Bill Text: NY S02405 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes an electronic military ballot application and military ballot transmittal system through which applicants may apply for a military ballot and return a marked military ballot, online.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S02405 Detail]

Download: New_York-2023-S02405-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2405

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sen.  MYRIE  -- 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 establishing  an  elec-
          tronic  military  ballot  application  and military ballot transmittal
          system

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The election law is amended by adding a new section 10-110
     2  to read as follows:
     3    § 10-110. Military voters; electronic military ballot application  and
     4  military ballot transmittal system. 1. In addition to any other means of
     5  application for a military ballot and return of a marked military ballot
     6  provided  for by this chapter, the state board of elections shall estab-
     7  lish and maintain an electronic military ballot application and military
     8  ballot transmittal system through which applicants may apply for a mili-
     9  tary ballot and return a marked military ballot, online. The state board
    10  of elections shall electronically transmit such applications and  marked
    11  ballots  to the applicable board of elections of each county or the city
    12  of New York for filing, processing and verification consistent with this
    13  chapter. In accordance with technical  specifications  provided  by  the
    14  state  board  of  elections,  each  board  of elections shall maintain a
    15  system capable of receiving and processing military  ballot  application
    16  and  marked  military  ballot information, including digital signatures,
    17  from the electronic voter registration transmittal system established by
    18  the state board of elections.  Notwithstanding  any  other  inconsistent
    19  provision  of  this  chapter,  applications and ballots filed using such
    20  system shall be considered filed with the applicable board of  elections
    21  on the calendar date such application or ballot is initially transmitted
    22  by  the  voter  through  the  electronic military ballot application and
    23  military ballot transmittal system.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04091-01-3
        S. 2405                             2

     1    2. As used in this article, the term "digital  signature"  shall  mean
     2  the  certificate-based  digital  identification code issued to qualified
     3  personnel by the United States department of  defense  as  part  of  the
     4  common access card or its successor.
     5    §  2. Subdivision 2 of section 10-107 of the election law, as added by
     6  chapter 104 of the laws of 2010, is amended to read as follows:
     7    2. Irrespective of the preferred method of transmission designated  by
     8  a  military voter, a military voter's original completed voter registra-
     9  tion application, military ballot application and military  ballot  must
    10  be  returned  by  mail,  the  electronic military ballot application and
    11  military ballot  transmittal  system  established  pursuant  to  section
    12  10-110  of  this  article or in person notwithstanding that a prior copy
    13  was sent to the board of elections by facsimile  transmission  or  elec-
    14  tronic mail.
    15    §  3. Section 10-112 of the election law, as amended by chapter 104 of
    16  the laws of 2010, is amended to read as follows:
    17    § 10-112. Military voter; voting. The military voter shall either:
    18    1. mark the military ballot provided for in this article in  the  same
    19  manner  as an absentee ballot. After marking the ballot, he or she shall
    20  fold such ballot and enclose it in the inner affirmation envelope  bear-
    21  ing  the military voter's affirmation on the outside of the envelope and
    22  seal the envelope. He or she shall then sign the affirmation,  with  the
    23  blanks properly filled in. The inner affirmation envelope containing the
    24  military  ballot  shall then be inserted in the outer envelope addressed
    25  to the  appropriate  board  of  elections,  which  shall  be  mailed  or
    26  personally  delivered to such board of elections of his or her county of
    27  residence within the time limits provided by this chapter; or
    28    2. utilize the electronic military  ballot  application  and  military
    29  ballot transmittal system established pursuant to section 10-110 of this
    30  article  to  mark, sign with such military voter's digital signature and
    31  return the military ballot provided for in this article.
    32    § 4. This act shall take effect immediately.