Bill Text: NY S02892 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to an electronically submitted absentee ballot application and absentee ballot.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S02892 Detail]
Download: New_York-2023-S02892-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2892 2023-2024 Regular Sessions IN SENATE January 25, 2023 ___________ Introduced by Sens. MYRIE, HOYLMAN-SIGAL -- 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 authorizing electronic absentee ballot applications and absentee ballot submissions 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 separately amended by chapters 273 and 746 of the laws 3 of 2021, is amended to read as follows: 4 (c) All applications requesting an absentee ballot be delivered to the 5 voter or an agent by mail or through the electronic absentee ballot 6 application transmittal system must be received by the board of 7 elections not later than the fifteenth day before the election for which 8 a ballot is first requested. Applications for an absentee ballot that 9 will be delivered in person at the board of elections to the voter or to 10 an agent of the voter must be received by such board not later than the 11 day before such election. In addition to postal or personal delivery of 12 the application to the board of elections, the board of elections shall 13 accept delivery of absentee ballot applications from persons residing in 14 a country other than the United States while maintaining eligibility to 15 vote in elections in New York: (i) by telephone facsimile transmission 16 to a phone number which shall be designated by the board of elections; 17 (ii) as an attachment to an electronic mail transmission sent to an 18 electronic mail address which shall be designated by the board of 19 elections; and (iii) through an online electronic absentee ballot appli- 20 cation filing system which shall be established by the state board of 21 elections and which shall transmit each application to the appropriate 22 board of elections for processing. The website for each board of 23 elections shall advertise the email address and telephone facsimile 24 number required by this section and shall provide a link to the online EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00813-01-3S. 2892 2 1 electronic filing system established pursuant to this section. An appli- 2 cation delivered to the board of elections by electronic means shall be 3 an original application without necessity for a subsequent conforming 4 paper submission and shall be deemed filed when received by the board of 5 elections, except if received by electronic means after business hours 6 or extended hours as designated by this chapter, such application shall 7 be deemed received as of the next day on which the board is open to 8 receive absentee ballot applications. Nothing in this section shall be 9 construed to prevent the application of the electronic signature 10 provisions of the state technology law with respect to applications for 11 an absentee ballot. 12 § 2. Section 8-410 of the election law, as amended by chapter 228 of 13 the laws of 2022, is amended to read as follows: 14 § 8-410. Absentee voting; method of. 1. Marking of the ballot. The 15 absentee voter shall mark an absentee ballot as provided for paper 16 ballots or ballots prepared for counting by ballot counting machines. He 17 or she shall make no mark or writing whatsoever upon the ballot, except 18 as above prescribed, and shall see that it bears no such mark or writ- 19 ing. He or she shall make no mark or writing whatsoever on the outside 20 of the ballot. In cases where the express intent of the voter is unam- 21 biguous, any stray marks or writing shall not be a basis for voiding a 22 ballot. 23 2. Submission of the ballot; by mail. After marking the ballot or 24 ballots he or she shall fold each such ballot and enclose them in the 25 envelope and seal the envelope. He or she shall then take and subscribe 26 the oath on the envelope, with blanks properly filled in. The envelope, 27 containing the ballot or ballots, shall then be mailed or delivered to 28 the board of elections of the county or city of his or her residence. 29 3. Submission of the ballot; by electronic mail. He or she shall then 30 take and subscribe the oath in the email, with blanks properly filled 31 in. He or she shall then return the ballot or ballots via electronic 32 mail to the state board of elections using the electronic absentee 33 ballot transmittal system. 34 § 3. Section 11-203 of the election law, as added by chapter 104 of 35 the laws of 2010, is amended to read as follows: 36 § 11-203. Special federal voters; designation of means of transmission 37 by special federal voters. [1.] A special federal voter may designate a 38 preference to receive a voter registration application, a special feder- 39 al ballot application or a special federal ballot by mail, facsimile 40 transmission or electronic mail. Such designation shall remain in effect 41 until revoked or changed by the special federal voter. If a special 42 federal voter does not designate a preference, the board of elections 43 shall transmit the voter registration application, special federal 44 ballot application or special federal ballot by mail. If a special 45 federal voter designates a preference for facsimile transmission or 46 electronic mail but does not provide the necessary facsimile number or 47 e-mail address, the board of elections shall transmit the voter regis- 48 tration application, special federal ballot application or special 49 federal ballot by mail and request the omitted information. All communi- 50 cations to the special federal voter shall include the mailing address 51 of the board of elections. 52 [2. Irrespective of the preferred method of transmission designated by53a special federal voter, a special federal voter's original completed54voter registration application, special federal ballot application and55special federal ballot must be returned by mail or in person notwith-S. 2892 3 1standing that a prior copy was sent to the board of elections by facsim-2ile transmission or electronic mail.] 3 § 4. This act shall take effect on the first of January next succeed- 4 ing the date on which it shall have become a law.