STATE OF NEW YORK
________________________________________________________________________
2892
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
Elections
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.
LBD00813-01-3
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.