Amd 8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L
 
Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.
STATE OF NEW YORK
________________________________________________________________________
8130--D
IN SENATE
March 24, 2020
___________
Introduced by Sens. MYRIE, CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER,
RIVERA -- read twice and ordered printed, and when printed to be
committed to the Committee on Elections -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged and said bill committed to the
Committee on Rules -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon the expiration there-
of
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15910-10-0
S. 8130--D 2
1 federal voter may request a special federal ballot or voter registration
2 application or an absentee ballot application in a letter as provided in
3 paragraph d of subdivision one of section 11-202 of this chapter. The
4 board of elections shall enclose with such ballot a form of application
5 for absentee ballot if the applicant is registered with such board of
6 elections.
7 § 2. Subdivision 1 of section 8-412 of the election law, as amended by
8 chapter 155 of the laws of 1994, is amended to read as follows:
9 1. The board of elections shall cause all absentee ballots received by
10 it before the close of the polls on election day and all ballots
11 contained in envelopes showing a cancellation mark of the United States
12 postal service or a foreign country's postal service, or showing a dated
13 endorsement of receipt by another agency of the United States govern-
14 ment, with a date which is ascertained to be not later than the day
15 [before] of the election and received by such board of elections not
16 later than seven days following the day of election to be cast and
17 counted [except that the absentee ballot of a voter who requested such
18 ballot by letter, rather than application, shall not be counted unless a
19 valid application form, signed by such voter, is received by the board
20 of elections with such ballot].
21 § 3. Subparagraph (iii) of paragraph (b) of subdivision 2 of section
22 9-209 of the election law, as amended by chapter 104 of the laws of
23 2010, is amended to read as follows:
24 (iii) If such a federal write-in absentee ballot is received after
25 election day, the envelope in which it is received must contain: (A) a
26 cancellation mark of the United States postal service or a foreign coun-
27 try's postal service; (B) a dated endorsement of receipt by another
28 agency of the United States government; or (C) if cast by a military
29 voter, the signature and date of the voter and one witness thereto with
30 a date which is ascertained to be not later than the day [before] of the
31 election [day].
32 § 4. Subdivision 1 of section 10-114 of the election law, as amended
33 by chapter 165 of the laws of 2009, is amended to read as follows:
34 1. The board of elections shall cause all military ballots received by
35 it before the close of the polls on election day and all ballots
36 contained in envelopes showing a cancellation mark of the United States
37 postal service or a foreign country's postal service, or showing a dated
38 endorsement of receipt by another agency of the United States government
39 or are signed and dated by the voter and one witness thereto, with a
40 date which is ascertained to be not later than the day [before] of the
41 election and received by such board of elections not later than seven
42 days following the day of a primary election and not later than thirteen
43 days following the day of a general or special election to be cast and
44 counted.
45 § 5. Subdivision 1 of section 11-110 of the election law, as amended
46 by chapter 99 of the laws of 1989, is amended to read as follows:
47 1. To be counted, any ballot cast under the provisions of this article
48 must be received by the appropriate board of elections not later than
49 the close of the polls on election day except that all ballots contained
50 in envelopes showing a cancellation mark of the United States postal
51 service, or a foreign country's postal service with a date which is
52 ascertained to be not later than the day [before] of the election, shall
53 be cast and counted if received by the board of elections not later than
54 seven days following the day of election.
55 § 6. Section 11-212 of the election law, as amended by chapter 163 of
56 the laws of 2010, is amended to read as follows:
S. 8130--D 3
1 § 11-212. Special federal ballots; deadline for receipt. All special
2 federal ballots received by the board of elections before the close of
3 the polls on election day shall be retained by the board of elections
4 and cast and canvassed pursuant to section 9-209 of this chapter. All
5 ballots contained in envelopes showing a cancellation mark of the United
6 States postal service or a foreign country's postal service, or showing
7 a dated endorsement of receipt by another agency of the United States
8 government, with a date which is ascertained to be not later than the
9 day [before] of the election, shall be cast and counted if received by
10 the board of elections not later than seven days following the day of a
11 primary election or thirteen days following the day of a general or
12 special election [except that the special federal ballot of a voter who
13 requested such ballot by letter, rather than application, shall not be
14 counted unless a valid application form, signed by such voter, is
15 received by the board of elections with such ballot]. All ballots
16 received by the board of elections and all federal write-in ballots
17 received from special federal voters not later than seven days following
18 the day of a primary election or thirteen days following the day of a
19 general or special election, shall be retained at the board and shall be
20 cast and canvassed in the same manner as other ballots retained by such
21 board.
22 § 7. This act shall take effect immediately; provided however, that
23 section one of this act shall take effect one week after the date of the
24 2020 New York primary election, currently scheduled for June 23, 2020;
25 provided further, this act shall expire and be deemed repealed December
26 31, 2020.