Bill Text: NY S08130 | 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 12-0)
Status: (Passed) 2020-06-07 - SIGNED CHAP.91 [S08130 Detail]
Download: New_York-2019-S08130-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8130--D IN SENATE March 24, 2020 ___________ Introduced by Sens. MYRIE, CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged and said bill committed to the Committee on Rules -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15910-10-0S. 8130--D 2 1 federal voter may request a special federal ballot or voter registration 2 application or an absentee ballot application in a letter as provided in 3 paragraph d of subdivision one of section 11-202 of this chapter. The 4 board of elections shall enclose with such ballot a form of application 5 for absentee ballot if the applicant is registered with such board of 6 elections. 7 § 2. Subdivision 1 of section 8-412 of the election law, as amended by 8 chapter 155 of the laws of 1994, is amended to read as follows: 9 1. The board of elections shall cause all absentee ballots received by 10 it before the close of the polls on election day and all ballots 11 contained in envelopes showing a cancellation mark of the United States 12 postal service or a foreign country's postal service, or showing a dated 13 endorsement of receipt by another agency of the United States govern- 14 ment, with a date which is ascertained to be not later than the day 15 [before] of the election and received by such board of elections not 16 later than seven days following the day of election to be cast and 17 counted [except that the absentee ballot of a voter who requested such18ballot by letter, rather than application, shall not be counted unless a19valid application form, signed by such voter, is received by the board20of elections with such ballot]. 21 § 3. Subparagraph (iii) of paragraph (b) of subdivision 2 of section 22 9-209 of the election law, as amended by chapter 104 of the laws of 23 2010, is amended to read as follows: 24 (iii) If such a federal write-in absentee ballot is received after 25 election day, the envelope in which it is received must contain: (A) a 26 cancellation mark of the United States postal service or a foreign coun- 27 try's postal service; (B) a dated endorsement of receipt by another 28 agency of the United States government; or (C) if cast by a military 29 voter, the signature and date of the voter and one witness thereto with 30 a date which is ascertained to be not later than the day [before] of the 31 election [day]. 32 § 4. Subdivision 1 of section 10-114 of the election law, as amended 33 by chapter 165 of the laws of 2009, is amended to read as follows: 34 1. The board of elections shall cause all military ballots received by 35 it before the close of the polls on election day and all ballots 36 contained in envelopes showing a cancellation mark of the United States 37 postal service or a foreign country's postal service, or showing a dated 38 endorsement of receipt by another agency of the United States government 39 or are signed and dated by the voter and one witness thereto, with a 40 date which is ascertained to be not later than the day [before] of the 41 election and received by such board of elections not later than seven 42 days following the day of a primary election and not later than thirteen 43 days following the day of a general or special election to be cast and 44 counted. 45 § 5. Subdivision 1 of section 11-110 of the election law, as amended 46 by chapter 99 of the laws of 1989, is amended to read as follows: 47 1. To be counted, any ballot cast under the provisions of this article 48 must be received by the appropriate board of elections not later than 49 the close of the polls on election day except that all ballots contained 50 in envelopes showing a cancellation mark of the United States postal 51 service, or a foreign country's postal service with a date which is 52 ascertained to be not later than the day [before] of the election, shall 53 be cast and counted if received by the board of elections not later than 54 seven days following the day of election. 55 § 6. Section 11-212 of the election law, as amended by chapter 163 of 56 the laws of 2010, is amended to read as follows:S. 8130--D 3 1 § 11-212. Special federal ballots; deadline for receipt. All special 2 federal ballots received by the board of elections before the close of 3 the polls on election day shall be retained by the board of elections 4 and cast and canvassed pursuant to section 9-209 of this chapter. All 5 ballots contained in envelopes showing a cancellation mark of the United 6 States postal service or a foreign country's postal service, or showing 7 a dated endorsement of receipt by another agency of the United States 8 government, with a date which is ascertained to be not later than the 9 day [before] of the election, shall be cast and counted if received by 10 the board of elections not later than seven days following the day of a 11 primary election or thirteen days following the day of a general or 12 special election [except that the special federal ballot of a voter who13requested such ballot by letter, rather than application, shall not be14counted unless a valid application form, signed by such voter, is15received by the board of elections with such ballot]. All ballots 16 received by the board of elections and all federal write-in ballots 17 received from special federal voters not later than seven days following 18 the day of a primary election or thirteen days following the day of a 19 general or special election, shall be retained at the board and shall be 20 cast and canvassed in the same manner as other ballots retained by such 21 board. 22 § 7. This act shall take effect immediately; provided however, that 23 section one of this act shall take effect one week after the date of the 24 2020 New York primary election, currently scheduled for June 23, 2020; 25 provided further, this act shall expire and be deemed repealed December 26 31, 2020.