Amd SS8-400, 9-209, 10-106, 10-114, 11-202 & 11-212, El L; amd S4, Chap 237 of 2005
Allows a military voter to apply for a military ballot by facsimile transmission or electronic mail; extends time for receipt of special federal and military ballots; makes permanent certain provisions relating to military and special federal ballots.
STATE OF NEW YORK
________________________________________________________________________
6021
2009-2010 Regular Sessions
IN SENATE
June 19, 2009
___________
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules
AN ACT to amend the election law, in relation to military voting, and to
amend chapter 237 of the laws of 2005 amending the election law relat-
ing to military voting, in relation to making such provisions perma-
nent
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 added by chapter 216 of the laws of 1988, is amended to
3 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 a letter, which is
7 signed by the voter and received by the board of elections not earlier
8 than the thirtieth day nor later than the seventh day before the
9 election for which the ballot is first requested and which states the
10 address where the voter is registered and the address to which the
11 ballot is to be mailed; provided, however, a military voter may request
12 a military ballot in a letter as provided in subdivision three of
13 section 10-106 of this chapter; and provided further, a special federal
14 voter may request a special federal ballot in a letter as provided in
15 paragraph d of subdivision one of section 11-202 of this chapter. The
16 board of elections shall enclose with such ballot a form of application
17 for absentee ballot.
18 § 2. Paragraph a of subdivision 1 of section 9-209 of the election
19 law, as amended by chapter 237 of the laws of 2005, is amended to read
20 as follows:
21 a. The board of elections shall designate itself or such of its
22 employees as it shall deem appropriate as a set of poll clerks to cast
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12100-01-9
S. 6021 2
1 and canvass such ballots, and fix a time and place for their meeting for
2 such purpose, provided that such meeting shall be no more than [thir-
3 teen] fourteen days after a general or special election and no more than
4 eight days after a [special or] primary election at which such ballots
5 are voted. The board may designate additional sets of poll clerks and if
6 it designates more than one such set shall apportion among all such sets
7 the election districts from which such ballots have been received,
8 provided that all such ballots from a single election district shall be
9 assigned to a single set of clerks, and that each such set shall be
10 divided equally between representatives of the two major political
11 parties. Each such set of clerks shall be deemed a central board of
12 inspectors for purposes of this section.
13 § 3. Section 10-106 of the election law is amended by adding a new
14 subdivision 3 to read as follows:
15 3. A military voter may apply for a military ballot by facsimile
16 transmission pursuant to the Uniformed and Overseas Citizens Absentee
17 Voting Act or electronic mail.
18 § 4. Subdivision 1 of section 10-114 of the election law, as amended
19 by chapter 237 of the laws of 2005, is amended to read as follows:
20 1. The board of elections shall cause all military ballots received by
21 it before the close of the polls on election day and all ballots
22 contained in envelopes showing a cancellation mark of the United States
23 postal service or a foreign country's postal service, or showing a dated
24 endorsement of receipt by another agency of the United States government
25 or are signed and dated by the voter and one witness thereto, with a
26 date which is ascertained to be not later than the day before election
27 and received by such board of elections not later than seven days
28 following the day of a primary [or special] election and not later than
29 thirteen days following the day of a general or special election to be
30 cast and counted.
31 § 5. Subdivision 1 of section 11-202 of the election law is amended by
32 adding a new paragraph d to read as follows:
33 d. A special federal voter may apply for a special federal ballot by
34 facsimile transmission pursuant to the Uniformed and Overseas Citizens
35 Absentee Voting Act or electronic mail.
36 § 6. Section 11-212 of the election law, as amended by chapter 155 of
37 the laws of 1994, is amended to read as follows:
38 § 11-212. Special federal ballots; deadline for receipt, and delivery
39 to polling place. All special federal ballots received by the board of
40 elections before the close of the polls on election day may be delivered
41 to the inspectors of the election districts in which the voters are
42 registered, in the manner prescribed by this chapter for absentee
43 ballots, or retained by the board of elections and cast and canvassed
44 pursuant to section 9-209 of this chapter as the board of elections, in
45 its discretion, shall determine by resolution adopted at least thirty
46 days before election day. All ballots contained in envelopes showing a
47 cancellation mark of the United States postal service or a foreign coun-
48 try's postal service, or showing a dated endorsement of receipt by
49 another agency of the United States government, with a date which is
50 ascertained to be not later than the day before election, shall be cast
51 and counted if received by the board of elections not later than seven
52 days following the day of a primary election or thirteen days following
53 the day of a general or special election except that the special federal
54 ballot of a voter who requested such ballot by letter, rather than
55 application, shall not be counted unless a valid application form,
56 signed by such voter, is received by the board of elections with such
S. 6021 3
1 ballot. All ballots received by the board of elections [between election
2 day and the seventh day after election day] and all federal write-in
3 ballots received from special federal voters not later than seven days
4 following the day of a primary election or thirteen days following the
5 day of a general or special election, shall be retained at the board and
6 shall be cast and canvassed in the same manner as other ballots retained
7 by such board.
8 § 7. Section 4 of chapter 237 of the laws of 2005 amending the
9 election law relating to military voting, as amended by chapter 188 of
10 the laws of 2008, is amended to read as follows:
11 § 4. This act shall take effect immediately [and shall expire December
12 31, 2009; when upon such date the provisions of this act shall be deemed
13 repealed].
14 § 8. This act shall take effect immediately.
