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S00264 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           264
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
 
        AN ACT to amend the election law, in relation to absentee voting  appli-
          cation deadlines

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 2  of  section  8-400  of  the
     2  election  law, as amended by chapter 321 of the laws of 1988, is amended
     3  to read as follows:
     4    (c) All applications requesting an absentee ballot  by  mail  must  be
     5  [mailed  to]  received  by  the  board  of  elections not later than the
     6  [seventh] fifteenth day before the election for which a ballot is  first
     7  requested  [or  delivered  to]. Applications for an absentee ballot that
     8  will be delivered in person at the board of elections to the voter or to
     9  an agent of the voter must be received by such board not later than  the
    10  day before such election.
    11    §  2.  Paragraph (d) of subdivision 2 of section 8-400 of the election
    12  law, as amended by chapter 138 of the laws of 2020, is amended  to  read
    13  as follows:
    14    (d)  The  board  of  elections  shall mail an absentee ballot to every
    15  qualified voter otherwise eligible for such a ballot,  when  such  voter
    16  requests an absentee ballot from such board of elections in writing in a
    17  letter,  telefax  indicating  the  address, phone number and the telefax
    18  number from which the writing is sent or other written instrument, or an
    19  electronic application submitted by the  voter  by  electronic  mail  or
    20  through  an  electronic  transmittal system or web portal established by
    21  the state board of elections or city or county board of elections, which
    22  is received by the board of  elections  not  later  than  the  [seventh]
    23  fifteenth  day  before  the  election  for  which  the  ballot  is first
    24  requested and which states the address where the voter is registered and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02513-01-1

        S. 264                              2
 
     1  the address to which the ballot is to be mailed;  provided,  however,  a
     2  military  voter  may  request  a  military  ballot or voter registration
     3  application or an absentee ballot application in a letter as provided in
     4  subdivision  three  of  section  10-106  of  this  chapter; and provided
     5  further, a special federal voter may request a special federal ballot or
     6  voter registration application or an absentee ballot  application  in  a
     7  letter  as  provided in paragraph d of subdivision one of section 11-202
     8  of this chapter. The board of elections shall enclose with such ballot a
     9  form of application for absentee ballot if the applicant  is  registered
    10  with such board of elections.
    11    §  3.  Paragraph (d) of subdivision 2 of section 8-400 of the election
    12  law, as separately amended by chapters 97 and 104 of the laws  of  2010,
    13  is amended to read as follows:
    14    (d)  The  board  of  elections  shall mail an absentee ballot to every
    15  qualified voter otherwise eligible for such a ballot, who requests  such
    16  an  absentee ballot from such board of elections in writing in a letter,
    17  telefax indicating the address, phone number and the telefax number from
    18  which the writing is sent or other written instrument, which  is  signed
    19  by  the  voter  and received by the board of elections not [earlier than
    20  the thirtieth day nor] later than the [seventh] fifteenth day before the
    21  election for which the ballot is first requested and  which  states  the
    22  address  where  the  voter  is  registered  and the address to which the
    23  ballot is to be mailed; provided, however, a military voter may  request
    24  a  military  ballot  or  voter  registration  application or an absentee
    25  ballot application in a letter  as  provided  in  subdivision  three  of
    26  section  10-106 of this chapter; and provided further, a special federal
    27  voter may request a special federal ballot or voter registration  appli-
    28  cation  or  an  absentee  ballot  application in a letter as provided in
    29  paragraph d of subdivision one of section 11-202 of  this  chapter.  The
    30  board  of elections shall enclose with such ballot a form of application
    31  for absentee ballot if the applicant is registered with  such  board  of
    32  elections.
    33    §  4. This act shall take effect immediately, provided that the amend-
    34  ments to paragraph (d) of subdivision 2 of section 8-400 of the election
    35  law made by section two of this act shall be subject to  the  expiration
    36  and  reversion  of such paragraph pursuant to section 7 of chapter 91 of
    37  the laws of 2020, as amended, when upon  such  date  the  provisions  of
    38  section three of this act shall take effect.
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