Bill Text: NY A10516 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Passed) 2020-06-07 - SIGNED CHAP.91 [A10516 Detail]
Download: New_York-2019-A10516-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10516--A IN ASSEMBLY May 24, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simotas, Weinstein) -- read once and referred to the Committee on Election Law -- 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 20 federal voter may request a special federal ballot or voter registration 21 application or an absentee ballot application in a letter as provided in 22 paragraph d of subdivision one of section 11-202 of this chapter. The 23 board of elections shall enclose with such ballot a form of application 24 for absentee ballot if the applicant is registered with such board of 25 elections. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15910-11-0A. 10516--A 2 1 § 2. Subdivision 1 of section 8-412 of the election law, as amended by 2 chapter 155 of the laws of 1994, is amended to read as follows: 3 1. The board of elections shall cause all absentee ballots received by 4 it before the close of the polls on election day and all ballots 5 contained in envelopes showing a cancellation mark of the United States 6 postal service or a foreign country's postal service, or showing a dated 7 endorsement of receipt by another agency of the United States govern- 8 ment, with a date which is ascertained to be not later than the day 9 [before] of the election and received by such board of elections not 10 later than seven days following the day of election to be cast and 11 counted [except that the absentee ballot of a voter who requested such12ballot by letter, rather than application, shall not be counted unless a13valid application form, signed by such voter, is received by the board14of elections with such ballot]. 15 § 3. Subparagraph (iii) of paragraph (b) of subdivision 2 of section 16 9-209 of the election law, as amended by chapter 104 of the laws of 17 2010, is amended to read as follows: 18 (iii) If such a federal write-in absentee ballot is received after 19 election day, the envelope in which it is received must contain: (A) a 20 cancellation mark of the United States postal service or a foreign coun- 21 try's postal service; (B) a dated endorsement of receipt by another 22 agency of the United States government; or (C) if cast by a military 23 voter, the signature and date of the voter and one witness thereto with 24 a date which is ascertained to be not later than the day [before] of the 25 election [day]. 26 § 4. Subdivision 1 of section 10-114 of the election law, as amended 27 by chapter 165 of the laws of 2009, is amended to read as follows: 28 1. The board of elections shall cause all military ballots received by 29 it before the close of the polls on election day and all ballots 30 contained in envelopes showing a cancellation mark of the United States 31 postal service or a foreign country's postal service, or showing a dated 32 endorsement of receipt by another agency of the United States government 33 or are signed and dated by the voter and one witness thereto, with a 34 date which is ascertained to be not later than the day [before] of the 35 election and received by such board of elections not later than seven 36 days following the day of a primary election and not later than thirteen 37 days following the day of a general or special election to be cast and 38 counted. 39 § 5. Subdivision 1 of section 11-110 of the election law, as amended 40 by chapter 99 of the laws of 1989, is amended to read as follows: 41 1. To be counted, any ballot cast under the provisions of this article 42 must be received by the appropriate board of elections not later than 43 the close of the polls on election day except that all ballots contained 44 in envelopes showing a cancellation mark of the United States postal 45 service, or a foreign country's postal service with a date which is 46 ascertained to be not later than the day [before] of the election, shall 47 be cast and counted if received by the board of elections not later than 48 seven days following the day of election. 49 § 6. Section 11-212 of the election law, as amended by chapter 163 of 50 the laws of 2010, is amended to read as follows: 51 § 11-212. Special federal ballots; deadline for receipt. All special 52 federal ballots received by the board of elections before the close of 53 the polls on election day shall be retained by the board of elections 54 and cast and canvassed pursuant to section 9-209 of this chapter. All 55 ballots contained in envelopes showing a cancellation mark of the United 56 States postal service or a foreign country's postal service, or showingA. 10516--A 3 1 a dated endorsement of receipt by another agency of the United States 2 government, with a date which is ascertained to be not later than the 3 day [before] of the election, shall be cast and counted if received by 4 the board of elections not later than seven days following the day of a 5 primary election or thirteen days following the day of a general or 6 special election [except that the special federal ballot of a voter who7requested such ballot by letter, rather than application, shall not be8counted unless a valid application form, signed by such voter, is9received by the board of elections with such ballot]. All ballots 10 received by the board of elections and all federal write-in ballots 11 received from special federal voters not later than seven days following 12 the day of a primary election or thirteen days following the day of a 13 general or special election, shall be retained at the board and shall be 14 cast and canvassed in the same manner as other ballots retained by such 15 board. 16 § 7. This act shall take effect immediately; provided however, that 17 section one of this act shall take effect one week after the date of the 18 2020 New York primary election, currently scheduled for June 23, 2020; 19 provided further, this act shall expire and be deemed repealed December 20 31, 2020.