Relates to absentee voting application deadlines; all applications requesting an absentee ballot by mail must be received by the board of elections no later than the fifteenth day before the election for a ballot is first requested; applications delivered in person shall be received no later than the day before such election.
STATE OF NEW YORK
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8916
IN SENATE
August 14, 2020
___________
Introduced by Sen. MYRIE -- 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 absentee voting appli-
cation deadlines
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 8-400 of the
2 election law, as amended by chapter 321 of the laws of 1988, is amended
3 to read as follows:
4 (c) All applications requesting an absentee ballot by mail must be
5 [mailed to] received by the board of elections not later than the
6 [seventh] fifteenth day before the election for which a ballot is first
7 requested [or delivered to]. Applications for an absentee ballot that
8 will be delivered in person at the board of elections to the voter or to
9 an agent of the voter must be received by such board not later than the
10 day before such election.
11 § 2. Paragraph (d) of subdivision 2 of section 8-400 of the election
12 law, as amended by chapter 91 of the laws of 2020, is amended to read as
13 follows:
14 (d) The board of elections shall mail an absentee ballot to every
15 qualified voter otherwise eligible for such a ballot, when such voter
16 requests an absentee ballot from such board of elections in writing in a
17 letter, telefax indicating the address, phone number and the telefax
18 number from which the writing is sent or other written instrument, or an
19 electronic application submitted by the voter by electronic mail or
20 through an electronic transmittal system or web portal established by
21 the state board of elections or city or county board of elections, which
22 is received by the board of elections not [earlier than the thirtieth
23 day nor] later than the [seventh] fifteenth day before the election for
24 which the ballot is first requested and which states the address where
25 the voter is registered and the address to which the ballot is to be
26 mailed; provided, however, a military voter may request a military
27 ballot or voter registration application or an absentee ballot applica-
28 tion in a letter as provided in subdivision three of section 10-106 of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17121-01-0
S. 8916 2
1 this chapter; and provided further, a special federal voter may request
2 a special federal ballot or voter registration application or an absen-
3 tee ballot application in a letter as provided in paragraph d of subdi-
4 vision one of section 11-202 of this chapter. The board of elections
5 shall enclose with such ballot a form of application for absentee ballot
6 if the applicant is registered with such board of elections.
7 § 3. Paragraph (d) of subdivision 2 of section 8-400 of the election
8 law, as separately amended by chapters 97 and 104 of the laws of 2010,
9 is amended to read as follows:
10 (d) The board of elections shall mail an absentee ballot to every
11 qualified voter otherwise eligible for such a ballot, who requests such
12 an absentee ballot from such board of elections in writing in a letter,
13 telefax indicating the address, phone number and the telefax number from
14 which the writing is sent or other written instrument, which is signed
15 by the voter and received by the board of elections not [earlier than
16 the thirtieth day nor] later than the [seventh] fifteenth day before the
17 election for which the ballot is first requested and which states the
18 address where the voter is registered and the address to which the
19 ballot is to be mailed; provided, however, a military voter may request
20 a military ballot or voter registration application or an absentee
21 ballot application in a letter as provided in subdivision three of
22 section 10-106 of this chapter; and provided further, a special federal
23 voter may request a special federal ballot or voter registration appli-
24 cation or an absentee ballot application in a letter as provided in
25 paragraph d of subdivision one of section 11-202 of this chapter. The
26 board of elections shall enclose with such ballot a form of application
27 for absentee ballot if the applicant is registered with such board of
28 elections.
29 § 4. This act shall take effect immediately, provided that the amend-
30 ments to paragraph (d) of subdivision 2 of section 8-400 of the election
31 law made by section two of this act shall be subject to the expiration
32 and reversion of such paragraph pursuant to section 7 of chapter 91 of
33 the laws of 2020, as amended, when upon such date the provisions of
34 section three of this act shall take effect.
