Bill Text: NY A00507 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to an electronically submitted absentee ballot application.

Spectrum: Moderate Partisan Bill (Democrat 17-2)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A00507 Detail]

Download: New_York-2019-A00507-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           507
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M. of A. ABINANTI, COLTON, GALEF, LUPARDO, L. ROSENTHAL,
          PAULIN, THIELE, BENEDETTO, WEPRIN,  JAFFEE,  LIFTON,  OTIS,  VANEL  --
          Multi-Sponsored  by  -- M. of A. JOHNS, McDONOUGH, WRIGHT -- read once
          and referred to the Committee on Election Law
        AN ACT to amend the election law, in relation to authorizing  electronic
          absentee ballot applications
          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 that a  ballot  be  delivered  to  the
     5  voter  or  an agent by mail must be mailed to the board of elections not
     6  later than the seventh day before the election for  which  a  ballot  is
     7  first  requested  or,  for applications requesting in-person delivery of
     8  the ballot to the voter or an agent at the board of elections,  must  be
     9  delivered  to such board not later than the day before such election. In
    10  addition to postal or personal delivery of the application to the  board
    11  of  elections,  the board of elections shall accept delivery of absentee
    12  ballot applications: (i) by telephone facsimile transmission to a  phone
    13  number  which  shall be designated by the board of elections; (ii) as an
    14  attachment to an electronic mail transmission sent to an electronic mail
    15  address which shall be designated by the board of elections;  and  (iii)
    16  through  an  online electronic absentee ballot application filing system
    17  which shall be established by the state board  of  elections  and  which
    18  shall  transmit  each  application to the appropriate board of elections
    19  for processing. The website for each board of elections shall  advertise
    20  the  email  address  and  telephone  facsimile  number  required by this
    21  section and shall provide a link to the online electronic filing  system
    22  established  pursuant  to  this section. An application delivered to the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04359-01-9

        A. 507                              2
     1  board of elections by electronic means shall be an original  application
     2  without necessity for a subsequent conforming paper submission and shall
     3  be  deemed  filed  when  received  by  the board of elections, except if
     4  received  by  electronic means after business hours or extended hours as
     5  designated by this chapter, such application shall be deemed received as
     6  of the next day on which the board is open to  receive  absentee  ballot
     7  applications.  Nothing in this section shall be construed to prevent the
     8  application of the electronic signature provisions of the state technol-
     9  ogy law with respect to applications for an absentee ballot.
    10    § 2. Subdivision 2 of section 10-107 of the election law, as added  by
    11  chapter 104 of the laws of 2010, is amended to read as follows:
    12    2.  Irrespective of the preferred method of transmission designated by
    13  a military voter, a military voter's original completed voter  registra-
    14  tion application[, military ballot application] and military ballot must
    15  be  returned  by mail or in person notwithstanding that a prior copy was
    16  sent to the board of elections by facsimile transmission  or  electronic
    17  mail.  A  completed  military  ballot application submitted by facsimile
    18  transmission or electronic mail or through an electronic  filing  system
    19  established  by the state board of elections shall be an original appli-
    20  cation and no conforming paper submission shall be required.
    21    § 3. Subdivision 2 of section 11-203 of the election law, as added  by
    22  chapter 104 of the laws of 2010, is amended to read as follows:
    23    2.  Irrespective of the preferred method of transmission designated by
    24  a special federal voter, a special federal  voter's  original  completed
    25  voter registration application[, special federal ballot application] and
    26  special  federal  ballot  must be returned by mail or in person notwith-
    27  standing that a prior copy was sent to the board of elections by facsim-
    28  ile transmission or electronic mail. A completed special federal  ballot
    29  application  submitted  by  facsimile transmission or electronic mail or
    30  through an electronic filing system established by the  state  board  of
    31  elections  shall  be  an  original  application  and no conforming paper
    32  submission shall be required.
    33    § 4. This act shall take effect on the first of January next  succeed-
    34  ing the date on which it shall have become a law.
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