Bill Text: NY S00632 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to absentee ballots; provides an electronic application to request an absentee ballot.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO ELECTIONS [S00632 Detail]

Download: New_York-2021-S00632-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           632

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections

        AN ACT to amend the election law, in relation to absentee voting

          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.
                                                                   LBD06364-01-1
        S. 632                              2

     1    § 2. Subdivision 1 of section 8-412 of the election law, as amended by
     2  chapter 140 of the laws of 2020, 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  of
     9  the  election  and  received  by  such board of elections not later than
    10  seven days following the day of election to be cast and counted  [except
    11  that the absentee ballot of a voter who requested such ballot by letter,
    12  rather than application, shall not be counted unless a valid application
    13  form,  signed  by such voter, is received by the board of elections with
    14  such ballot]. For purposes of this section, any absentee ballot received
    15  by the board of elections by mail that does not bear or display a  dated
    16  postmark  shall  be  presumed to have been timely mailed or delivered if
    17  such ballot bears a time stamp of the receiving board of elections indi-
    18  cating receipt by such board on the day after the election.
    19    § 3. Subparagraph (iii) of paragraph (b) of subdivision 2  of  section
    20  9-209  of  the  election  law,  as amended by chapter 104 of the laws of
    21  2010, is amended to read as follows:
    22    (iii) If such a federal write-in absentee  ballot  is  received  after
    23  election  day,  the envelope in which it is received must contain: (A) a
    24  cancellation mark of the United States postal service or a foreign coun-
    25  try's postal service; (B) a dated  endorsement  of  receipt  by  another
    26  agency  of  the  United  States government; or (C) if cast by a military
    27  voter, the signature and date of the voter and one witness thereto  with
    28  a date which is ascertained to be not later than the day [before] of the
    29  election [day].
    30    §  4.  Subdivision 1 of section 10-114 of the election law, as amended
    31  by chapter 165 of the laws of 2009, is amended to read as follows:
    32    1. The board of elections shall cause all military ballots received by
    33  it before the close of  the  polls  on  election  day  and  all  ballots
    34  contained  in envelopes showing a cancellation mark of the United States
    35  postal service or a foreign country's postal service, or showing a dated
    36  endorsement of receipt by another agency of the United States government
    37  or are signed and dated by the voter and one  witness  thereto,  with  a
    38  date  which  is ascertained to be not later than the day [before] of the
    39  election and received by such board of elections not  later  than  seven
    40  days following the day of a primary election and not later than thirteen
    41  days  following  the day of a general or special election to be cast and
    42  counted.
    43    § 5. Subdivision 1 of section 11-110 of the election law,  as  amended
    44  by chapter 99 of the laws of 1989, is amended to read as follows:
    45    1. To be counted, any ballot cast under the provisions of this article
    46  must  be  received  by the appropriate board of elections not later than
    47  the close of the polls on election day except that all ballots contained
    48  in envelopes showing a cancellation mark of  the  United  States  postal
    49  service,  or  a  foreign  country's  postal service with a date which is
    50  ascertained to be not later than the day [before] of the election, shall
    51  be cast and counted if received by the board of elections not later than
    52  seven days following the day of election.
    53    § 6. Section 11-212 of the election law, as amended by chapter 163  of
    54  the laws of 2010, is amended to read as follows:
    55    §  11-212.  Special federal ballots; deadline for receipt. All special
    56  federal ballots received by the board of elections before the  close  of
        S. 632                              3

     1  the  polls  on  election day shall be retained by the board of elections
     2  and cast and canvassed pursuant to section 9-209 of  this  chapter.  All
     3  ballots contained in envelopes showing a cancellation mark of the United
     4  States  postal service or a foreign country's postal service, or showing
     5  a dated endorsement of receipt by another agency of  the  United  States
     6  government,  with  a  date which is ascertained to be not later than the
     7  day [before] of the election, shall be cast and counted if  received  by
     8  the  board of elections not later than seven days following the day of a
     9  primary election or thirteen days following the  day  of  a  general  or
    10  special  election [except that the special federal ballot of a voter who
    11  requested such ballot by letter, rather than application, shall  not  be
    12  counted  unless  a  valid  application  form,  signed  by such voter, is
    13  received by the board  of  elections  with  such  ballot].  All  ballots
    14  received  by  the  board  of  elections and all federal write-in ballots
    15  received from special federal voters not later than seven days following
    16  the day of a primary election or thirteen days following the  day  of  a
    17  general or special election, shall be retained at the board and shall be
    18  cast  and canvassed in the same manner as other ballots retained by such
    19  board.
    20    § 7. This act shall take effect immediately.