARD  OF  ELECTIONS  AND CORRECT ANY INACCURACIES IN THE APPLICATION OR
    44  PROVIDE REQUESTED ADDITIONAL INFORMATION MAY RESULT  IN  A  REQUEST  FOR
    45  IDENTIFICATION  AT  THE  POLLS  IN  ORDER  TO  CAST  A  VOTE ON A VOTING
    46  MACHINE." If such notice is returned undelivered without a new  address,
    47  the  board  shall  forthwith  send  such applicant a confirmation notice
    48  pursuant to the provisions of section 5-712 of this  article  and  place
    49  such  applicant  in  inactive status. The state board of elections shall
    50  prepare uniform notices by this section as provided for  in  subdivision
    51  eight of section 3-102 of this chapter.
    52    §  14. Subdivision 18 of section 5-211 of the election law, as amended
    53  by section 1 of subpart M of part XX of chapter 55 of the laws of  2020,
    54  is amended to read as follows:
    55    18.  (a)  (i)  On  or  before  January first, two thousand twenty, all
    56  institutions of the state university of New York and the city university

        S. 7394--A                         17
 
     1  of New York shall create and make available to all  students  a  webpage
     2  for  voter  education  on  each such institution's website, containing a
     3  link to an application for voter registration, a link to an  application
     4  for  an [absentee] early mail ballot, contact information for the county
     5  board of elections, and the name and contact information for the  admin-
     6  istrator responsible for voter registration assistance on each campus.
     7    (ii) Each such institution shall, at the beginning of the school year,
     8  and  again  in  January  of  a year in which the president of the United
     9  States is to be elected, provide an application for  voter  registration
    10  and  an  application for an [absentee] early mail ballot to each student
    11  in each such  institution.  Each  institution  shall  be  considered  in
    12  compliance  with  the requirements of this subparagraph for each student
    13  to whom the institution electronically transmits  a  message  containing
    14  the  link to the webpage for voter education, the link to an application
    15  for voter registration and the link to an application for an  [absentee]
    16  early  mail  ballot,  if  such  information  is in an electronic message
    17  devoted exclusively to voter registration.
    18    (iii) Each such institution shall provide the same degree  of  assist-
    19  ance as required of participating agencies.
    20    (b)  The  state  university of New York and the city university of New
    21  York, on behalf of each institution  within  its  system,  shall  on  or
    22  before June first, two thousand twenty, and each subsequent year, submit
    23  a  report disaggregated according to each institution to the state board
    24  of elections that includes:
    25    (i) the efforts of the institution to register voters in the preceding
    26  calendar year;
    27    (ii) a date-stamped screen shot of the  webpage  for  voter  education
    28  that  contains  the  required  information  under  paragraph (a) of this
    29  subdivision;
    30    (iii) the number of students who were registered for  course  work  in
    31  the preceding twelve months at such institution and the number of clicks
    32  on  the  links  to  online  voter registration and [absentee] early mail
    33  ballot applications; and
    34    (iv) any other efforts or recommendations  the  institution  plans  to
    35  implement  to  improve access to voter registration and [absentee] early
    36  mail ballot voting for students at the institution.
    37    (c) The state board of  elections  shall  make  the  reports  provided
    38  pursuant  to paragraph (b) of this subdivision publicly available on its
    39  website.
    40    § 15. Subdivision 5 of section 5-215 of the election law,  as  amended
    41  by chapter 375 of the laws of 2015, is amended to read as follows:
    42    5.  If  a veterans health administration hospital in which any veteran
    43  entitled to vote in this state is a  resident  or  patient,  is  located
    44  outside  the  State  of  New  York,  an application for an early mail or
    45  absentee ballot signed by such veteran or his or her spouse,  parent  or
    46  child  accompanying or being with him or her, if a qualified voter and a
    47  resident of the  same  election  district,  shall  constitute  permanent
    48  personal registration.
    49    §  16.  Subdivision 1 of section 5-502 of the election law, as amended
    50  by chapter 510 of the laws of 1985, is amended to read as follows:
    51    1. The board of elections shall furnish in time for use by the  boards
    52  of inspectors of election, the registration records, an American flag, a
    53  map or certified description of the election district, and the adjoining
    54  election  districts,  challenge  affidavits,  early mail ballot applica-
    55  tions, absentee voting applications, a list of voters who are  currently
    56  registered  in  the  election  district, a list of those voters who have

        S. 7394--A                         18
 
     1  been cancelled in the last year with the reason for such  cancellations,
     2  forms for statements of temporary absence, a sufficient number of copies
     3  of  the  ballot  proposals  to be submitted to the voters at the ensuing
     4  election,  at  least  one copy of the instruction booklet for inspectors
     5  and all other forms and supplies required for the administration of  the
     6  registration system as provided by this article.
     7    §  17.  Paragraph  i of subdivision 3 of section 5-614 of the election
     8  law, as added by chapter 24 of the laws of 2005, is amended to  read  as
     9  follows:
    10    i.  allow  local  boards  of  elections,  using  their own systems, to
    11  perform essential election functions including but not limited to  proc-
    12  essing  of  early  mail  voters, absentee voters, administration of poll
    13  workers and polling places, assignment of election  jurisdictions  based
    14  on  residence  and address and other functions necessary for the conduct
    15  of elections using voter  registration  information  from  the  official
    16  statewide voter registration list.
    17    § 18. Subdivision 2-a and subparagraph (ii) of paragraph (e) of subdi-
    18  vision  3 of section 8-302 of the election law, subdivision 2-a as added
    19  by chapter 763 of the laws of 2021, and subparagraph (ii)  of  paragraph
    20  (e)  of subdivision 3 as amended by chapter 113 of the laws of 2023, are
    21  amended to read as follows:
    22    2-a. If a voter's name appears in the  ledger  or  computer  generated
    23  registration list with a notation indicating that the board of elections
    24  has  issued  the  voter  an  early  mail,  absentee, military or special
    25  ballot, such voter shall not be permitted to vote on a voting machine at
    26  an early voting site or on  election  day  but  may  vote  by  affidavit
    27  ballot.
    28    (ii)  They  may  swear to and subscribe an affidavit stating that they
    29  have duly registered to vote, the address in such election district from
    30  which they registered, that they remain a duly qualified voter  in  such
    31  election  district,  that  their  registration poll record appears to be
    32  lost or misplaced or that their name and/or their signature was  omitted
    33  from  the  computer generated registration list or such record indicates
    34  the voter already voted when they did not do so or that they have  moved
    35  within New York state since they last registered, the address from which
    36  they  were previously registered and the address at which they currently
    37  reside, and at a primary election, the party in which they are enrolled.
    38  The inspectors of election shall offer such an affidavit  to  each  such
    39  voter  whose  residence  address is in such election district. Each such
    40  affidavit shall be in a form prescribed by the state board of elections,
    41  shall be printed on an envelope of the size  and  quality  used  for  an
    42  [absentee]  early mail ballot envelope, and shall contain an acknowledg-
    43  ment that the affiant understands that any false statement made  therein
    44  is  perjury  punishable  according  to  law. Such form prescribed by the
    45  state board of elections shall request information required to  register
    46  such  voter should the county board determine that such voter is not yet
    47  registered and shall constitute an application to register to vote.  The
    48  voter's  name  and  the  entries  required shall then be entered without
    49  delay and without further inquiry in the fourth section of the challenge
    50  report or in the place provided in the computer  generated  registration
    51  list,  with  the  notation  that  the  voter  has executed the affidavit
    52  hereinabove prescribed, or, if such person's name appears in such regis-
    53  tration list, the board of elections may provide a place  to  make  such
    54  entry  next  to  their  name in such list. The voter shall then, without
    55  further inquiry, be permitted to vote an affidavit ballot  provided  for
    56  by  this chapter.  Such ballot shall thereupon be placed in the envelope

        S. 7394--A                         19
 
     1  containing their affidavit, and the envelope sealed and returned to  the
     2  board  of elections in the manner provided by this chapter for protested
     3  official ballots, including a statement of the number of such ballots.
     4    §  19. Section 8-502 of the election law, as amended by chapter 373 of
     5  the laws of 1978, is amended to read as follows:
     6    § 8-502. Challenges; generally. Before his vote is cast at an election
     7  any person may be challenged as to his right to vote, or  his  right  to
     8  vote by early mail, absentee, military, special federal or special pres-
     9  idential ballot. Such challenge may be made by an inspector or clerk, by
    10  any  duly  appointed watcher, or by any registered voter properly in the
    11  polling place. An inspector shall challenge  every  person  offering  to
    12  vote,  whom  he  shall  know  or  suspect is not entitled to vote in the
    13  district, and every person whose name appears on the list of persons  to
    14  be  challenged  on  election  day  which  is  furnished  by the board of
    15  elections.
    16    § 20. The section heading and subdivision 1 of section  8-506  of  the
    17  election law, the section heading as amended by chapter 8 of the laws of
    18  1978 and subdivision 1 as amended by chapter 40 of the laws of 2009, are
    19  amended to read as follows:
    20    Challenges;  early  mail,  absentee,  military,  special  federal  and
    21  special presidential ballots.  1. During the examination of early  mail,
    22  absentee,  military,  special  federal  and special presidential voters'
    23  ballot envelopes, any inspector shall, and  any  watcher  or  registered
    24  voter  properly  in  the polling place may, challenge the casting of any
    25  ballot upon the ground or grounds allowed for challenges  generally,  or
    26  (a)  that  the  voter  was not entitled to cast an early mail, absentee,
    27  military, special federal or special presidential ballot,  or  (b)  that
    28  notwithstanding  the  permissive  use  of  titles, initials or customary
    29  abbreviations of given names, the signature on the ballot envelope  does
    30  not  correspond to the signature on the registration poll record, or (c)
    31  that the voter died before the day of the election. A  challenge  to  an
    32  early  mail  ballot  may  not be made on the basis that the voter should
    33  have applied for an absentee ballot. A challenge to an  absentee  ballot
    34  may  not  be made on the basis that the voter should have applied for an
    35  early mail ballot.
    36    § 21. Subdivisions 1 and 3 of section 9-124 of the  election  law,  as
    37  amended  by  chapter  437  of  the  laws of 2019, are amended to read as
    38  follows:
    39    1. After the returns of the canvass  are  made  out  and  signed,  the
    40  inspectors  shall  enclose  the ballot stubs, protested and void ballots
    41  and the ballots cast in affidavit envelopes in separate sealed envelopes
    42  or containers and endorse thereon a certificate signed by each  of  them
    43  stating  the  number of the district and the number of ballots contained
    44  in such envelopes  or  containers.  The  inspectors  shall  enclose  the
    45  unscanned  voted  ballots  canvassed in accordance with section 9-110 of
    46  this title in a separate sealed envelope or container and endorse there-
    47  on a certificate signed by each  of  them  stating  the  number  of  the
    48  district,  ballot  scanner  identification information and the number of
    49  ballots contained in such envelope or container.  The  inspectors  shall
    50  then  package  and seal the other voted ballots and place them in one or
    51  more boxes or containers, and include within such  boxes  or  containers
    52  one  portable  memory  device from each ballot scanner pursuant to para-
    53  graph (d) of subdivision two of section 9-102 of  this  title,  and  any
    54  early mail, absentee, military, special federal, or special presidential
    55  ballots  which  may have been delivered to the poll site during election
    56  day, and securely lock and seal such boxes or containers.  Notwithstand-

        S. 7394--A                         20
 
     1  ing the preceding sentence, such portable memory device from each ballot
     2  scanner  with the corresponding results tape may be enclosed in a sealed
     3  container and transported prior to and separately from  other  materials
     4  referenced  in  this  section  for  the  purpose of using such device to
     5  provide an unofficial tally of results as required by section  9-126  of
     6  this title.
     7    3.  (a)  Except in the city of New York, the registration poll records
     8  or computer generated registration lists, the returns  of  canvass  with
     9  results  tapes  and  tally  sheets,  if any, annexed, the voted ballots,
    10  stubs, opened packages of unused ballots and ballot envelopes, any early
    11  mail, absentee,  military,  special  federal,  or  special  presidential
    12  ballots  which  may have been delivered to the poll site during election
    13  day, the challenge report records, keys and the package of protested and
    14  void ballots shall be filed with the board of elections.
    15    (b) Records and supplies to be filed with  a  city,  town  or  village
    16  clerk shall be so filed or delivered immediately after the completion of
    17  the  returns  of the canvass, by an inspector designated by the board of
    18  inspectors. Returns, papers and registration poll  records  or  computer
    19  generated  registration  lists  to  be filed with the board of elections
    20  shall be so filed by the chairman of  the  board  of  inspectors  within
    21  twenty-four  hours  after  the  completion  of  such returns. The person
    22  receiving such returns in the board  of  elections  shall  give  to  the
    23  person  delivering  the  returns  a receipt stating therein the date and
    24  hour of delivery, the name of the person making  the  delivery,  and  to
    25  whom  said  returns  were  delivered  and shall keep a duplicate of said
    26  receipt on file in the office of the board of elections.
    27    (c) In the city of New York, the board of inspectors shall deliver  to
    28  police  or  peace officers designated by the police commissioner of such
    29  city, at the polling place the registration  poll  records  or  computer
    30  generated  registration  lists,  challenge  report, records, keys, other
    31  election supplies, including two copies of the returns  of  the  canvass
    32  and  any  early  mail,  absentee,  military, special federal, or special
    33  presidential ballots which may have been  delivered  to  the  poll  site
    34  during  election  day,  voted  ballots,  stubs,  open packages of unused
    35  ballots and ballot envelopes. Such police or peace officers  shall  file
    36  the  returns, the package of void and protested ballots, if any, and the
    37  early mail, absentee, military, special federal, or special presidential
    38  ballots which may have been delivered to the poll site  during  election
    39  day;  and  emergency ballots, stubs and ballot envelopes, if any, within
    40  twenty-four hours after the close of the polls, in  the  office  of  the
    41  board  of elections or its branch office within the borough, as the case
    42  may be.
    43    § 22. The section heading and opening paragraph,  subdivision  1,  the
    44  subdivision  heading  and opening paragraph of subdivision 2, paragraphs
    45  (a) and (b) of subdivision 4, the subdivision heading and paragraph  (f)
    46  of  subdivision 6, paragraphs (a) and (k) of subdivision 7, the subdivi-
    47  sion heading and paragraph (a) of subdivision 8  and  subdivision  9  of
    48  section  9-209  of the election law, as added by chapter 763 of the laws
    49  of 2021, are amended to read as follows:
    50    Canvass of early mail, absentee, military  and  special  ballots,  and
    51  ballots  cast  in  affidavit envelopes. Before completing the canvass of
    52  votes cast in any primary, general, special, or other election at  which
    53  voters  are  required  to  sign  their  registration poll records before
    54  voting, the board of elections shall proceed in the  manner  hereinafter
    55  prescribed  to  review, cast and canvass early mail, any absentee, mili-
    56  tary, special presidential, special federal or other special ballots and

        S. 7394--A                         21
 
     1  any ballots cast in affidavit  envelopes.  Each  such  ballot  shall  be
     2  retained  in  the original envelope containing the voter's affidavit and
     3  signature, in which it is delivered to the board of elections until such
     4  time as it is to be reviewed, in order to be cast and canvassed.
     5    1.  Central board of canvassers. Within four days of the receipt of an
     6  early mail, absentee, military or special ballot, the board of elections
     7  shall designate itself or such of its employees as it shall deem  appro-
     8  priate  as  a  set  of  poll clerks to review such ballot envelopes. The
     9  board may designate additional sets of poll clerks and if it  designates
    10  more  than one such set shall apportion among all such sets the election
    11  districts from which such ballots have been received, provided that when
    12  reviewing ballots, all ballots from a single election district shall  be
    13  assigned  to  a  single  set  of clerks, and that each such set shall be
    14  divided equally between  representatives  of  the  two  major  political
    15  parties.  Each  such  set  of  clerks shall be deemed a central board of
    16  canvassers for purposes of this section.
    17    Review of early mail, absentee, military and special ballot envelopes.
    18  Within four days of the receipt of an early mail, absentee, military  or
    19  special  ballot before the election, and within one day of receipt on or
    20  after the election, each central board of canvassers shall  examine  the
    21  ballot  affirmation  envelopes as nearly as practicable in the following
    22  manner:
    23    (a) Such central board of canvassers shall review any federal write-in
    24  absentee ballots validly cast by an early mail voter, an absentee voter,
    25  a military voter or a special federal voter for the offices of president
    26  and  vice-president,  United  States  senator  and   representative   in
    27  congress. Such central board of canvassers shall also review any federal
    28  write-in absentee ballots validly cast by a military voter for all ques-
    29  tions  or proposals, public offices or party positions for which a mili-
    30  tary voter is otherwise eligible to vote as provided in  section  10-104
    31  of this chapter.
    32    (b)  Federal  write-in absentee ballots shall be deemed valid only if:
    33  (i) an application for an early  mail,  absentee,  military  or  special
    34  federal  ballot  was received from the early mail, absentee, military or
    35  special federal voter; (ii) the federal  write-in  absentee  ballot  was
    36  submitted  from  inside or outside the United States by a military voter
    37  or was submitted from outside the United States  by  a  special  federal
    38  voter; (iii) such ballot is received by the board of elections not later
    39  than  thirteen  days following the day of election or seven days after a
    40  primary election; and (iv) the early mail, absentee, military or special
    41  federal ballot which was sent to the voter is not received by the  board
    42  of  elections  by  the  thirteenth day following the day of a general or
    43  special election or the seventh day after a primary election.
    44    Casting and canvassing of early mail, absentee, military  and  special
    45  ballots.
    46    (f)  Upon completing the casting and canvassing of any remaining valid
    47  ballots as hereinabove provided for any election district,  the  central
    48  board  of  canvassers  shall  thereupon, as nearly as practicable in the
    49  manner provided in this article for early mail, absentee,  military  and
    50  special  ballots,  verify the number of ballots so cast, tally the votes
    51  so cast, add such tally to the previous tally of all votes cast in  such
    52  election district, and record the result.
    53    (a)  Within four business days of the election, the board of elections
    54  shall review all affidavit ballots cast in the election. If the  central
    55  board  of  canvassers  determines  that a person was entitled to vote at
    56  such election it shall cast and canvass such affidavit ballot; provided,

        S. 7394--A                         22
 
     1  however, if the board of elections receives one  or  more  timely  early
     2  mail  or absentee ballots from a voter who also cast an affidavit ballot
     3  at a poll site, the last such  timely  early  mail  or  absentee  ballot
     4  received  shall be canvassed and the affidavit ballot shall be set aside
     5  unopened; and provided further, if a voter was issued an early  mail  or
     6  absentee  ballot  and  votes  in  person via an affidavit ballot and the
     7  board does not receive such early mail or absentee ballot, the affidavit
     8  ballot shall be canvassed if the voter is otherwise qualified to vote in
     9  such election.
    10    (k) The board of elections shall enter  information  into  the  ballot
    11  tracking  system,  as  defined  in [section] sections 8-414 and 8-712 of
    12  this chapter, to allow a voter who cast a ballot in an early  voting  or
    13  affidavit envelope to determine if the vote was counted.
    14    Post-election  review  of  invalid  early mail, absentee, military and
    15  special ballots. (a) Within four business  days  of  the  election,  the
    16  board  of  elections  shall designate itself or such of its employees to
    17  act as a central board of canvassers as provided in subdivision  one  of
    18  this  section  and  meet  to  review  early mail, absentee, military and
    19  special ballots determined to be invalid pursuant to  paragraph  (a)  of
    20  subdivision  two of this section, ballot envelopes that were returned to
    21  the board as undeliverable, and ballot envelopes containing one or  more
    22  curable defects that have not been timely cured.
    23    9. State board of elections; powers and duties for canvassing of early
    24  mail, absentee, military, special and affidavit ballots. The state board
    25  of  elections  shall  promulgate rules and regulations necessary for the
    26  implementation of the provisions of this section. Such rules  and  regu-
    27  lations  shall  include, but not be limited to, provisions to (a) ensure
    28  an efficient and fair review process that respects the  privacy  of  the
    29  voter, (b) ensure the security of the central count scanners used before
    30  election  day,  and  (c)  ensure  that  ballots cast as provided in this
    31  section are canvassed and counted as if cast on election day.
    32    § 23. Section 10-122 of the  election  law,  the  section  heading  as
    33  amended  by  chapter  373  of  the  laws  of 1978, is amended to read as
    34  follows:
    35    § 10-122. Military voter; early mail or absentee ballot, right to. Any
    36  military voter may vote by early mail ballot or absentee  ballot  rather
    37  than  military  ballot  provided that he complies with the provisions of
    38  this chapter relating thereto.
    39    § 24. Subdivision 2 of section 10-124 of the election law, as added by
    40  chapter 262 of the laws of 2003, is amended to read as follows:
    41    2. The state board of elections shall  be  responsible  for  providing
    42  information  regarding  voter  registration  procedures  and  [absentee]
    43  ballot procedures applicable to  military  and  special  federal  voters
    44  wishing to register or vote in any jurisdiction of the state.
    45    § 25. Section 11-300 of the election law, as amended by chapter 163 of
    46  the laws of 2010, is amended to read as follows:
    47    §  11-300.  Special  ballots on account of religious scruples. A voter
    48  may deliver to the inspectors of election of the  election  district  in
    49  which he is registered, or to the board of elections, at any time during
    50  the period in which an application for early mail or absentee ballot may
    51  be  so  delivered  pursuant to the provisions of this chapter, a written
    52  statement of religious  scruples  against  voting  at  a  polling  place
    53  located  in  a  premises  used  for religious purposes. In the event the
    54  polling place for any such voter's election district shall be located in
    55  a premises used for religious purposes, the  board  of  elections  shall
    56  permit  such  voter to cast a special ballot, at an office of such board

        S. 7394--A                         23
 
     1  of elections, not earlier than one week  before  the  election  and  not
     2  later than the close of the polls on election day. Such ballots shall be
     3  retained  at  the  board of elections and cast and canvassed pursuant to
     4  the provisions of section 9-209 of this chapter.
     5    §  26. Subdivision 1 of section 11-306 of the election law, as amended
     6  by chapter 150 of the laws of 2019, is amended to read as follows:
     7    1. A voter may deliver to the board of  elections,  in  person  or  by
     8  mail,  at  any  time  during  the period in which early mail or absentee
     9  ballot applications may be delivered, a signed written statement  swear-
    10  ing or affirming:
    11    (a) that he or she is the victim of domestic violence;
    12    (b)  that  he  or  she  has  left his or her residence because of such
    13  violence; and
    14    (c) that because of the  threat  of  physical  or  emotional  harm  to
    15  himself  or  herself or to family or household members, he or she wishes
    16  to cast a special ballot  in  the  next  election.  The  statement  must
    17  include  the  voter's  address  of  registration. The board of elections
    18  shall permit such a voter to cast a special ballot at an office of  such
    19  board  of  elections  not  later than the close of the polls on election
    20  day, or by mail within the same time and in the  same  manner  in  which
    21  early  mail  or  absentee ballots may be cast, provided however that the
    22  distribution of such ballots to such voters shall  be  timed  to  afford
    23  such  voters  sufficient time to cast such ballots prior to the close of
    24  the polls on election day. Such ballots shall be retained at  the  board
    25  of  elections  and  cast  and  canvassed  pursuant  to the provisions of
    26  section 9-209 of this chapter.
    27    § 27. Subdivisions 1 and 2 of section 11-308 of the election  law,  as
    28  added  by  chapter  485  of  the  laws  of  2016, are amended to read as
    29  follows:
    30    1. A registered voter who serves as an emergency responder in times of
    31  emergency, as declared by the governor or a court of competent jurisdic-
    32  tion, may apply to the board of elections by letter or special  applica-
    33  tion  via mail, facsimile or e-mail, for a special ballot. Such applica-
    34  tion or letter may be delivered to the board of elections  at  any  time
    35  prior  to  any  election, without regard to deadlines for the receipt of
    36  early mail or absentee ballot applications.
    37    2. Emergency responders may utilize an early mail or  absentee  ballot
    38  application to request a special ballot, or may file a written statement
    39  that  he or she will be unable to appear at the polling place on the day
    40  of an election because his or  her  duties  as  an  emergency  responder
    41  require such voter to be elsewhere. The emergency responder shall desig-
    42  nate  a  preference  for  the  receipt of a special ballot. The board of
    43  elections shall provide such voter a  special  ballot  immediately  upon
    44  such request, and shall utilize overnight express delivery for such mail
    45  ballot delivery.  If the designated preference is for facsimile or elec-
    46  tronic  transmission,  the  ballot shall be furnished in the same manner
    47  applicable to military voters who request ballots in such format.
    48    § 28. Section 15-100 of the election law, as amended by chapter 359 of
    49  the laws of 1989, is amended to read as follows:
    50    § 15-100. Application of article. This article applies to all  general
    51  and  special  village  elections  for officers and all the provisions of
    52  this chapter, not inconsistent with this article,  shall  apply  to  all
    53  village  elections,  except  that  if a village has adopted a resolution
    54  pursuant to paragraph c of subdivision one of  section  15-104  of  this
    55  article,  the  other provisions of this chapter governing the conduct of
    56  elections and proceedings relating thereto,  including  the  manner  and

        S. 7394--A                         24
 
     1  times  for making nominations and proceedings relating to early mail and
     2  absentee voting, and the provisions of  this  article  not  inconsistent
     3  with other provisions of this chapter shall apply to such elections.
     4    §  29. Subdivision 8 of section 15-118 of the election law, as amended
     5  by chapter 217 of the laws of 1992, is amended to read as follows:
     6    8. The village clerk shall furnish  the  inspectors  of  election,  at
     7  village  expense,  with all necessary registration books, papers, equip-
     8  ment and supplies. The village clerk shall also deliver to  the  inspec-
     9  tors  a  list of all persons who have applied for early mail or absentee
    10  ballots for the election for which the  registration  meeting  is  being
    11  held.
    12    §  30.  Subdivisions 1 and 5 of section 16-106 of the election law, as
    13  amended by chapter 763 of the laws of  2021,  are  amended  to  read  as
    14  follows:
    15    1.  The  post-election  refusal to cast: (a) challenged ballots, blank
    16  ballots, or void ballots; (b) early mail, absentee,  military,  special,
    17  or  federal  write-in  ballots;  (c)  emergency ballots; and (d) ballots
    18  voted in affidavit envelopes may be contested in a proceeding instituted
    19  in the supreme or county court, by any candidate or the chairman of  any
    20  party  committee,  and  by any voter with respect to the refusal to cast
    21  such voter's ballot, against the board of canvassers of the returns from
    22  such district, if any, and otherwise against the board of inspectors  of
    23  election  of  such district. If the court determines that the person who
    24  cast such ballot was entitled to vote at such election, it  shall  order
    25  such  ballot to be cast and canvassed, including if the court finds that
    26  ministerial error by the board of elections  or  any  of  its  employees
    27  caused such ballot envelope not to be valid on its face.
    28    5.  In  the  event  procedural  irregularities  or other facts arising
    29  during the election suggest a change or altering of the  canvass  sched-
    30  ule, as provided for in section 9-209 of this chapter, may be warranted,
    31  a  candidate  may  seek an order for temporary or preliminary injunctive
    32  relief or an impound order halting or altering the  canvassing  schedule
    33  of  early  mail,  absentee, military, special or affidavit ballots. Upon
    34  any such application, the board or boards of elections have a  right  to
    35  be  heard.  To obtain such relief, the petitioner must meet the criteria
    36  in article sixty-three of the civil practice law and rules and  show  by
    37  clear  and  convincing evidence, that, because of procedural irregulari-
    38  ties or other facts arising during the election, the petitioner will  be
    39  irreparably harmed absent such relief. For the purposes of this section,
    40  allegations  that opinion polls show that an election is close is insuf-
    41  ficient to show irreparable harm to a petitioner by clear and convincing
    42  evidence.
    43    § 31. Subdivision 4 of section 16-108 of the election law  is  amended
    44  to read as follows:
    45    4.  Such  court,  justice  or judge, in a proceeding instituted by any
    46  voter unlawfully denied an early mail or absentee ballot or the applica-
    47  tion therefor, shall compel, by order, the delivery to such voter  of  a
    48  ballot or application.
    49    §  32.  Subdivision 8 of section 17-132 of the election law is amended
    50  and a new closing paragraph is added to read as follows:
    51    8. Fraudulently signs the name of another upon an early mail or absen-
    52  tee voter's envelope or aids in doing or attempting to do  a  fraudulent
    53  act  in connection with an early mail or absentee vote cast or attempted
    54  to be cast; or,

        S. 7394--A                         25
 
     1    § 33. Paragraph (b) of subdivision 1 of section 17-212 of the election
     2  law, as added by chapter 226 of the laws of 2022, is amended to read  as
     3  follows:
     4    (b)  A  violation of paragraph (a) of this subdivision shall be estab-
     5  lished if:
     6    (i) a person uses or threatens to use any force, violence,  restraint,
     7  abduction  or  duress,  or  inflicts or threatens to inflict any injury,
     8  damage, harm or loss, or in any other manner practices intimidation that
     9  causes or will reasonably have the effect of causing any person to  vote
    10  or  refrain  from  voting  in  general  or for or against any particular
    11  person or for or against any proposition submitted  to  voters  at  such
    12  election; to place or refrain from placing their name upon a registry of
    13  voters; or to request or refrain from requesting an early mail or absen-
    14  tee ballot; or
    15    (ii)  a  person  knowingly  uses  any  deceptive or fraudulent device,
    16  contrivance or communication, that impedes, prevents or otherwise inter-
    17  feres with the free exercise of the elective franchise by any person, or
    18  that causes or will reasonably have the effect of causing any person  to
    19  vote  or refrain from voting in general or for or against any particular
    20  person or for or against any proposition submitted  to  voters  at  such
    21  election; to place or refrain from placing their name upon a registry of
    22  voters; or to request or refrain from requesting an early mail or absen-
    23  tee ballot; or
    24    (iii) a person obstructs, impedes, or otherwise interferes with access
    25  to  any  polling  place  or  elections office, or obstructs, impedes, or
    26  otherwise interferes with any voter in any manner that  causes  or  will
    27  reasonably  have the effect of causing any delay in voting or the voting
    28  process, including the canvassing and tabulation of ballots.
    29    § 34. Subdivision 1 of section 1512 of the education law,  as  amended
    30  by chapter 461 of the laws of 1996, is amended to read as follows:
    31    1.  Such  meeting  shall  be  organized as provided in section fifteen
    32  hundred twenty-three. Such meeting may adopt a resolution to consolidate
    33  such districts if two-thirds of the qualified electors of each  district
    34  having  less  than  fifteen  of such electors are present, or in case of
    35  districts having fifteen or more qualified electors if ten or  more  are
    36  present.  The  vote upon such resolution shall be by ballot or by taking
    37  and recording the ayes and noes.  If the vote shall  be  by  taking  and
    38  recording  the  ayes  and  noes, the clerk and such assistants as may be
    39  provided for him by the meeting shall keep a poll-list upon which  shall
    40  be  recorded  the names of all qualified electors voting upon the resol-
    41  ution, the districts in which such electors reside, and how each elector
    42  voted.   If the vote shall be by  ballot,  one  or  more  inspectors  of
    43  election  shall  be appointed in such manner as the meeting shall deter-
    44  mine, who shall receive the votes cast, canvass the  same  and  announce
    45  the  result  of  the  ballot  to the chairman.   If the vote shall be by
    46  ballot then voting machines may be used  in  the  manner  prescribed  by
    47  section  two  thousand thirty-five of this [chapter] title and provision
    48  shall be made for absentee ballots as provided in section  two  thousand
    49  eighteen-a or two thousand eighteen-b of this [chapter] title, whichever
    50  shall  apply, and early mail ballots as provided in section two thousand
    51  eighteen-e or two thousand eighteen-f of  this  title,  whichever  shall
    52  apply.    If  it  shall appear that a majority of the qualified electors
    53  present and voting from each district are in favor of  such  resolution,
    54  it  shall  be  declared  adopted and where at least one of the districts
    55  consolidated is a union free school district it shall be lawful for such
    56  meeting thereafter to proceed to the election of a board of education as

        S. 7394--A                         26
 
     1  provided in sections seventeen hundred two and seventeen hundred four of
     2  this [chapter] title.  If a majority of the qualified  electors  present
     3  and  voting  from each district are not in favor of such resolution, all
     4  further  proceedings  at  such meeting, except a motion to reconsider or
     5  adjourn, shall be dispensed with and no  such  meeting  shall  be  again
     6  called within one year thereafter.
     7    §  35.  Subdivision 5 of section 1522 of the education law, as amended
     8  by chapter 461 of the laws of 1996, is amended to read as follows:
     9    5. Whenever fifteen persons, entitled as aforesaid, from each  of  two
    10  or  more  adjoining districts, shall unite in a request for a meeting of
    11  the inhabitants of such districts, to determine whether  such  districts
    12  shall  be  consolidated  by  the  establishment  of  a union free school
    13  district therein,  it  shall  be  the  duty  of  the  trustees  of  such
    14  districts,  or a majority of them, to submit such proposed consolidation
    15  to the commissioner of  education  for  approval.  If  the  commissioner
    16  approve  such proposed consolidation, it shall be the duty of such trus-
    17  tees, or a majority of them, to give public notice of such  meeting,  at
    18  some  convenient  place within such districts, and as central as may be,
    19  within the time and to be published and served in the manner  set  forth
    20  in this section, in each of such districts and to provide for the use of
    21  absentee  ballots  as  provided under section two thousand eighteen-a or
    22  two thousand eighteen-b of this [chapter] title, whichever shall  apply,
    23  and early mail ballots as provided in section two thousand eighteen-e or
    24  two thousand eighteen-f of this title, whichever shall apply.
    25    §  36.  Subdivision 1 of section 1524 of the education law, as amended
    26  by chapter 461 of the laws of 1996, is amended to read as follows:
    27    1. Notwithstanding the provisions of this chapter or any other  gener-
    28  al, special, or local law to the contrary, whenever the qualified voters
    29  of  a school district which is contiguous to the city school district of
    30  a city with less than  one  hundred  twenty-five  thousand  inhabitants,
    31  according  to  the latest federal census, by a majority vote taken at an
    32  annual or special meeting of such district shall adopt a proposition  to
    33  consolidate such school district with such city school district, and the
    34  board of education of such city school district shall by resolution duly
    35  adopted  consent  thereto,  the  commissioner  of education may by order
    36  consolidate  such  school  district  with  such  city  school  district;
    37  provided, however, that where several school districts are contiguous to
    38  each  other  and  at least one of such school districts is contiguous to
    39  such city school district, such vote may be taken in each of such school
    40  districts at the same time, and if the  proposition  to  consolidate  is
    41  adopted  by  a  majority vote in each such district, including any votes
    42  cast by absentee ballot as provided under  section  two  thousand  eigh-
    43  teen-a  or  two  thousand  eighteen-b of this [chapter] title, whichever
    44  shall apply, and any votes cast by early mail  ballots  as  provided  in
    45  section  two  thousand  eighteen-e  or  two  thousand eighteen-f of this
    46  title, whichever shall apply, and upon the consent of  the  city  school
    47  district  board  of education, the commissioner of education may include
    48  each such district in one order  of  consolidation;  provided,  further,
    49  however,  that  if  the  proposition  to consolidate is not adopted by a
    50  majority vote in each such district, but is so adopted in one or more of
    51  such districts, upon the consent of the city school  district  board  of
    52  education,  the  commissioner  may include in one order of consolidation
    53  only such district or districts as, either singly or  as  a  group,  are
    54  contiguous to such city school district. Such order shall specify a date
    55  on  which  the same shall take effect, and shall have the same effect as
    56  an order made by a district superintendent dissolving two or more common

        S. 7394--A                         27
 
     1  school districts and forming a new district therefrom, or dissolving one
     2  or more common school districts and uniting the territory thereof  to  a
     3  union free school district under the provisions of article thirty-one of
     4  this  [chapter]  title.    A  copy of such order shall be filed with the
     5  clerk of each school district affected thereby.
     6    § 37. Subdivision 5 of section 1803 of the education law,  as  amended
     7  by chapter 461 of the laws of 1996, is amended to read as follows:
     8    5.  Votes  upon the adoption of a resolution shall be cast in the same
     9  manner as votes for  the  election  of  school  district  trustees.  The
    10  commissioner  of education may order such modifications in the manner of
    11  voting as are customary for school district elections in  the  community
    12  affected  by such vote. Such modifications may include the use of voting
    13  machines and shall include the use of absentee ballots as provided under
    14  section two thousand eighteen-a  or  two  thousand  eighteen-b  of  this
    15  [chapter]  title,  whichever  shall  apply,  and  early  mail ballots as
    16  provided in section two thousand eighteen-e or two  thousand  eighteen-f
    17  of this title, whichever shall apply.
    18    §  38. Paragraph f of subdivision 2 of section 1803-a of the education
    19  law, as added by chapter 461 of the laws of 1996, is amended to read  as
    20  follows:
    21    f. Provision shall be made for the use of absentee ballots as provided
    22  under section two thousand eighteen-a or two thousand eighteen-b of this
    23  [chapter]  title,  whichever  shall  apply,  and  early  mail ballots as
    24  provided under section two thousand eighteen-e  or  two  thousand  eigh-
    25  teen-f of this title, whichever shall apply.
    26    § 39. Subdivision 2 of section 1951 of the education law is amended by
    27  adding a new paragraph t to read as follows:
    28    t.  The  board of cooperative educational services shall provide early
    29  mail ballots to qualified voters. The  commissioner  shall  adopt  regu-
    30  lations  for  the  purposes of implementing the provisions of this para-
    31  graph which shall include, but not be limited to, creating the procedure
    32  for which such early mail ballots shall  be  submitted;  providing  that
    33  such  early mail ballots shall be, as nearly as practicable, in the same
    34  form as those voted at the district election; requiring that  any  early
    35  mail ballot applicant is or will be, on the day of the vote, a qualified
    36  voter  of  the  board of cooperative educational services and that he or
    37  she will be on such date over eighteen years of age, a  citizen  of  the
    38  United  States  and has or will have resided in said district for thirty
    39  days next preceding such date; and  providing  instructions  as  to  the
    40  proper marking thereof.
    41    §  40. Subdivision 7 of section 2004 of the education law, as added by
    42  chapter 219 of the laws of 1978, is amended to read as follows:
    43    7. Such notice shall also state that applications for early  mail  and
    44  absentee ballots for election of board members may be applied for at the
    45  office  of  the  clerk of the district. Such notice, in such case, shall
    46  further state that a list of all persons to whom early mail and absentee
    47  ballots shall have been issued, will be available in the said office  of
    48  the  clerk  on  each  of  the five days prior to the day of the election
    49  except Sundays, and that such list will also be posted  at  the  polling
    50  place or places at the election of members of the board of education.
    51    § 41. Subdivision 6 of section 2018-a of the education law, as amended
    52  by chapter 29 of the laws of 2000, is amended to read as follows:
    53    6.  The board of registration shall make a list of all persons to whom
    54  absentee voter's ballots shall have been issued and file  such  list  in
    55  the  office  of  the  clerk  where  it  shall  be  available  for public
    56  inspection during regular office hours until the day  of  the  election.

        S. 7394--A                         28
 
     1  Any  qualified  voter may, upon examination of such list, file a written
     2  challenge of the qualifications as a voter  of  any  person  whose  name
     3  appears  on  such list, stating the reasons for such challenge.  A chal-
     4  lenge  to an absentee ballot may not be made on the basis that the voter
     5  should have applied for an early mail  ballot.  Such  written  challenge
     6  shall  be  transmitted  by  the  clerk  to the inspectors of election on
     7  election day.
     8    § 42. Subdivisions 3 and 7 of section 2018-b  of  the  education  law,
     9  subdivision  3 as amended by chapter 46 of the laws of 1992 and subdivi-
    10  sion 7 as amended by chapter 29 of the laws of 2000, are amended to read
    11  as follows:
    12    3. If, upon examining the application required under the provisions of
    13  subdivision two of this section, and upon such inquiry as it deems prop-
    14  er, the clerk of the school district or  designee  of  the  trustees  or
    15  school  board shall be satisfied that the applicant is a qualified voter
    16  of the district, and entitled to vote by absentee ballot, such clerk  of
    17  the  school  district  or designee of the trustees or school board shall
    18  cause to be issued or mailed to the applicant an absentee voter's ballot
    19  and the clerk of the school district or  designee  of  the  trustees  or
    20  school  board  shall make an appropriate entry on the poll list pursuant
    21  to section two thousand twenty-nine of this [article] part.
    22    7. The clerk of the school district or designee  of  the  trustees  or
    23  school  board  shall make a list of all persons to whom absentee voter's
    24  ballots shall have been issued and maintain such list where it shall  be
    25  available  for  public  inspection during regular office hours until the
    26  day of the election. Any qualified voter may, upon examination  of  such
    27  list,  file  a written challenge of the qualifications as a voter of any
    28  person whose name appears on such list, stating  the  reasons  for  such
    29  challenge.    A  challenge  to an absentee ballot may not be made on the
    30  basis that the voter should have applied for an early mail ballot.  Such
    31  written  challenge  shall be transmitted by the clerk or the designee of
    32  the trustees or school board to the inspectors of election  on  election
    33  day.
    34    §  43.  The education law is amended by adding a new section 2018-e to
    35  read as follows:
    36    § 2018-e. Early mail ballots for school  district  elections.  1.  The
    37  board  of  education  of  any union free, central or central high school
    38  district which elects school board members by ballot  and  provides  for
    39  personal  registration  of  voters, shall provide for early mail ballots
    40  for the election of  members  of  the  board  of  education  and  school
    41  district  public library trustees, the adoption of the annual budget and
    42  school district public library budget and referenda, in accordance  with
    43  the provisions of this section.
    44    1-a.  In  counties with a population of one million or more, the board
    45  of education of any union free, central or central high school  district
    46  which  elects  school  board members by ballot and provides for personal
    47  registration of voters shall provide for  early  mail  ballots  for  the
    48  election of members of the board of education and school district public
    49  library  trustees, the adoption of the annual budget and school district
    50  public library budget and referenda, in accordance with  the  provisions
    51  of this section.
    52    2.  a.  A  qualified  voter may vote as an early mail voter under this
    53  section.
    54    b. Each person entitled to vote as an early  mail  voter  pursuant  to
    55  this  section  and desirous of obtaining an early mail ballot shall make
    56  written application therefor to the district  clerk.  Application  forms

        S. 7394--A                         29
 
     1  for  use  pursuant  to this section shall be in a form prescribed by the
     2  state board of elections. The use of any application which is on a  form
     3  prescribed by the state board of elections shall be acceptable.
     4    c. The application for an early mail ballot when filed must contain in
     5  each instance the following information:
     6    (1)  Applicant's  full  name,  date  of  birth, and residence address,
     7  including the street and number, if any, rural delivery route,  if  any,
     8  mailing  address  if different from the residence address and an address
     9  to which the ballot shall be mailed.
    10    (2) A statement that the  applicant  is  a  qualified  and  registered
    11  voter.
    12    d. Such application shall include the following statement to be signed
    13  by the voter:
    14    I hereby declare that the foregoing is a true statement to the best of
    15  my  knowledge  and  belief, and I understand that if I make any material
    16  false statement in the foregoing statement of application for early mail
    17  ballot, I shall be guilty of a misdemeanor.
    18  Date.....................Signature of Voter ............................
    19    e. An application must be received by the district  clerk  no  earlier
    20  than  the  thirtieth  day  before  the  election for which an early mail
    21  ballot is sought. If the application requests that the early mail ballot
    22  be mailed, such application must be received not later than  seven  days
    23  before the election. If the applicant or their agent delivers the appli-
    24  cation  to  the  district  clerk  in  person,  such  application must be
    25  received not later than the day before the election. The district  clerk
    26  shall  examine each application and shall determine from the information
    27  contained therein whether the applicant is qualified under this  section
    28  to receive an early mail ballot.
    29    f. No later than six days before the election for which an application
    30  has  been  received  and for which the district clerk has determined the
    31  applicant to be qualified to vote by  early  mail  ballot  the  district
    32  clerk  shall  mail, by regular mail, an early mail ballot to each quali-
    33  fied applicant who has applied before such day  and  who  has  requested
    34  that  such  early mail ballot be mailed to him or her at the address set
    35  forth in their application. If the applicant or their agent delivers the
    36  application to the district clerk in person after the seventh day before
    37  the election and not  later  than  the  day  before  the  election,  the
    38  district clerk shall forthwith deliver such early mail ballots for those
    39  applicants whom he or she determines are qualified to make such applica-
    40  tions and to receive such ballots to such applicants or the agents named
    41  in  the  applications  when  such  applicants  or  agents  appear in the
    42  district clerk's office.
    43    3. If, upon examining the application required under the provisions of
    44  subdivision two of this section, and upon such inquiry as it deems prop-
    45  er, the board of registration shall be satisfied that the applicant is a
    46  qualified voter of the district entitled to vote by early  mail  ballot,
    47  such  board  shall  place  their  name  upon the register, thereupon the
    48  applicant shall be issued or mailed an early mail voter's ballot and the
    49  board of registration shall make an appropriate entry  on  the  register
    50  indicating that an early mail ballot has been applied for by, and issued
    51  to, the applicant.
    52    4.  Ballots  for early mail voters shall be, as nearly as practicable,
    53  in the same form as those to be voted at the district election;  if  the
    54  vote  at  such  election shall be by ballot, the early mail ballot shall
    55  conform to the regular ballot; if the vote of such election shall be  by
    56  voting machine, the early mail ballot shall conform as closely as possi-

        S. 7394--A                         30
 
     1  ble  to  the  manner in which the names of the candidates, the questions
     2  and the propositions appear on the  voting  machines,  except  that  the
     3  early  mail  ballot  shall also contain a space for a write-in or write-
     4  ins.  Such  early mail ballots shall also contain instructions as to the
     5  proper marking thereof, in accordance with the  provisions  of  sections
     6  two  thousand  thirty-two  and two thousand thirty-four of this part. On
     7  the back of such early mail ballots shall be printed the words "Official
     8  Ballot, Early Mail Voter".
     9    5. a. The board of registration shall enclose each early mail  voter's
    10  ballot in an envelope which shall be labelled:
    11                              ELECTION MATERIAL
    12                                PLEASE EXPEDITE
    13    On one side of such envelope shall be printed:
    14                      OFFICIAL BALLOT, EARLY MAIL VOTER
    15                                      for
    16                           School District Election
 
    17  Name of Voter ..............
    18  Residence (street and number, if any) ......
    19  City (or Town) of .............
    20  County of .................
    21  School District ..............
    22  School Election District (if applicable) ......
    23    The  date  of  the  election  and name of the school district shall be
    24  printed, and the name of  the  voter,  residence,  school  district  and
    25  school  election  district  (if  applicable)  shall be written in by the
    26  board of registration.
    27    b. On the reverse side of such envelope shall be printed the following
    28  statement:
    29                        STATEMENT OF EARLY MAIL VOTER
    30    I do declare that I am a citizen of the United States, and will be  at
    31  least  eighteen  years  of  age,  on  the  date  of  the school district
    32  election; that I will have been a resident of  this  state  and  of  the
    33  school  district  and  school  election  district,  if any, shown on the
    34  reverse side of this envelope for thirty days next  preceding  the  said
    35  election  and duly registered in the school district and school election
    36  district, if any, shown on the reverse side of this envelope and that  I
    37  am  or  on such date will be, a qualified voter of said school district;
    38  that I have not qualified, or do I intend to vote, elsewhere than as set
    39  forth on the reverse side of this envelope; that I have not received  or
    40  offered, do not expect to receive, have not paid, offered or promised to
    41  pay,  contributed,  offered  or  promised to contribute to another to be
    42  paid or used, any money or other valuable thing, as  a  compensation  or
    43  reward  for  the giving or withholding of a vote at this school district
    44  election, and have not made any promise to influence the giving or with-
    45  holding of any such votes; that I have not made or  become  directly  or
    46  indirectly  interested  in any bet or wager depending upon the result of
    47  this school district election; and that I have  not  been  convicted  of
    48  bribery  or  any  infamous  crime, or, if so convicted, that I have been
    49  pardoned or restored to all the rights of a citizen, without restriction
    50  as to the right of suffrage, or received a certificate  of  relief  from
    51  disabilities  or a certificate of good conduct pursuant to article twen-
    52  ty-three of the correction law removing my disability  to  register  and
    53  vote.
    54    I hereby declare that the foregoing is a true statement to the best of
    55  my  knowledge  and  belief, and I understand that if I make any material

        S. 7394--A                         31
 
     1  false statement in the foregoing statement of early mail voter, I  shall
     2  be guilty of a misdemeanor.
     3  Date ................... Signature of Voter ............................
     4    c.  The  envelope  shall  be gummed, ready for sealing, and shall have
     5  printed thereon, on the side opposite the statement, instructions as  to
     6  the  duties  of  the  voter  after  the  marking  of  the  ballot, which
     7  instructions shall include a specific direction stating that the  envel-
     8  ope  must reach the office of the clerk of the school district not later
     9  than five P.M. on the day of the election in order that their  vote  may
    10  be canvassed.
    11    d.  A person who shall make any material false statement in the state-
    12  ment of early mail voter appearing on the reverse side of  the  envelope
    13  as provided in this subdivision, shall be guilty of a misdemeanor.
    14    6.  The board of registration shall make a list of all persons to whom
    15  early mail voter's ballots shall have been issued and file such list  in
    16  the  office  of  the  clerk  where  it  shall  be  available  for public
    17  inspection during regular office hours until the day  of  the  election.
    18  Any  qualified  voter may, upon examination of such list, file a written
    19  challenge of the qualifications as a voter  of  any  person  whose  name
    20  appears  on  such  list, stating the reasons for such challenge. A chal-
    21  lenge to an early mail voter may not be made on the basis that the voter
    22  should have applied for an absentee ballot. Such written challenge shall
    23  be transmitted by the clerk to the inspectors of  election  on  election
    24  day.
    25    7.  a.  The board of registration shall be authorized to call upon the
    26  commissioner of police and the officers and members of the police  force
    27  for such assistance in the enforcement of the provisions of this section
    28  as  such  board  shall  require,  and such commissioner and officers and
    29  members of the police force shall be authorized to render  such  assist-
    30  ance.
    31    b.  The  board of registration may require any person to attend before
    32  it at the office of the clerk of the school district and be examined  by
    33  the  board  as  to any matter in relation to which such board is charged
    34  with a duty under this section, and may issue a subpoena therefor.  Each
    35  member of such board shall be authorized to administer any oath that may
    36  be required or authorized by law in this connection.
    37    8.  No  early  mail voter's ballot shall be canvassed, unless it shall
    38  have been received in the office of the clerk of the school district not
    39  later than five P.M. on the day of the election.
    40    9. The clerk of the district shall, on the day of the election, trans-
    41  mit all early mail voters' envelopes, received  by  them  in  accordance
    42  with subdivision eight of this section, to the inspectors of election.
    43    10. If, at the school district election, any early mail voters' envel-
    44  opes  shall  have  been received at the polling place, the inspectors of
    45  election immediately after the closing of the polls shall examine  them,
    46  and  shall  compare  the  signature,  if  any, on each envelope with the
    47  signature, if any, on the register, of the person of the same  name  who
    48  registered  from the same address. If the signatures are found to corre-
    49  spond, the inspectors shall certify thereto by  signing  their  initials
    50  opposite the name of the voter at the appropriate place in the register.
    51  If  a person whose name is on an envelope as a voter, shall have already
    52  voted in person at such school district  election,  or  if  their  name,
    53  residence  and  signature,  as  stated  on  the envelope, are not on the
    54  register, or if there is no signature on  the  envelope,  this  envelope
    55  shall  be  laid  aside unopened and be returned unopened to the clerk of
    56  the district. If such person is found to be registered and  has  not  so

        S. 7394--A                         32
 
     1  voted in person, and if no objection is made, or if an objection made be
     2  not  sustained,  the  envelope  shall be opened and the ballot withdrawn
     3  without unfolding and deposited in the proper box or boxes. At the  time
     4  of  the  deposit  of  such  ballot, the inspectors shall enter the words
     5  "early mail vote" at an appropriate place in the register.
     6    11. During such examination any qualified voter present in the polling
     7  place may object to the voting of the ballot contained in  any  envelope
     8  upon the ground or grounds that the person named thereon is not a quali-
     9  fied  voter  of  the school district, or school election district (where
    10  applicable). An inspector shall make such an objection if he shall  know
    11  or  suspect  that the person named on such envelope is not such a quali-
    12  fied voter. The inspectors of election shall forthwith proceed to deter-
    13  mine each objection including any written challenge transmitted to  them
    14  by  the  district  clerk as provided in subdivision six of this section.
    15  Unless the inspectors, by majority vote, shall  sustain  the  objection,
    16  the chairman, or if he refuses, another inspector shall endorse upon the
    17  envelope  the  objection  and the words "not sustained," shall sign such
    18  endorsement, and shall open the  envelope  and  deposit  the  ballot  as
    19  provided  in  this  section.  Should  the  inspectors, by majority vote,
    20  sustain such objection, the objection  and  word  "sustained"  shall  be
    21  similarly  endorsed  upon the envelope, the envelope shall not be opened
    22  nor the ballots therein canvassed, and such envelope shall  be  returned
    23  unopened  to  the  clerk  of the district. If the inspectors of election
    24  shall have received an envelope endorsed with the name of a  person  who
    25  to  the  knowledge  of  the  inspectors  is  deceased  on the day of the
    26  election, the inspectors shall return  such  envelope  unopened  to  the
    27  clerk  of  the  district  with the words "deceased--objection sustained"
    28  endorsed on the envelope.
    29    12. If the inspectors of election shall have received an envelope, and
    30  upon opening the same no ballot shall be found therein,  the  inspectors
    31  shall  make  a  memorandum  showing that the ballot is missing. When the
    32  casting of early mail voters' ballots shall  have  been  completed,  the
    33  inspectors  shall  ascertain  the number of such ballots which have been
    34  deposited in the ballot box by deducting from the  number  of  envelopes
    35  opened  the  number of missing ballots, and shall make a separate return
    36  thereof in duplicate. The number of early mail voters' ballots deposited
    37  in the ballot box shall be added to the number of other ballots deposit-
    38  ed in the ballot box in order to determine the number of all ballots  to
    39  be  accounted  for in the ballot box. Such ballots shall then be counted
    40  or canvassed by the inspectors of election along with the other  ballots
    41  cast  at  such  school  district election, or, where voting machines are
    42  used, shall be added to the votes recorded on such machines.
    43    13. Where the district shall have been divided  into  school  election
    44  districts  pursuant to the provisions of this chapter, the provisions of
    45  this section shall be applicable, provided that any  reference  in  this
    46  section  to the term "board of registration" shall in such case refer to
    47  the board of registration appointed by the board of education  for  each
    48  school  election  district, except that paragraph b of subdivision seven
    49  of this section shall apply according to its terms.
    50    § 44. The education law is amended by adding a new section  2018-f  to
    51  read as follows:
    52    §  2018-f.  Early  mail  ballots for school district elections by poll
    53  registration. 1. Notwithstanding the provisions of sections two thousand
    54  fourteen and two thousand eighteen-e of this part, the trustees  or  the
    55  board  of  education  of any common, union free, central or central high
    56  school district which does not provide for the personal registration  of

        S. 7394--A                         33
 
     1  voters for school district meetings and elections but which elects trus-
     2  tees  or  school  board  members by ballot, shall provide for early mail
     3  ballots for the election of the trustees or members  of  the  board  and
     4  school  district  public  library  trustees,  the adoption of the annual
     5  budget and school district public library budget and referenda.
     6    1-a. Notwithstanding the provisions of sections two thousand  fourteen
     7  and  two  thousand  eighteen-e  of this part, in any county with a popu-
     8  lation of one million or more, the trustees or the board of education of
     9  any common, union free, central or central high  school  district  which
    10  does  not  provide  for  the  personal registration of voters for school
    11  district meetings and elections but  which  elects  trustees  or  school
    12  board  members  by  ballot  shall provide for early mail ballots for the
    13  election of the trustees or members of the  board  and  school  district
    14  public  library  trustees,  the adoption of the annual budget and school
    15  district public library budget and referenda.
    16    2. a. An applicant for such an  early  mail  ballot  shall  submit  an
    17  application  setting forth (1) their name and residence address, includ-
    18  ing the street and number, if any, or town and rural delivery route,  if
    19  any;  (2)  that  they  are or will be, on the day of the school district
    20  election, a qualified voter of the school district in which  he  resides
    21  in  that  he  is or will be, on such date, over eighteen years of age, a
    22  citizen of the United States  and  has  or  will  have  resided  in  the
    23  district for thirty days next preceding such date. Such application must
    24  be  received by the district clerk or designee of the trustees or school
    25  board at least seven days before the election if the  ballot  is  to  be
    26  mailed to the voter, or the day before the election, if the ballot is to
    27  be delivered personally to the voter.
    28    b. Such application shall include the following statement to be signed
    29  by the voter.
    30    I hereby declare that the foregoing is a true statement to the best of
    31  my  knowledge  and  belief, and I understand that if I make any material
    32  false statement in the foregoing statement of application for early mail
    33  ballot, I shall be guilty of a misdemeanor.
    34  Date ................... Signature of Voter ............................
    35    3. If, upon examining the application required under the provisions of
    36  subdivision two of this section, and upon such inquiry as it deems prop-
    37  er, the clerk of the school district or  designee  of  the  trustees  or
    38  school  board shall be satisfied that the applicant is a qualified voter
    39  of the district, and entitled to vote by early mail ballot,  such  clerk
    40  of the school district or designee of the trustees or school board shall
    41  cause  to  be  issued  or  mailed to the applicant an early mail voter's
    42  ballot and the clerk of the school district or designee of the  trustees
    43  or  school board shall make an appropriate entry on the poll list pursu-
    44  ant to section two thousand twenty-nine of this part.
    45    4. The clerk of the school district or a designee of the  trustees  or
    46  school  board  shall  also  mail an early mail ballot to every qualified
    47  voter otherwise eligible for such ballot, who  requests  an  early  mail
    48  ballot  from such clerk or trustees or school board designee in a letter
    49  which is signed by the voter and received by the clerk  or  trustees  or
    50  school  board designee not earlier than the thirtieth day nor later than
    51  the seventh day before the  election  for  which  the  ballot  is  first
    52  requested  and  which  states the address where the voter resides and to
    53  which the ballot is to be mailed. The clerk or designee of the  trustees
    54  or school board shall enclose with such ballot a form of application for
    55  early  mail  ballot. The early mail ballot of a voter who requested such
    56  ballot by letter, rather than application, shall not be counted unless a

        S. 7394--A                         34

     1  valid application form, signed by such voter, is received by  the  clerk
     2  of  the school district or designee of the trustees or school board with
     3  such ballot.
     4    5.  Ballots  for early mail voters shall be, as nearly as practicable,
     5  in the same form as those to be voted at the district election;  if  the
     6  vote  at  such  election shall be by ballot, the early mail ballot shall
     7  conform to the regular ballot; if the vote of such election shall be  by
     8  voting machine, the early mail ballot shall conform as closely as possi-
     9  ble  to  the  manner in which the names of the candidates, the questions
    10  and the propositions appear on the  voting  machines,  except  that  the
    11  early  mail  ballot  shall also contain a space for a write-in or write-
    12  ins. On the back of such early  mail  ballots  shall  be  printed  words
    13  "Official Ballot, Early Mail Voter".
    14    6.  a. The clerk of the school district or designee of the trustees or
    15  school board shall enclose each early mail voter's ballot in an envelope
    16  which shall be labelled:
 
    17                               ELECTION MATERIAL
    18                               PLEASE EXPEDITE
    19    On one side of such envelope shall be printed:
    20                      OFFICIAL BALLOT, EARLY MAIL VOTER
    21                                     for
    22                          School District Election
    23  Name of Voter ............
    24  Residence (street and number, if any) ...............
    25  City (or Town) of  .....................
    26  County of ....................
    27  School District ...................
    28  School Election District (if applicable) ................
 
    29    The date of the election and name of  the  school  district  shall  be
    30  printed,  and  the  name  of  the  voter, residence, school district and
    31  school election district (if applicable) shall be included.
    32    b. On the reverse side of such envelope shall be printed the following
    33  statement:
    34                         STATEMENT OF EARLY MAIL VOTER
    35    I do declare that I am a citizen of the United States, and will be  at
    36  least eighteen years of age on the date of the school district election;
    37  that  I  will  have  been  a  resident  of  this state and of the school
    38  district and school election district, if any, shown on the reverse side
    39  of this envelope for thirty days next preceding the  said  election  and
    40  that  I  am  or  on  such date will be, a qualified voter of said school
    41  district; that I have not qualified, or do I intend to  vote,  elsewhere
    42  than  as set forth on the reverse side of this envelope; that I have not
    43  received or offered, do not expect to receive, have not paid, offered or
    44  promised to pay, contributed,  offered  or  promised  to  contribute  to
    45  another  to  be  paid  or  used, any money or other valuable thing, as a
    46  compensation or reward for the giving or withholding of a vote  at  this
    47  school district election, and have not made any promise to influence the
    48  giving  or withholding of any such votes; that I have not made or become
    49  directly or indirectly interested in any bet or wager depending upon the
    50  result of this school district  election;  and  that  I  have  not  been
    51  convicted  of bribery or any infamous crime, or, if so convicted, that I
    52  have been pardoned or restored to all the rights of a  citizen,  without
    53  restriction  as to the right of suffrage, or have received a certificate
    54  of relief from disabilities or a certificate of good conduct pursuant to

        S. 7394--A                         35
 
     1  article twenty-three of the correction law  removing  my  disability  to
     2  vote.
     3    I hereby declare that the foregoing is a true statement to the best of
     4  my  knowledge  and  belief, and I understand that if I make any material
     5  false statement in the foregoing statement of early mail voter, I  shall
     6  be guilty of a misdemeanor.
 
     7  Date .................. Signature of Voter .............................
 
     8    c.  The  envelope  shall  be gummed, ready for sealing, and shall have
     9  printed thereon, on the side opposite the statement, instructions as  to
    10  the  duties  of  the  voter  after  the  marking  of  the  ballot, which
    11  instructions shall include a specific direction stating that the  envel-
    12  ope  must reach the office of the clerk of the school district or desig-
    13  nee of the trustees or school board not later than five P.M. on the  day
    14  of the election in order that their vote may be canvassed.
    15    d.  A person who shall make any material false statement in the state-
    16  ment of the early mail voter appearing on the reverse side of the envel-
    17  ope as provided in this subdivision, shall be guilty of a misdemeanor.
    18    7. The clerk of the school district or designee  of  the  trustees  or
    19  school board shall make a list of all persons to whom early mail voter's
    20  ballots  shall have been issued and maintain such list where it shall be
    21  available for public inspection during regular office  hours  until  the
    22  day  of  the election. Any qualified voter may, upon examination of such
    23  list, file a written challenge of the qualifications as a voter  of  any
    24  person  whose  name  appears  on such list, stating the reasons for such
    25  challenge. A challenge to an early mail ballot may not be  made  on  the
    26  basis  that  the  voter should have applied for an absentee ballot. Such
    27  written challenge shall be transmitted by the clerk or the  designee  of
    28  the  trustees  or school board to the inspectors of election on election
    29  day.
    30    8. a. The clerk of the school district or designee of the trustees  or
    31  school board shall be authorized to call upon the commissioner of police
    32  and  the officers and members of the police force for such assistance in
    33  the enforcement of the provisions of this section as  such  trustees  or
    34  board  shall  require, and such commissioner and officers and members of
    35  the police force shall be authorized to render such assistance.
    36    b. The clerk of the school district or designee  of  the  trustees  or
    37  school board may require any person to attend before it at the office of
    38  the  clerk  of  the school district or the office of the designee of the
    39  trustees or school board and be examined by the trustees or board as  to
    40  any matter in relation to which such trustees or board is charged with a
    41  duty  under this section, and may issue a subpoena therefor. Each member
    42  of such trustees or board shall be authorized  to  administer  any  oath
    43  that may be required or authorized by law in this connection.
    44    9.  No  early  mail voter's ballot shall be canvassed, unless it shall
    45  have been received in the office of the clerk of the school district  or
    46  designee of the trustees or school board not later than five P.M. on the
    47  day of the election.
    48    10.  The  clerk  of the district or designee of the trustees or school
    49  board shall, on the day of the election, transmit all early mail voters'
    50  envelopes, received by him in accordance with subdivision eight of  this
    51  section, to the inspectors of election.
    52    11.  If  a  person  whose name is on an envelope as a voter shall have
    53  already voted in person at such school district election, or if there is
    54  no signature on the envelope, this envelope shall be laid aside unopened

        S. 7394--A                         36
 
     1  and be returned unopened to the clerk of the district or designee of the
     2  trustees or school board. If such person has not so voted in person, and
     3  if no objection is made, or if an objection made be not  sustained,  the
     4  envelope  shall be opened and the ballot withdrawn without unfolding and
     5  deposited in the proper box or boxes.
     6    12. If the inspectors of election shall have received an envelope, and
     7  upon opening the same no ballot shall be found therein,  the  inspectors
     8  shall  make  a  memorandum  showing that the ballot is missing. When the
     9  casting of early mail voters' ballots shall  have  been  completed,  the
    10  inspectors  shall  ascertain  the number of such ballots which have been
    11  deposited in the ballot box by deducting from the  number  of  envelopes
    12  opened  the  number of missing ballots, and shall make a separate return
    13  thereof in duplicate. The number of early mail voters' ballots deposited
    14  in the ballot box shall be added to the number of other  ballots  to  be
    15  accounted  for  in the ballot box. Such ballots shall then be counted or
    16  canvassed by the inspectors of election along  with  the  other  ballots
    17  cast  at  such  school  district election, or, where voting machines are
    18  used, shall be added to the votes recorded on such machines.
    19    § 45. Section 2613 of the education law, as amended by chapter 489  of
    20  the laws of 2019, is amended to read as follows:
    21    § 2613. Absentee,  early  mail,  and  military  ballots.  The board of
    22  education of each city school district to  which  this  article  applies
    23  shall  provide for absentee ballots in accordance with the provisions of
    24  section two thousand eighteen-a of this title,  early  mail  ballots  in
    25  accordance  with  the  provisions  of section two thousand eighteen-e of
    26  this title, and military ballots in accordance with section two thousand
    27  eighteen-d of this title.
    28    § 46. Subdivision 5 of section 84 of the town law, as amended by chap-
    29  ter 281 of the laws of 1998, is amended to read as follows:
    30    5. In order to assist boards of registration  in  the  preparation  of
    31  their  registers,  the  town  clerk,  prior to the first meeting of such
    32  boards of registration, shall obtain from the board of elections of  the
    33  county in which such town is located, the list of names and addresses of
    34  all  voters  registered  with  such  board of elections on or before the
    35  twenty-third day before such special  election.  The  town  clerk  shall
    36  deliver  the  names and addresses of qualified voters to the appropriate
    37  board or boards of registration on or before the first meeting  of  such
    38  board  or  boards.  At the first and subsequent meetings of the board of
    39  registration for each voting place designated by the town board for such
    40  special town election, such board of registration  shall  place  on  the
    41  register described in subdivision four hereof the names of all qualified
    42  voters  and  all  other  qualified  voters  who personally appear, those
    43  voters who have made application for early mail ballots, and those mili-
    44  tary voters and such other voters who are absent by reason of  confining
    45  illness  or  physical disability or whose duties, occupation or business
    46  required them to be outside of the state of New York, having the  quali-
    47  fications  of voters prescribed in this section and who have made appli-
    48  cation for absentee ballots as certified to them by the town clerk.
    49    § 47. Paragraph a of subdivision 6 of section 84-a of the town law, as
    50  added by chapter 396 of the laws of 1988, is amended to read as follows:
    51    a.  The town clerk shall make a list of all persons to  whom  absentee
    52  voter's ballots shall have been issued and keep such list on file in his
    53  office  where it shall be available for public inspection during regular
    54  office hours until the day of the election.   Any qualified  voter  may,
    55  upon  examination  of  such list, file a written challenge of the quali-
    56  fications as a voter of any person whose  name  appears  on  such  list,

        S. 7394--A                         37
 
     1  stating  the  reasons  for  such  challenge.  A challenge to an absentee
     2  ballot may not be made on the basis that the voter should  have  applied
     3  for an early mail ballot. Such written challenge shall be transmitted by
     4  the town clerk to the inspectors of election on election day.
     5    §  48. The town law is amended by adding a new section 84-b to read as
     6  follows:
     7    § 84-b.  Early  mail  ballots  for  special  town  elections;  special
     8  provisions. 1. Early mail ballots shall be provided for all special town
     9  elections for which personal registration is required.
    10    2.  a.  An  applicant  for  such  an early mail ballot shall submit an
    11  application setting forth (1) their name and residence address,  includ-
    12  ing  the street and number, if any, or town and rural delivery route, if
    13  any; (2) that they are or will be, on the day of the election, a  quali-
    14  fied  voter  of  the  town  in  which they reside; and (3) that they are
    15  registered in the town. Such application must be received  by  the  town
    16  clerk  at  least  seven  days before the election if the ballot is to be
    17  mailed to the voter, or the day before the election, if the ballot is to
    18  be delivered personally to the voter or their agent.
    19    b. Such application shall include the following statement to be signed
    20  by the voter:
    21    I hereby declare that the foregoing is a true statement to the best of
    22  my knowledge and belief, and I understand that if I  make  any  material
    23  false statement in the foregoing statement of application for early mail
    24  ballots, I shall be guilty of a misdemeanor.
    25  Date ............... Signature of Voter ................................
    26    3. If, upon examining the application required under the provisions of
    27  subdivision two of this section, and upon such inquiry as it deems prop-
    28  er,  the  board of inspectors shall be satisfied that the applicant is a
    29  qualified voter of the town, and entitled to vote by early mail  ballot,
    30  such  board  of inspectors shall place their name upon a list, thereupon
    31  the applicant shall be issued or mailed an early  mail  ballot  and  the
    32  town  clerk  shall make an appropriate entry on the list indicating that
    33  an early mail ballot has been applied for by, and issued to, the  appli-
    34  cant.
    35    4.  Ballots  for early mail voters shall be, as nearly as practicable,
    36  in the same form as those to be voted at the town election. On the  back
    37  of  such early mail ballots shall be printed the words "Official Ballot,
    38  Early Mail Voter".
    39    5. a. The board of registration shall enclose each early mail  voter's
    40  ballot in an envelope which shall be labelled:
 
    41                              ELECTION MATERIAL
    42                               PLEASE EXPEDITE
    43  On one side of such envelope shall be printed:
    44                      OFFICIAL BALLOT, EARLY MAIL VOTER
    45                                     for
    46                            Special Town Election
    47  Name of Voter ................
    48  Residence (street and number, if any) .......
    49  Town of ....................
    50  County of ...................
    51    The  date  of  the election and name of the town shall be printed, and
    52  the name of the voter, residence and district shall be written in by the
    53  town clerk.
    54    b. On the reverse side of such envelope shall be printed the following
    55  statement:

        S. 7394--A                         38
 
     1                        STATEMENT OF EARLY MAIL VOTER
     2    I  do declare that I will have been a citizen of the United States for
     3  thirty days, and will be at least eighteen years of age, on the date  of
     4  the  special  town  election;  that  I will have been a resident of this
     5  state and of the town shown on the reverse side  of  this  envelope  for
     6  thirty  days next preceding the said election; that I am or on such date
     7  will be, a registered voter of said town; that I have not qualified,  or
     8  do  I intend to vote, elsewhere than as set forth on the reverse side of
     9  this envelope; that I have not received or offered,  do  not  expect  to
    10  receive, have not paid, offered or promised to pay, contributed, offered
    11  or  promised  to  contribute to another to be paid or used, any money or
    12  other valuable thing, as a compensation or  reward  for  the  giving  or
    13  withholding  of  a vote at this special town election, and have not made
    14  any promise to influence the giving or withholding of  any  such  votes;
    15  that  I have not made or become directly or indirectly interested in any
    16  bet or wager depending upon the result of this  special  town  election;
    17  and that I have not been convicted of bribery or any infamous crime, or,
    18  if so convicted, that I have been pardoned or restored to all the rights
    19  of  a  citizen,  without  restriction  as  to  the right of suffrage, or
    20  received a certificate of relief from disabilities or a  certificate  of
    21  good  conduct  pursuant  to  article  twenty-three of the correction law
    22  removing my disability to register and vote.
    23    I hereby declare that the foregoing is a true statement to the best of
    24  my knowledge and belief, and I understand that if I  make  any  material
    25  false  statement in the foregoing statement of early mail voter, I shall
    26  be guilty of a misdemeanor.
    27    Date.... Signature of Voter....
    28    c. The envelope shall be gummed, ready for  sealing,  and  shall  have
    29  printed  thereon, on the side opposite the statement, instructions as to
    30  the duties  of  the  voter  after  the  marking  of  the  ballot,  which
    31  instructions  shall include a specific direction stating that the envel-
    32  ope must reach the office of the town clerk not later than five P.M.  on
    33  the day of the election in order that their vote may be canvassed.
    34    d.  A person who shall make any material false statement in the state-
    35  ment of early mail voter appearing on the reverse side of  the  envelope
    36  as provided in this subdivision, shall be guilty of a misdemeanor.
    37    6.  a.  The  town clerk shall make a list of all persons to whom early
    38  mail voter's ballots shall have been issued and keep such list  on  file
    39  in their office where it shall be available for public inspection during
    40  regular  office hours until the day of the election. Any qualified voter
    41  may, upon examination of such list, file  a  written  challenge  of  the
    42  qualifications as a voter of any person whose name appears on such list,
    43  stating  the  reasons  for  such challenge. A challenge to an early mail
    44  ballot may not be made on the basis that the voter should  have  applied
    45  for  an  absentee ballot. Such written challenge shall be transmitted by
    46  the town clerk to the inspectors of election on election day.
    47    b. Such list shall also be posted in a  conspicuous  place  or  places
    48  during  the  election, and any qualified voter may challenge the accept-
    49  ance of the early mail voter's ballot of any person  on  such  list,  by
    50  making  their challenge and the reasons therefor known to the inspectors
    51  of election before the close of the polls.
    52    7. a. The town clerk shall be authorized to call upon the commissioner
    53  of police and the officers and members of  the  police  force  for  such
    54  assistance  in  the  enforcement of the provisions of this section as he
    55  shall require, and such commissioner and officers  and  members  of  the
    56  police force shall be authorized to render such assistance.

        S. 7394--A                         39
 
     1    b.  The board of inspectors may require any person to attend before it
     2  at the office of the town clerk of the district and be  examined  as  to
     3  any  matter in relation to which such board is charged with a duty under
     4  this section, and may issue a subpoena therefor.  Each  member  of  such
     5  board  of inspectors district shall be authorized to administer any oath
     6  that may be required or authorized by law in this connection.
     7    8. No early mail voter's ballot shall be canvassed,  unless  it  shall
     8  have  been  received in the office of the town clerk not later than five
     9  P.M. on the day of the election.
    10    9. The town clerk shall, on the day  of  the  election,  transmit  all
    11  early  mail voters' envelopes, received by him in accordance with subdi-
    12  vision eight of this section, to the inspectors of election.
    13    10. If, at the election, any early mail voters' envelopes  shall  have
    14  been  received  at  the  polling place, the inspectors of election imme-
    15  diately after the closing of the polls shall  examine  them,  and  shall
    16  compare  the  signature, if any, on each envelope with the signature, if
    17  any, on the register, of the person of the same name who registered from
    18  the same address. If the signatures are found to correspond, the inspec-
    19  tors shall certify thereto by signing their initials opposite  the  name
    20  of the voter at the appropriate place in the register. If a person whose
    21  name is on an envelope as a voter, shall have already voted in person at
    22  such  special  town election, or if their name, residence and signature,
    23  as stated on the envelope, are not on the register, or if  there  is  no
    24  signature  on  the  envelope, this envelope shall be laid aside unopened
    25  and be returned unopened to the town clerk. If such person is  found  to
    26  be  registered  and  has  not so voted in person, and if no objection is
    27  made, or if an objection made be not sustained, the  envelope  shall  be
    28  opened  and  the ballot withdrawn without unfolding and deposited in the
    29  proper box or boxes. At the time of the  deposit  of  such  ballot,  the
    30  inspectors  shall  enter  the  words "early mail vote" at an appropriate
    31  place in the register.
    32    11. During such examination any qualified voter present in the polling
    33  place may object to the voting of the ballot contained in  any  envelope
    34  upon the ground or grounds that the person named thereon is not a quali-
    35  fied  voter of the town. An inspector shall make such an objection if he
    36  shall know or suspect that the person named on such envelope is not such
    37  a qualified voter. The election inspectors shall  forthwith  proceed  to
    38  determine  each objection including any written challenge transmitted to
    39  them by the town clerk as provided in subdivision six of  this  section.
    40  Unless  the  inspectors,  by majority vote, shall sustain the objection,
    41  the chairman, or if he refuses, another inspector shall endorse upon the
    42  envelope the objection and the words "not sustained,"  shall  sign  such
    43  endorsement,  and  shall  open  the  envelope  and deposit the ballot as
    44  provided in this section.  Should  the  inspectors,  by  majority  vote,
    45  sustain  such  objection,  the  objection  and word "sustained" shall be
    46  similarly endorsed upon the envelope, the envelope shall not  be  opened
    47  nor  the  ballots therein canvassed, and such envelope shall be returned
    48  unopened to the town clerk. If the inspectors  of  election  shall  have
    49  received an envelope endorsed with the name of a person who to the know-
    50  ledge  of  the  inspectors  is  deceased on the day of the election, the
    51  inspectors shall return such envelope unopened to the  town  clerk  with
    52  the words "deceased--objection sustained" endorsed on the envelope.
    53    12. If the inspectors of election shall have received an envelope, and
    54  upon  opening  the same no ballot shall be found therein, the inspectors
    55  shall make a memorandum showing that the ballot  is  missing.  When  the
    56  casting  of  early  mail  voters' ballots shall have been completed, the

        S. 7394--A                         40
 
     1  inspectors shall ascertain the number of such ballots  which  have  been
     2  deposited  in  the  ballot box by deducting from the number of envelopes
     3  opened the number of missing ballots, and shall make a  separate  return
     4  thereof in duplicate. The number of early mail voters' ballots deposited
     5  in the ballot box shall be added to the number of other ballots deposit-
     6  ed  in the ballot box in order to determine the number of all ballots to
     7  be accounted for in the ballot box. Such ballots shall then  be  counted
     8  or  canvassed by the inspectors of election along with the other ballots
     9  cast at such district election, or,  where  voting  machines  are  used,
    10  shall be added to the votes recorded on such machines.
    11    13.  The  provisions of this section shall apply to early mail ballots
    12  in special town elections, notwithstanding any other provision  of  law.
    13  The provisions of any other law as they relate to special town elections
    14  not inconsistent herewith shall apply to the conduct of such elections.
    15    §  49.  Paragraph  1  of subdivision a of section 1053 of the New York
    16  city charter, as amended by local law number 48 of the city of New  York
    17  for the year 2022, is amended to read as follows:
    18    1.  material explaining the date and hours during which the polls will
    19  be open for that election; when, where, and how  to  register  to  vote;
    20  when  an  eligible voter is required to reregister; when, where, and how
    21  early mail and absentee ballots are obtained and used;  instructions  on
    22  how  to  vote; information on the political subdivisions applicable to a
    23  particular voter's address; and any other general information on  voting
    24  deemed  by  the  board  to  be  necessary or useful to the electorate or
    25  otherwise consistent with the goals of this charter;
    26    § 50. Paragraph 8 of subdivision b of section 1054  of  the  New  York
    27  city charter, as added by local law number 6 of the city of New York for
    28  the year 2019, is amended to read as follows:
    29    8.  conduct  yearly trainings for all relevant staff of the department
    30  of correction. Such training shall include, at minimum,  information  on
    31  voting  laws  for currently and formerly incarcerated individuals in the
    32  state of New York, voter registration procedures, early mail and  absen-
    33  tee voting, and determining eligibility to vote.
    34    § 51. Subdivision 9 of section 1057-a of the New York city charter, as
    35  amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
    36  follows:
    37    9. In addition to the other requirements of this section, the  depart-
    38  ment  of correction shall implement and administer a program of distrib-
    39  ution and submission of early mail and absentee ballot applications, and
    40  subsequently received early  mail  or  absentee  ballots,  for  eligible
    41  incarcerated  individuals. Such department shall offer, to all incarcer-
    42  ated individuals who are registered to vote,  early  mail  and  absentee
    43  ballot  applications,  and  a  means to complete them, during the period
    44  from sixty days prior to any primary, special, or  general  election  in
    45  the  city  of  New York until two weeks prior to any such election. Such
    46  department shall subsequently provide any early mail or absentee  ballot
    47  received from the board of elections in response to any such application
    48  to  the  applicable  incarcerated  individual,  as  well  as  a means to
    49  complete it. Such department shall provide assistance to any such incar-
    50  cerated individual in  filling  out  such  application  or  ballot  upon
    51  request.  Such department shall, not later than five days after receipt,
    52  transmit such completed applications and ballots from  any  incarcerated
    53  individual who wishes to have them transmitted to the board of elections
    54  for  the  city of New York. The provisions of this subdivision shall not
    55  apply in any specific instance in which the department deems  it  unsafe
    56  to comply therewith.

        S. 7394--A                         41
 
     1    §  52.  Paragraph 3 of subdivision a of section 1057-d of the New York
     2  city charter, as added by local law number 64 of the city  of  New  York
     3  for the year 2016, is amended to read as follows:
     4    (3)  notification  of the deadline for submission of [a] an early mail
     5  voting application or a mailed  absentee  voting  application  for  such
     6  election, sent ten business days prior to such deadline; and
     7    § 53. Subdivision a of section 1057-e of the New York city charter, as
     8  added  by local law number 65 of the city of New York for the year 2016,
     9  is amended to read as follows:
    10    a. allowing any registered voter who has submitted an application  for
    11  an  early  mail  or  absentee  ballot,  or  who otherwise has a right to
    12  receive an early mail or  absentee  ballot,  for  an  upcoming  election
    13  pursuant  to  the election law to view the current status of their early
    14  mail or absentee application and early mail or absentee  ballot.    Such
    15  website and mobile application shall indicate for each such voter wheth-
    16  er the board of elections in the city of New York has:
    17    (1)  received  such  voter's  request  for  an  early mail or absentee
    18  ballot, if applicable;
    19    (2)  approved  or  rejected  such  request,  if  applicable,  and,  if
    20  rejected, a brief statement of the reason for rejection;
    21    (3) mailed or delivered an early mail or absentee ballot to such voter
    22  for such upcoming election, and shall include the ability for such voter
    23  to  see  the  status of a mailed early mail or absentee ballot by United
    24  States postal service intelligent mail barcode or successor technology;
    25    (4) received such voter's completed early mail or absentee ballot  for
    26  such upcoming election; and
    27    (5)  determined  that  such  voter's  completed early mail or absentee
    28  ballot was invalid, and, if such a finding was made, a  brief  statement
    29  of the reason.
    30    § 54. The last undesignated paragraph of subparagraph (a) of paragraph
    31  3  of  subdivision  d of section 1057-g of the New York city charter, as
    32  amended by local law number 3 of the city of New York for the year 2023,
    33  is amended to read as follows:
    34    You have a right to a replacement ballot. If you make  a  mistake,  or
    35  want  to  change your vote, (insert "ask a poll worker for a new ballot"
    36  or, for early mail or absentee ballots, "call the board of elections  at
    37  (insert  phone  number  here)  for  instructions  on how to obtain a new
    38  ballot").
    39    § 55. This act shall take effect January 1, 2024 and  shall  apply  to
    40  any  general,  primary, run-off primary, or special election held there-
    41  after.
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