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S08130 Summary:

S08130 Actions:

S08130 Committee Votes:

S08130 Floor Votes:

S08130 Text:

 
                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.