STATE OF NEW YORK
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632
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
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Introduced by Sen. JACKSON -- 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 absentee voting
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] when such
6 voter requests [such] an absentee ballot from such board of elections in
7 writing in a letter, telefax indicating the address, phone number and
8 the telefax number from which the writing is sent or other written
9 instrument, or an electronic application submitted by the voter by elec-
10 tronic mail or through an electronic transmittal system or web portal
11 established by the state board of elections or city or county board of
12 elections, which is [signed by the voter and] received by the board of
13 elections not earlier than the thirtieth day nor later than the seventh
14 day before the election for which the ballot is first requested and
15 which states the address where the voter is registered and the address
16 to which the ballot is to be mailed; provided, however, a military voter
17 may request a military ballot or voter registration application or an
18 absentee ballot application in a letter as provided in subdivision three
19 of section 10-106 of this chapter; and provided further, a special
20 federal voter may request a special federal ballot or voter registration
21 application or an absentee ballot application in a letter as provided in
22 paragraph d of subdivision one of section 11-202 of this chapter. The
23 board of elections shall enclose with such ballot a form of application
24 for absentee ballot if the applicant is registered with such board of
25 elections.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06364-01-1
S. 632 2
1 § 2. Subdivision 1 of section 8-412 of the election law, as amended by
2 chapter 140 of the laws of 2020, is amended to read as follows:
3 1. The board of elections shall cause all absentee ballots received by
4 it before the close of the polls on election day and all ballots
5 contained in envelopes showing a cancellation mark of the United States
6 postal service or a foreign country's postal service, or showing a dated
7 endorsement of receipt by another agency of the United States govern-
8 ment, with a date which is ascertained to be not later than the day of
9 the election and received by such board of elections not later than
10 seven days following the day of election to be cast and counted [except
11 that the absentee ballot of a voter who requested such ballot by letter,
12 rather than application, shall not be counted unless a valid application
13 form, signed by such voter, is received by the board of elections with
14 such ballot]. For purposes of this section, any absentee ballot received
15 by the board of elections by mail that does not bear or display a dated
16 postmark shall be presumed to have been timely mailed or delivered if
17 such ballot bears a time stamp of the receiving board of elections indi-
18 cating receipt by such board on the day after the election.
19 § 3. Subparagraph (iii) of paragraph (b) of subdivision 2 of section
20 9-209 of the election law, as amended by chapter 104 of the laws of
21 2010, is amended to read as follows:
22 (iii) If such a federal write-in absentee ballot is received after
23 election day, the envelope in which it is received must contain: (A) a
24 cancellation mark of the United States postal service or a foreign coun-
25 try's postal service; (B) a dated endorsement of receipt by another
26 agency of the United States government; or (C) if cast by a military
27 voter, the signature and date of the voter and one witness thereto with
28 a date which is ascertained to be not later than the day [before] of the
29 election [day].
30 § 4. Subdivision 1 of section 10-114 of the election law, as amended
31 by chapter 165 of the laws of 2009, is amended to read as follows:
32 1. The board of elections shall cause all military ballots received by
33 it before the close of the polls on election day and all ballots
34 contained in envelopes showing a cancellation mark of the United States
35 postal service or a foreign country's postal service, or showing a dated
36 endorsement of receipt by another agency of the United States government
37 or are signed and dated by the voter and one witness thereto, with a
38 date which is ascertained to be not later than the day [before] of the
39 election and received by such board of elections not later than seven
40 days following the day of a primary election and not later than thirteen
41 days following the day of a general or special election to be cast and
42 counted.
43 § 5. Subdivision 1 of section 11-110 of the election law, as amended
44 by chapter 99 of the laws of 1989, is amended to read as follows:
45 1. To be counted, any ballot cast under the provisions of this article
46 must be received by the appropriate board of elections not later than
47 the close of the polls on election day except that all ballots contained
48 in envelopes showing a cancellation mark of the United States postal
49 service, or a foreign country's postal service with a date which is
50 ascertained to be not later than the day [before] of the election, shall
51 be cast and counted if received by the board of elections not later than
52 seven days following the day of election.
53 § 6. Section 11-212 of the election law, as amended by chapter 163 of
54 the laws of 2010, is amended to read as follows:
55 § 11-212. Special federal ballots; deadline for receipt. All special
56 federal ballots received by the board of elections before the close of
S. 632 3
1 the polls on election day shall be retained by the board of elections
2 and cast and canvassed pursuant to section 9-209 of this chapter. All
3 ballots contained in envelopes showing a cancellation mark of the United
4 States postal service or a foreign country's postal service, or showing
5 a dated endorsement of receipt by another agency of the United States
6 government, with a date which is ascertained to be not later than the
7 day [before] of the election, shall be cast and counted if received by
8 the board of elections not later than seven days following the day of a
9 primary election or thirteen days following the day of a general or
10 special election [except that the special federal ballot of a voter who
11 requested such ballot by letter, rather than application, shall not be
12 counted unless a valid application form, signed by such voter, is
13 received by the board of elections with such ballot]. All ballots
14 received by the board of elections and all federal write-in ballots
15 received from special federal voters not later than seven days following
16 the day of a primary election or thirteen days following the day of a
17 general or special election, shall be retained at the board and shall be
18 cast and canvassed in the same manner as other ballots retained by such
19 board.
20 § 7. This act shall take effect immediately.