Provides an online absentee ballot tracking system to allow a voter who has submitted an application for an absentee ballot to track the status of an absentee application and an absentee ballot on the state board or local board website.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4186B
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the election law, in relation to providing an online
absentee ballot tracking system
PURPOSE OR GENERAL IDEA OF BILL:
This bill would create a statewide online absentee ballot tracking
system, that may be integrated with the USPS tracking system, to allow
voters to track the process of an absentee ballot application and deliv-
ery of the absentee ballot. It also aligns the effective date with the
effective date of the statewide electronic absentee ballot application
transmittal system.
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section 8-414 in the election law to create an
online system to allow a voter to track the processing of an absentee
ballot application and the issuance and delivery of an absentee ballot.
Section two provides authority for both county boards of elections and
the board of election of the City of New York to establish and use their
own ballot tracking system pending the creating of the statewide system.
It also requires that, upon the creation of the statewide system, the
local system must comply with the requirements of this act and be fully
integrated with the statewide ballot tracking system.
Section three is the effective date.
JUSTIFICATION:
This bill continues the extensive reform of the election law that has
occurred over the last two years and builds on the previous enactment of
laws mandating the creating of a statewide system allowing online voter
registration and the automatic voter registration of citizens who trans-
act business with multiple public entities. The state board of elections
is currently developing the technology to implement both processes and
this bill will mandate the creation of an integrated statewide system
for online tracking of absentee ballot applications and the delivery of
absentee ballots at the same time it is developing such technology.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS:
Federal and state funding has already been appropriated for updated
technology and cyber security. Folding this new system into the existing
technological upgrade will not add any additional cost.
EFFECTIVE DATE:
This act shall take effect January 1, 2022. Effective immediately, the
state board of elections shall be authorized to promulgate any rules or
regulations required to carry out the provisions of this act prior to
such effective date.
STATE OF NEW YORK
________________________________________________________________________
4186--B
Cal. No. 253
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. DINOWITZ, SIMON, THIELE, GALEF, JACOBSON, OTIS,
BARNWELL -- read once and referred to the Committee on Election Law --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported and referred to the Commit-
tee on Ways and Means -- reported from committee, advanced to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend the election law, in relation to providing an online
absentee ballot tracking system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 8-414
2 to read as follows:
3 § 8-414. Online absentee ballot tracking system. 1. The state board of
4 elections shall establish and maintain an electronic absentee ballot
5 tracking system. In accordance with technical specifications provided by
6 the state board of elections, each local board of elections shall main-
7 tain an absentee ballot tracking system integrated with the state
8 board's system, and which may be integrated with the United States
9 postal service tracking system, to allow a voter who has submitted an
10 application for an absentee ballot to track the status of an absentee
11 application and an absentee ballot on the state board or local board
12 website.
13 2. Such website shall not require users to create an account but shall
14 require verification that the user is accessing his or her own record
15 through the inclusion of data identifying the voter and the board of
16 elections at which the voter is registered, and any other information
17 required by the state board of elections.
18 3. The ballot tracking system shall indicate to the voter if the
19 board:
20 (a) received such voter's application for an absentee ballot;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05765-05-1
A. 4186--B 2
1 (b) approved or rejected such application and, if rejected, an indi-
2 cation of the reason for such rejection;
3 (c) mailed or delivered an absentee ballot to such voter, the date of
4 such mailing or delivery, and the expected date of receipt;
5 (d) received the ballot back as undeliverable;
6 (e) received such voter's completed absentee ballot;
7 (f) determined the ballot envelope was subject to a cure; and
8 (g) counted or rejected such voter's completed absentee ballot and, if
9 rejected, a brief statement of the reason for rejection.
10 § 2. Nothing in section one of this act shall prevent a county board
11 of elections or the board of elections of the city of New York from
12 establishing a ballot tracking system prior to the effective date of
13 this act, provided, however, upon the establishment of the statewide
14 system required by section one of this act, all local ballot tracking
15 systems shall comply with section one of this act and be fully inte-
16 grated with the statewide system. Full integration with the statewide
17 system may be accomplished by boards of elections using their own ballot
18 tracking system by providing data to the state board of elections, in
19 the form and at intervals prescribed by the state board of elections,
20 provided that voters can access their tracking information in a secure,
21 user-friendly format approved by the state board of elections.
22 § 3. This act shall take effect January 1, 2022. Effective immediate-
23 ly, the state board of elections shall be authorized to promulgate any
24 rules or regulations required to carry out the provisions of this act
25 prior to such effective date.
