Amd 8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L
 
Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10516A
SPONSOR: Rules (Simotas)
 
TITLE OF BILL:
An act to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon the expiration thereof
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to recognize increased options for qualified
voters to request an absentee ballot in light of the COVID-19 pandemic
emergency by recognizing requests through electronic means, and to modi-
fy certain requirements relating to the date by which a ballot must be
postmarked.
 
SUMMARY OF PROVISIONS:
Section 1 amends Election Law 8-400(2)(c) to allow qualified voters to
request an absentee ballot by electronic mail, an electronic transmittal
system or a web portal established by the state board of elections or
city or county board of elections and dispenses with the requirement
that absentee ballot requests be signed by the voter no matter what
alternative method is used for the request.
Sections 2, 3, 4, 5, and 6 amend the Election Law to require that all
absentee ballots received by the Board of Elections be cast if the
envelope in which they are contained shows a cancellation mark with a
date not later than the day of the election.
Section 7 is the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version makes technical changes.
 
JUSTIFICATION:
This legislation will help increase voter participation during the
COVID-19 pandemic by recognizing additional ways that qualified voters
may request an absentee ballot. It complements existing executive orders
addressing this issue. It also will result in more absentee ballots
being counted by allowing ballots in envelopes showing cancellation mark
with a date not later than the day of the election to be counted.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Not yet determined.
 
EFFECTIVE DATE:
Section one of this bill shall take effect one week following the day on
which the 2020 primary election, currently scheduled for June 23, 2020,
is conducted; sections two through six of this bill shall take effect
immediately. This act shall expire and be deemed repealed on December
31, 2020.
STATE OF NEW YORK
________________________________________________________________________
10516--A
IN ASSEMBLY
May 24, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simotas,
Weinstein) -- read once and referred to the Committee on Election Law
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon the expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 2 of section 8-400 of the
2 election law, as separately amended by chapters 97 and 104 of the laws
3 of 2010, is amended to read as follows:
4 (d) The board of elections shall mail an absentee ballot to every
5 qualified voter otherwise eligible for such a ballot, [who] when such
6 voter requests [such] an absentee ballot from such board of elections in
7 writing in a letter, telefax indicating the address, phone number and
8 the telefax number from which the writing is sent or other written
9 instrument, or an electronic application submitted by the voter by elec-
10 tronic mail or through an electronic transmittal system or web portal
11 established by the state board of elections or city or county board of
12 elections, which is [signed by the voter and] received by the board of
13 elections not earlier than the thirtieth day nor later than the seventh
14 day before the election for which the ballot is first requested and
15 which states the address where the voter is registered and the address
16 to which the ballot is to be mailed; provided, however, a military voter
17 may request a military ballot or voter registration application or an
18 absentee ballot application in a letter as provided in subdivision three
19 of section 10-106 of this chapter; and provided further, a special
20 federal voter may request a special federal ballot or voter registration
21 application or an absentee ballot application in a letter as provided in
22 paragraph d of subdivision one of section 11-202 of this chapter. The
23 board of elections shall enclose with such ballot a form of application
24 for absentee ballot if the applicant is registered with such board of
25 elections.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15910-11-0
A. 10516--A 2
1 § 2. Subdivision 1 of section 8-412 of the election law, as amended by
2 chapter 155 of the laws of 1994, is amended to read as follows:
3 1. The board of elections shall cause all absentee ballots received by
4 it before the close of the polls on election day and all ballots
5 contained in envelopes showing a cancellation mark of the United States
6 postal service or a foreign country's postal service, or showing a dated
7 endorsement of receipt by another agency of the United States govern-
8 ment, with a date which is ascertained to be not later than the day
9 [before] of the election and received by such board of elections not
10 later than seven days following the day of election to be cast and
11 counted [except that the absentee ballot of a voter who requested such
12 ballot by letter, rather than application, shall not be counted unless a
13 valid application form, signed by such voter, is received by the board
14 of elections with such ballot].
15 § 3. Subparagraph (iii) of paragraph (b) of subdivision 2 of section
16 9-209 of the election law, as amended by chapter 104 of the laws of
17 2010, is amended to read as follows:
18 (iii) If such a federal write-in absentee ballot is received after
19 election day, the envelope in which it is received must contain: (A) a
20 cancellation mark of the United States postal service or a foreign coun-
21 try's postal service; (B) a dated endorsement of receipt by another
22 agency of the United States government; or (C) if cast by a military
23 voter, the signature and date of the voter and one witness thereto with
24 a date which is ascertained to be not later than the day [before] of the
25 election [day].
26 § 4. Subdivision 1 of section 10-114 of the election law, as amended
27 by chapter 165 of the laws of 2009, is amended to read as follows:
28 1. The board of elections shall cause all military ballots received by
29 it before the close of the polls on election day and all ballots
30 contained in envelopes showing a cancellation mark of the United States
31 postal service or a foreign country's postal service, or showing a dated
32 endorsement of receipt by another agency of the United States government
33 or are signed and dated by the voter and one witness thereto, with a
34 date which is ascertained to be not later than the day [before] of the
35 election and received by such board of elections not later than seven
36 days following the day of a primary election and not later than thirteen
37 days following the day of a general or special election to be cast and
38 counted.
39 § 5. Subdivision 1 of section 11-110 of the election law, as amended
40 by chapter 99 of the laws of 1989, is amended to read as follows:
41 1. To be counted, any ballot cast under the provisions of this article
42 must be received by the appropriate board of elections not later than
43 the close of the polls on election day except that all ballots contained
44 in envelopes showing a cancellation mark of the United States postal
45 service, or a foreign country's postal service with a date which is
46 ascertained to be not later than the day [before] of the election, shall
47 be cast and counted if received by the board of elections not later than
48 seven days following the day of election.
49 § 6. Section 11-212 of the election law, as amended by chapter 163 of
50 the laws of 2010, is amended to read as follows:
51 § 11-212. Special federal ballots; deadline for receipt. All special
52 federal ballots received by the board of elections before the close of
53 the polls on election day shall be retained by the board of elections
54 and cast and canvassed pursuant to section 9-209 of this chapter. All
55 ballots contained in envelopes showing a cancellation mark of the United
56 States postal service or a foreign country's postal service, or showing
A. 10516--A 3
1 a dated endorsement of receipt by another agency of the United States
2 government, with a date which is ascertained to be not later than the
3 day [before] of the election, shall be cast and counted if received by
4 the board of elections not later than seven days following the day of a
5 primary election or thirteen days following the day of a general or
6 special election [except that the special federal ballot of a voter who
7 requested such ballot by letter, rather than application, shall not be
8 counted unless a valid application form, signed by such voter, is
9 received by the board of elections with such ballot]. All ballots
10 received by the board of elections and all federal write-in ballots
11 received from special federal voters not later than seven days following
12 the day of a primary election or thirteen days following the day of a
13 general or special election, shall be retained at the board and shall be
14 cast and canvassed in the same manner as other ballots retained by such
15 board.
16 § 7. This act shall take effect immediately; provided however, that
17 section one of this act shall take effect one week after the date of the
18 2020 New York primary election, currently scheduled for June 23, 2020;
19 provided further, this act shall expire and be deemed repealed December
20 31, 2020.