New York State Assembly

 
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A06970 Summary:

A06970 Actions:

A06970 Committee Votes:

Committee:ELECTION LAW   Chair:Walker      
DATE:04/19/2021AYE/NAY:11/4  Action: Favorable refer to committee Ways and Means        
Walker
Aye
Norris
Nay
Galef
Aye
Brabenec
Nay
Dinowitz
Aye
Mikulin
Nay
Carroll
Aye
Tague
Nay
Taylor
Aye
Jacobson
Aye
Sillitti
Aye
Mamdani
Aye
Burgos
Aye
Gallagher
Aye
Rivera
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:04/28/2021AYE/NAY:24/10  Action: Favorable         
Weinstein
Aye
Ra
Nay
Glick
Aye
Fitzpatrick
Nay
Nolan
Excused
Hawley
Nay
Pretlow
Aye
Montesano
Nay
Perry
Aye
Blankenbush
Nay
Colton
Aye
Norris
Nay
Cook
Aye
Brabenec
Nay
Cahill
Aye
Palmesano
Nay
Aubry
Aye
Byrne
Nay
Cusick
Aye
Ashby
Nay
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

A06970 Floor Votes:

A06970 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6970--A
                                                                Cal. No. 271
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 16, 2021
                                       ___________
 
        Introduced by M. of A. WALKER, JACOBSON, OTIS, BICHOTTE HERMELYN, PERRY,
          STIRPE  --  read once and referred to the Committee on Election Law --
          reported and referred to the Committee 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 establishing  an  elec-
          tronic absentee ballot application transmittal system
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 8-400 of  the  election  law,  the
     2  opening  paragraph  as amended by chapter 216 of the laws of 1988, para-
     3  graph (a) as amended by chapter 263 of the laws of 1991,  paragraph  (c)
     4  as amended by chapter 321 of the laws of 1988 and paragraph (d) as sepa-
     5  rately amended by chapters 97 and 104 of the laws of 2020, is amended to
     6  read as follows:
     7    2.  A qualified voter desiring to vote at such election as an absentee
     8  voter for any reason specified  in  subdivision  one  hereof  must  make
     9  application for an absentee ballot on a form to be obtained and filed as
    10  provided  herein  [or],  by  letter as provided in paragraph (d) of this
    11  subdivision, or through the electronic absentee ballot application tran-
    12  smittal system pursuant to section 8-408 of this title.
    13    (a) Application forms shall be furnished by and may be  obtained  from
    14  any  board  of elections at any time until the day before such election,
    15  or on the electronic absentee  ballot  application  transmittal  system.
    16  Application  forms  shall also be supplied by the board of inspectors of
    17  the election district in which applicant is a qualified voter on all  of
    18  the days provided for local registration. In addition, application forms
    19  shall  be  supplied  upon  the  request of the person authorized to vote
    20  pursuant to this section, any such person's spouse, parent or  child,  a
    21  person  residing with the applicant as a member of his household, or the
    22  applicant's duly authorized agent. Application forms sent outside of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10858-06-1
        A. 6970--A                          2
 
     1  United States to a country other than Canada or Mexico,  shall  be  sent
     2  airmail.  Any  reference  to  "board  of  elections"  in  the  remaining
     3  provisions of this section, except with respect to  the  furnishing  and
     4  obtaining  of applications for absentee ballots, means only the board of
     5  elections of the county or city in which the applicant  is  a  qualified
     6  voter.
     7    (b)  Applications  may  be filed [either] with the board of elections,
     8  through the electronic absentee ballot application transmittal system or
     9  in person with the board of inspectors of the election district in which
    10  the applicant is a qualified voter[,] on one of the  days  provided  for
    11  local registration.
    12    (c)  All applications requesting an absentee ballot by mail or through
    13  the electronic absentee ballot application transmittal  system  must  be
    14  [mailed  to]  received  by  the  board  of  elections not later than the
    15  [seventh] fifteenth day before the election for which a ballot is  first
    16  requested  [or  delivered  to]. Applications for an absentee ballot that
    17  will be delivered in person at the board of election to the voter or  to
    18  an  agent of the voter must be received by such board not later than the
    19  day before such election.
    20    (d) The board of elections shall mail  an  absentee  ballot  to  every
    21  qualified  voter otherwise eligible for such a ballot, who requests such
    22  an absentee ballot from such board of elections in writing in a  letter,
    23  telefax indicating the address, phone number and the telefax number from
    24  which  the writing is sent or other written instrument, or an electronic
    25  application submitted by  the  voter  through  the  electronic  absentee
    26  ballot  application transmittal system established by the state board of
    27  elections, which is signed by the voter and received  by  the  board  of
    28  elections  not  [earlier  than  the  thirtieth  day  nor] later than the
    29  [seventh] fifteenth day before the election  for  which  the  ballot  is
    30  first  requested  and which states the address where the voter is regis-
    31  tered and the address to which the ballot is  to  be  mailed;  provided,
    32  however,  a military voter may request a military ballot or voter regis-
    33  tration application or an absentee ballot application  in  a  letter  as
    34  provided  in  subdivision  three  of section 10-106 of this chapter; and
    35  provided further, a special federal voter may request a special  federal
    36  ballot  or voter registration application or an absentee ballot applica-
    37  tion in a letter as provided  in  paragraph  d  of  subdivision  one  of
    38  section  11-202  of  this  chapter. The board of elections shall enclose
    39  with such ballot a form of application for absentee ballot if the appli-
    40  cant is registered with such board of elections.
    41    § 2. The election law is amended by adding a new section 8-408 to read
    42  as follows:
    43    § 8-408. Electronic absentee ballot application transmittal system. 1.
    44  Establishment.  In addition to any other means of applying for an absen-
    45  tee ballot, the state board of elections shall establish and maintain an
    46  electronic absentee ballot application transmittal system through  which
    47  voters  may  apply  for  an  absentee  ballot online. The state board of
    48  elections shall electronically transmit such applications to the  appli-
    49  cable  board  of  elections  of  each county or the city of New York for
    50  processing consistent with this chapter. In  accordance  with  technical
    51  specifications  provided  by the state board of elections, each board of
    52  elections shall maintain an absentee ballot application  system  capable
    53  of  receiving  and  processing  electronic absentee ballot applications,
    54  including, but not limited to, electronic signatures, from the electron-
    55  ic absentee ballot application transmittal  system  established  by  the
    56  state  board  of  elections  pursuant to this section.  Such transmittal
        A. 6970--A                          3
 
     1  system shall be fully integrated with each county board of elections and
     2  the city of New York board of elections so that a voter may apply online
     3  directly either through the website of his or her board of elections  or
     4  the  state  board of elections.   Notwithstanding any other inconsistent
     5  provision of this chapter, applications filed using such system shall be
     6  considered filed with the applicable board of elections on the  calendar
     7  date  the  application is initially transmitted by the voter through the
     8  electronic absentee ballot application transmittal system.
     9    2. Online absentee ballot application.  (a) A voter shall be  able  to
    10  apply  for an absentee ballot using a personal online voter registration
    11  application submitted through the electronic absentee ballot application
    12  transmittal system when the voter:
    13    (i) completes an electronic absentee ballot application promulgated by
    14  the state board of elections which shall include all of the  information
    15  required by section 8-400 of this title; and
    16    (ii) affirms, subject to penalty of perjury, by means of electronic or
    17  manual  signature, that the information contained in the absentee ballot
    18  application is true; and
    19    (iii) consents to the use of an electronic copy  of  the  individual's
    20  manual signature that is in the custody of the department of motor vehi-
    21  cles,  the  state  board  of  elections,  or  other agency designated by
    22  section 5-211 or 5-212 of this chapter,  as  the  individual's  absentee
    23  ballot exemplar signature, or provides such a signature by direct upload
    24  in  a  manner that complies with the New York state electronic signature
    25  and records act and the rules and regulations promulgated by  the  state
    26  board of elections.
    27    (b)  The board of elections shall provide the personal online absentee
    28  ballot application in any language required by the federal Voting Rights
    29  Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
    30    (c) The online  absentee  ballot  application  process  shall  provide
    31  reasonable  accommodations  to  improve  accessibility  for persons with
    32  disabilities and shall be compatible for use with standard online acces-
    33  sibility assistance tools for persons with visual, physical  or  percep-
    34  tive disabilities.
    35    (d)  The  state  board  of  elections shall promulgate rules and regu-
    36  lations for the creation and administration of an online absentee ballot
    37  registration system pursuant to this section.
    38    3. Failure to provide exemplar signature not to  prevent  application.
    39  (a)  If  an  absentee  ballot  exemplar  signature is not provided by an
    40  applicant who submits an absentee ballot application  pursuant  to  this
    41  section,  the  local  board shall seek to obtain such exemplar signature
    42  from the statewide voter  registration  database,  the  state  board  of
    43  elections,  or  a  state  or local agency designated by section 5-211 or
    44  5-212 of this chapter.
    45    (b) If such exemplar signature is not  available  from  the  statewide
    46  voter registration database, the state board of elections, or a state or
    47  local  agency  designated by section 5-211 or 5-212 of this chapter, the
    48  local board of elections shall, absent  another  reason  to  reject  the
    49  application,  require  the voter to provide an exemplar signature by any
    50  one of the following   methods: in person, by  electronic  mail,  or  by
    51  electronic  upload  to  the  board  of  elections through the electronic
    52  absentee ballot application transmittal system.
    53    (c) If such voter does not provide the  required  exemplar  signature,
    54  the  board of elections shall proceed to issue an absentee ballot to the
    55  voter along with an absentee  ballot  application  form  requiring  such
        A. 6970--A                          4

     1  voter  to submit a signature upon such application form and return it to
     2  the board of elections with the voter's ballot.
     3    § 3. This act shall take effect January 1, 2022.  Effective immediate-
     4  ly,  the  state board of elections shall be authorized to promulgate any
     5  rules or regulations required to carry out the provisions  of  this  act
     6  prior to such effective date.