S00861 Summary:

BILL NOS00861
 
SAME ASSAME AS A05602
 
SPONSORCARLUCCI
 
COSPNSRHASSELL-THOMPSON, PARKER, PERKINS
 
MLTSPNSR
 
Amd S8-400, El L
 
Requires county boards to create systems for processing electronic requests for absentee ballots.
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S00861 Actions:

BILL NOS00861
 
01/07/2015REFERRED TO ELECTIONS
01/06/2016REFERRED TO ELECTIONS
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S00861 Committee Votes:

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S00861 Floor Votes:

There are no votes for this bill in this legislative session.
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S00861 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           861
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by Sens. CARLUCCI, HASSELL-THOMPSON, PARKER, PERKINS -- 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 requiring county boards
          to  create  systems  for  processing  electronic requests for absentee
          ballots
 
          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 requests  such
     6  an absentee ballot from such board of elections in [writing in a letter,
     7  telefax indicating the address, phone number and the telefax number from
     8  which  the writing is sent or other written instrument] a communication,
     9  which is signed and certified by the voter and received by the board  of
    10  elections  not earlier than the thirtieth day nor later than the seventh
    11  day before the election for which the  ballot  is  first  requested  and
    12  which  states  the address where the voter is registered and the address
    13  to which the ballot is to be mailed; provided, however, a military voter
    14  may request a military ballot or voter registration  application  or  an
    15  absentee ballot application in a letter as provided in subdivision three
    16  of  section  10-106  of  this  chapter;  and provided further, a special
    17  federal voter may request a special federal ballot or voter registration
    18  application or an absentee ballot application in a letter as provided in
    19  paragraph d of subdivision one of section 11-202 of  this  chapter.  The
    20  board  of elections shall enclose with such ballot a form of application
    21  for absentee ballot if the applicant is registered with  such  board  of
    22  elections.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03806-01-5

        S. 861                              2
 
     1    §  2.  Section  8-400  of  the election law is amended by adding a new
     2  subdivision 11 to read as follows:
     3    11.  (a)  The board of elections of each county shall enact procedures
     4  and regulations to enable voters  to  request  and  apply  for  absentee
     5  ballots  by  means of a form submitted over a secure internet connection
     6  through the website of the board and/or the county.
     7    (b) Any electronic request for an absentee  ballot  submitted  through
     8  such  a  website  shall  be  deemed  to constitute an application for an
     9  absentee ballot within the meaning of this section,  provided  that  the
    10  electronic form:
    11    (i) requests the voter to supply that information required by subdivi-
    12  sion three of this section;
    13    (ii)  contains  the  language  required  by  subdivision  five of this
    14  section;
    15    (iii) prompts the voter, upon  completion,  to  submit  an  electronic
    16  signature sufficient to reasonably guarantee the voter's identity;
    17    (iv)  informs  the voter that such signature has the same legal effect
    18  as a signature executed by hand; and
    19    (v) does not permit the submission of  a  form  so  incomplete  as  to
    20  render the board unable to process it through its normal procedures.
    21    (c)  In  the  case of such electronic requests, the board of elections
    22  shall provide timely notification to the voter of any  defect  in  their
    23  electronic  application.  Such  notification may be sent to the voter by
    24  electronic mail.
    25    (d) Nothing in this paragraph shall be construed to alter the informa-
    26  tion required on an absentee ballot application, or the  qualifications,
    27  statutory or constitutional, required to vote by absentee ballot.
    28    §  3.  Severability.  If  any provision of this act or the application
    29  thereof shall for any reason be  adjudged  by  any  court  of  competent
    30  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    31  invalidate the remainder of this act, but shall be confined in its oper-
    32  ation to the provision thereof directly involved in the  controversy  in
    33  which such judgment shall have been rendered.
    34    § 4. This act shall take effect on the one hundred eightieth day after
    35  it shall have become a law.
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