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A04186 Summary:

BILL NOA04186B
 
SAME ASSAME AS S06395-A
 
SPONSORDinowitz
 
COSPNSRSimon, Thiele, Galef, Jacobson, Otis, Barnwell
 
MLTSPNSR
 
Add §8-414, El L
 
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.
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A04186 Actions:

BILL NOA04186B
 
02/01/2021referred to election law
04/16/2021amend (t) and recommit to election law
04/16/2021print number 4186a
04/19/2021reported referred to ways and means
04/28/2021reported
04/29/2021advanced to third reading cal.253
05/12/2021amended on third reading 4186b
05/26/2021passed assembly
05/26/2021delivered to senate
05/26/2021REFERRED TO RULES
06/09/2021SUBSTITUTED FOR S6395A
06/09/20213RD READING CAL.1353
06/09/2021PASSED SENATE
06/09/2021RETURNED TO ASSEMBLY
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A04186 Memo:

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.
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A04186 Text:



 
                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.
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