S02892 Summary:

Amd §§8-400, 8-410 & 11-203, El L
Relates to an electronically submitted absentee ballot application and absentee ballot.
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S02892 Actions:

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S02892 Committee Votes:

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S02892 Floor Votes:

There are no votes for this bill in this legislative session.
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S02892 Memo:

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S02892 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 25, 2023
        Introduced  by  Sens.  MYRIE,  HOYLMAN-SIGAL  --  read twice and ordered
          printed, and  when  printed  to  be  committed  to  the  Committee  on
        AN  ACT to amend the election law, in relation to authorizing electronic
          absentee ballot applications and absentee ballot submissions

          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 separately amended by chapters 273 and 746 of the  laws
     3  of 2021, is amended to read as follows:
     4    (c) All applications requesting an absentee ballot be delivered to the
     5  voter  or  an  agent  by  mail or through the electronic absentee ballot
     6  application  transmittal  system  must  be  received  by  the  board  of
     7  elections not later than the fifteenth day before the election for which
     8  a  ballot  is  first requested. Applications for an absentee ballot that
     9  will be delivered in person at the board of elections to the voter or to
    10  an agent of the voter must be received by such board not later than  the
    11  day before such election.  In addition to postal or personal delivery of
    12  the  application to the board of elections, the board of elections shall
    13  accept delivery of absentee ballot applications from persons residing in
    14  a country other than the United States while maintaining eligibility  to
    15  vote  in  elections in New York: (i) by telephone facsimile transmission
    16  to a phone number which shall be designated by the board  of  elections;
    17  (ii)  as  an  attachment  to  an electronic mail transmission sent to an
    18  electronic mail address which  shall  be  designated  by  the  board  of
    19  elections; and (iii) through an online electronic absentee ballot appli-
    20  cation  filing  system  which shall be established by the state board of
    21  elections and which shall transmit each application to  the  appropriate
    22  board  of  elections  for  processing.  The  website  for  each board of
    23  elections shall advertise the  email  address  and  telephone  facsimile
    24  number  required  by this section and shall provide a link to the online
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2892                             2
     1  electronic filing system established pursuant to this section. An appli-
     2  cation delivered to the board of elections by electronic means shall  be
     3  an  original  application  without necessity for a subsequent conforming
     4  paper submission and shall be deemed filed when received by the board of
     5  elections,  except  if received by electronic means after business hours
     6  or extended hours as designated by this chapter, such application  shall
     7  be  deemed  received  as  of  the next day on which the board is open to
     8  receive absentee ballot applications.  Nothing in this section shall  be
     9  construed  to  prevent  the  application  of  the  electronic  signature
    10  provisions of the state technology law with respect to applications  for
    11  an absentee ballot.
    12    §  2.  Section 8-410 of the election law, as amended by chapter 228 of
    13  the laws of 2022, is amended to read as follows:
    14    § 8-410. Absentee voting; method of. 1. Marking  of  the  ballot.  The
    15  absentee  voter  shall  mark  an  absentee  ballot as provided for paper
    16  ballots or ballots prepared for counting by ballot counting machines. He
    17  or she shall make no mark or writing whatsoever upon the ballot,  except
    18  as  above  prescribed, and shall see that it bears no such mark or writ-
    19  ing. He or she shall make no mark or writing whatsoever on  the  outside
    20  of  the  ballot. In cases where the express intent of the voter is unam-
    21  biguous, any stray marks or writing shall not be a basis for  voiding  a
    22  ballot.
    23    2.  Submission  of  the  ballot;  by mail. After marking the ballot or
    24  ballots he or she shall fold each such ballot and enclose  them  in  the
    25  envelope  and seal the envelope. He or she shall then take and subscribe
    26  the oath on the envelope, with blanks properly filled in. The  envelope,
    27  containing  the  ballot or ballots, shall then be mailed or delivered to
    28  the board of elections of the county or city of his or her residence.
    29    3. Submission of the ballot; by electronic mail. He or she shall  then
    30  take  and  subscribe  the oath in the email, with blanks properly filled
    31  in. He or she shall then return the ballot  or  ballots  via  electronic
    32  mail  to  the  state  board  of  elections using the electronic absentee
    33  ballot transmittal system.
    34    § 3. Section 11-203 of the election law, as added by  chapter  104  of
    35  the laws of 2010, is amended to read as follows:
    36    § 11-203. Special federal voters; designation of means of transmission
    37  by  special federal voters. [1.] A special federal voter may designate a
    38  preference to receive a voter registration application, a special feder-
    39  al ballot application or a special federal  ballot  by  mail,  facsimile
    40  transmission or electronic mail. Such designation shall remain in effect
    41  until  revoked  or  changed  by  the special federal voter. If a special
    42  federal voter does not designate a preference, the  board  of  elections
    43  shall  transmit  the  voter  registration  application,  special federal
    44  ballot application or special federal  ballot  by  mail.  If  a  special
    45  federal  voter  designates  a  preference  for facsimile transmission or
    46  electronic mail but does not provide the necessary facsimile  number  or
    47  e-mail  address,  the board of elections shall transmit the voter regis-
    48  tration application,  special  federal  ballot  application  or  special
    49  federal ballot by mail and request the omitted information. All communi-
    50  cations  to  the special federal voter shall include the mailing address
    51  of the board of elections.
    52    [2. Irrespective of the preferred method of transmission designated by
    53  a special federal voter, a special federal  voter's  original  completed
    54  voter  registration  application, special federal ballot application and
    55  special federal ballot must be returned by mail or  in  person  notwith-

        S. 2892                             3

     1  standing that a prior copy was sent to the board of elections by facsim-
     2  ile transmission or electronic mail.]
     3    §  4. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law.
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