Bill Text: NY S06008 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to voting rights expansion, voter registration on election day, expansion of the use of and requirements for absentee voting, creation of a real-time state wide voter registration database, special ballots for election employees, and voter affidavits.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S06008 Detail]
Download: New_York-2023-S06008-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6008 2023-2024 Regular Sessions IN SENATE March 27, 2023 ___________ Introduced by Sens. PARKER, SEPULVEDA -- 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 voting rights expan- sion, voter registration on election day, expansion of the use of and requirements for absentee voting, creation of a real-time state wide voter registration database, special ballots for election employees, voter affidavits; and to repeal certain provisions of such law relat- ing thereto 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 two new sections 2 5-217 and 5-217-a to read as follows: 3 § 5-217. Registering at the polling place; election day registration. 4 1. The provisions of this section and section 5-217-a of this title 5 shall be used as an additional procedure for voter registration. For 6 the purposes of this section and section 5-217-a of this title, the term 7 "election day" shall refer to state primary and to state general 8 elections, to all town, city, school district, and village district 9 elections, and to all elections where persons may vote by absentee 10 ballot. A person registering to vote on election day shall do so in 11 accordance with the provisions of this section and all other applicable 12 laws including, but not limited to completion of a voter registration 13 form as provided for in section 5-210 of this title. The provisions of 14 this section and those of 5-217-a of this title shall apply notwith- 15 standing any provisions of law to the contrary. 16 2. Any person whose name is not on the checklist but who is otherwise 17 a qualified voter shall be entitled to vote by requesting to be regis- 18 tered to vote at the polling place on election day. The voter may then 19 vote in such election. The applicant shall be required to produce appro- 20 priate proof of qualifications as provided in this chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07547-01-3S. 6008 2 1 3. Any person who is waiting to register to vote at the polling place 2 on election day at the time scheduled for the closing of the polls shall 3 be allowed to vote if determined to be qualified to register. 4 § 5-217-a. Effect of registration on election day. Any person who 5 registers to vote on election day according to the provisions of section 6 5-217 of this title shall be registered to vote at all subsequent town, 7 state, and federal elections. 8 § 2. Section 8-400 of the election law is REPEALED and a new section 9 8-400 is added to read as follows: 10 § 8-400. Absentee voting. 1. A qualified voter may vote as an absentee 11 voter under this chapter if, on the occurrence of any village election 12 conducted by the board of elections, primary election, special election, 13 general election or New York city community school board district or 14 city of Buffalo school district election, if he or she elects to do 15 such. Any reference to "board of elections" in the remaining provisions 16 of this section means only the board of elections of the county or city 17 in which the absentee voter is a qualified voter. 18 2. The board of elections for all counties or cities shall mail an 19 absentee ballot to every registered and qualified voter residing in such 20 county or city. Such absentee ballot shall be mailed to every registered 21 and qualified voter at the address given on his or her registration 22 records no later than thirty days before the scheduled election is to be 23 held. 24 3. In the case of a primary election, the board shall deliver only the 25 ballot of the party in which the records of the board of elections show 26 the absentee voter to be enrolled. In the event a primary election is 27 uncontested in the absentee voters election district for all offices or 28 positions except the party position of member of the ward, town, city or 29 county committee, no ballot shall be delivered to such absentee voter 30 for such election; and the absentee voter shall be advised why he or she 31 is not being sent a ballot. 32 4. If a person voting by absentee ballot is unable to sign his or her 33 signature because of illness, physical disability or inability to read, 34 he or she shall be excused from signing upon making a statement, in 35 substantially the following form, which shall be witnessed by one 36 person: 37 "I hereby state that I am unable to sign my absentee ballot without 38 assistance because I am unable to write by reason of my illness or phys- 39 ical disability or because I am unable to read. I have made, or have 40 received assistance in making, my mark in lieu of my signature." 41 (Date).................. 42 ..................(Mark) 43 (Name of Voter) 44 "I, the undersigned, hereby certify that the above named voter affixed 45 his or her mark to this application in my presence and I know him or her 46 to be the person who affixed his or her mark to said application and 47 understand that this statement will be accepted for all purposes as the 48 equivalent of an affidavit and if it contains a material false state- 49 ment, shall subject me to the same penalties as if I had been duly 50 sworn." 51 .................... 52 (Signature of Witness)S. 6008 3 1 .................... 2 (Address of Witness) 3 Such statement shall be included in the absentee ballot furnished by 4 the board of elections. The provisions of this subdivision shall also 5 apply to any application for an absentee ballot pursuant to section 6 8-402 of this title. 7 5. The board shall keep a record of all absentee ballots that are 8 mailed, showing the names and residences of the absentee voters, and 9 their party enrollment in the case of primary elections, and, as soon as 10 practicable shall, when requested, give to the chairman of each poli- 11 tical party or independent body in the county, and shall make available 12 for inspection to any other qualified voter upon request, a complete 13 list of all absentee voters to whom ballots have been delivered or 14 mailed, containing their names and places of residence as they appear on 15 the registration record, including the election district and ward, if 16 any, and in the city of New York and the county of Nassau, the assembly 17 district, and their party enrollment in the case of primary elections. 18 § 3. Section 8-402 of the election law is REPEALED and a new section 19 8-402 is added to read as follows: 20 § 8-402. Applications for absentee ballots. 1. Any voter, upon appli- 21 cation, may request that their absentee ballot be mailed to them at an 22 address other than their permanent address, if he or she expects to be 23 absent from the county or city of residence and unable to obtain their 24 absentee ballot. 25 (a) Application forms shall be furnished by and may be obtained from 26 any board of elections at any time until the day before such election. 27 Application forms shall also be supplied by the board of inspectors of 28 the election district in which applicant is a qualified voter on all of 29 the days provided for local registration. In addition, application forms 30 shall be supplied upon the request of the person authorized to vote 31 pursuant to this section, any such person's spouse, parent or child, a 32 person residing with the applicant as a member of his household, or the 33 applicant's duly authorized agent. Application forms sent outside of the 34 United States to a country other than Canada or Mexico, shall be sent 35 air mail. 36 (b) The application for an absentee ballot when filed must contain in 37 each instance the following information: 38 (i) Applicant's full name, date of birth, and residence address, 39 including the street and number, if any, rural delivery route, if any, 40 mailing address if different from the residence address and his or her 41 town or city and an address to which the ballot shall be mailed. 42 (ii) A statement that the applicant is a qualified and registered 43 voter. 44 (iii) A statement that the applicant expects in good faith to be 45 absent from the county or city of his or her residence provided, howev- 46 er, if the applicant expects to be absent from such county or city for a 47 duration covering more than one election and seeks an absentee ballot 48 for each election, he or she shall state the dates when he or she 49 expects to begin and end such absence. 50 2. The application for an absentee ballot shall contain the following 51 language printed in bold face directly above the signature line: "I 52 CERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND 53 UNDERSTAND THAT THIS APPLICATION WILL BE ACCEPTED FOR ALL PURPOSES AS 54 THE EQUIVALENT OF AN AFFIDAVIT AND, IF IT CONTAINS A MATERIAL FALSE 55 STATEMENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULYS. 6008 4 1 SWORN." Such application shall be accepted for all proposes as the 2 equivalent of an affidavit and if it contains a material false statement 3 shall subject the person signing it to the same penalties as if he or 4 she had been duly sworn. 5 3. For purposes of this section, the use of titles, initials or 6 customary abbreviations of given names by the signers of, or witnesses 7 to, an absentee ballot request letter, an absentee ballot application 8 form or an absentee ballot envelope, or the use of customary abbrevi- 9 ations of addresses of such signers or witnesses, shall not invalidate 10 such voter's signature or witness's signature on an application for an 11 absentee ballot or upon canvass or recanvass of the ballot pursuant to 12 this chapter. 13 4. Printed forms of applications for absentee ballots in accordance 14 with the requirements of this section shall be provided by the board of 15 elections. An appropriate number shall be retained by the board of 16 elections for the purpose of furnishing an application form to each 17 qualified voter who applies therefor before the board of elections, 18 either in person or by mail, and an appropriate number shall be deliv- 19 ered to each board of inspectors on registration days with the election 20 supplies, and the board of inspectors shall retain the completed and 21 unused applications and return them to the board of elections with their 22 election supplies and an appropriate number shall be available for 23 distribution to officers of political parties, county clerks, city, town 24 and village clerks, colleges, libraries, hospitals, nursing homes, 25 senior citizens centers and any other convenient distribution source 26 which is approved by the local or state board of elections and which 27 requests such forms. 28 5. The state board of elections shall prescribe a standard application 29 form for use under this section. The use of any application form which 30 substantially complies with the provisions of this section shall be 31 acceptable and any application filed on such a form shall be accepted 32 for filing. 33 6. If the board shall find that the applicant is a qualified voter of 34 the election district containing his or her residence as stated in his 35 or her statement and that his or her statement is sufficient, it shall, 36 as soon as practicable after it shall have determined his or her right 37 thereto, mail to him or her at an address designated by him or her, or 38 deliver to him or her, or to any person designated for such purpose in 39 writing by him or her, at the office of the board, such an absentee 40 voter's ballot or set of ballots and an envelope therefor. If the ballot 41 or ballots are to be sent outside of the United States to a country 42 other than Canada or Mexico, such ballot or ballots shall be sent by air 43 mail. However, if an applicant who is eligible for an absentee ballot is 44 a resident of a facility operated or licensed by, or under the jurisdic- 45 tion of, the department of mental hygiene, or a resident of a facility 46 defined as a nursing home or residential health care facility pursuant 47 to subdivisions two and three of section twenty-eight hundred one of the 48 public health law, or a resident of a hospital or other facility oper- 49 ated by the Veteran's Administration of the United States, such absentee 50 ballot need not be so mailed or delivered to any such applicant but, may 51 be delivered to the voter in the manner prescribed by section 8-407 of 52 this title if such facility is located in the county or city in which 53 such voter is eligible to vote. 54 § 4. Section 8-404 of the election law, subdivision 1 as amended by 55 chapter 375 of the laws of 2015, is amended to read as follows:S. 6008 5 1 § 8-404. Absentee voting; hospitalized veterans, special provisions. 2 1. After entering upon the registration records, the application for 3 registration of a resident or patient of a veterans health adminis- 4 tration hospital as to whom the medical superintendent or medical head 5 of such hospital has attested that he or she expects that [he or she] 6 such veteran will not be discharged prior to the day following the next 7 general or special village, primary, special, general or New York city 8 community school board district or city of Buffalo school district 9 election, and the application for registration by the spouse, parent or 10 child of such resident or patient, accompanying or being with him or 11 her, if a qualified voter and a resident of the same election district, 12 the board of elections, without further investigation and without 13 further application by the applicant, shall send to him or her at such 14 hospital an absentee ballot and shall record in the signature column on 15 the back of his or her permanent personal registration poll record that 16 such ballot has been sent. 17 (a) Any voter who is duly registered and whose registration records 18 are marked "Hospitalized Veteran" or "Hospitalized Veteran's Relative" 19 need not thereafter make application for an absentee ballot. Sixty days 20 before each election, the board of elections shall compile and send a 21 list to each veterans health administration hospital of all residents 22 and patients of veterans health administration hospitals who appear by 23 the records of such board to be "hospitalized veterans" entitled to 24 receive absentee ballots at each such hospital pursuant to the 25 provisions of this section. Each veterans health administration hospital 26 shall no later than fifteen days following the receipt of such list, 27 return it with notations made thereon showing whether the resident or 28 patient continues to be confined therein or has been discharged there- 29 from. Upon the receipt of such returned list from each veterans health 30 administration hospital with the proper notations showing that a "hospi- 31 talized veteran" continues to be confined in such hospital, the board of 32 elections, by mail addressed to such "hospitalized veteran" at his or 33 her last known hospital address and by mail addressed to such "hospital- 34 ized veteran's relative" at his or her last known address shall send an 35 absentee ballot for the ensuing election to such "hospitalized veteran" 36 and such "hospitalized veteran's relative" [an absentee ballot in the37same manner as provided in this section for a qualified voter entitled38to an absentee ballot because of permanent disability]. The board shall 39 record on the back of his or her registration poll record in the space 40 reserved for his or her signature at such election, the fact that such 41 ballot has been sent. 42 (b) If the returned list from a veterans' administration hospital 43 contains a notation showing that a "hospitalized veteran" is no longer a 44 resident or patient at the veterans health administration hospital where 45 he or she is recorded as staying, or if such letter containing an absen- 46 tee voter's ballot for a "hospitalized veteran" or a "hospitalized 47 veteran's relative" is returned by the post office as undeliverable, the 48 board of elections shall ascertain whether the "hospitalized veteran" or 49 "hospitalized veteran's relative" is residing at the address given on 50 his or her registration records as his or her permanent address. If he 51 or she is residing there, the board shall [not] send him or her [any52further absentee ballots unless he or she applies therefor in the regu-53lar way] an absentee ballot at such address. If he or she is not resid- 54 ing at the place of residence given on his or her registration records 55 but the board ascertains that he or she has been transferred to another 56 veterans health administration hospital, the board shall cause a centralS. 6008 6 1 board of registration to make the necessary changes of temporary address 2 on his or her registration records and shall continue sending him or her 3 absentee ballots at the veterans health administration hospital where he 4 or she is staying. If he or she is not residing at the place of resi- 5 dence given on his or her registration records and the board cannot 6 ascertain that he or she has been transferred to another veterans health 7 administration hospital, the board shall cancel his or her registration. 8 Whenever a registration is cancelled pursuant to this paragraph notice 9 shall be mailed to the veteran or his or her relative at his or her 10 permanent residence address and last temporary address. 11 2. The board of elections shall furnish to each party county chairman 12 in such county a list of the names and residence addresses of the hospi- 13 talized veterans and hospitalized veterans' relatives to whom absentee 14 ballots have been sent. 15 3. Such ballots shall be mailed, voted, returned, counted, and 16 canvassed as provided in this chapter for other absentee voters' 17 ballots. 18 § 5. Section 8-406 of the election law, as amended by section 2 of 19 part HH of chapter 55 of the laws of 2022, is amended to read as 20 follows: 21 § 8-406. Absentee ballots, delivery of. 1. [If the] The board shall 22 [find that the applicant is a qualified voter of the election district23containing his residence as stated in his statement and that his state-24ment is sufficient, it shall, as soon as practicable after it shall have25determined his right thereto,] mail to [him] all voters an absentee 26 ballot and an envelope at [an] the permanent address designated [by him,27or deliver to him, or to any person designated for such purpose in writ-28ing by him, at the office of the board, such an absentee voter's ballot29or set of ballots and an envelope therefor] on such voter's registration 30 records. If the ballot or ballots are to be sent outside of the United 31 States to a country other than Canada or Mexico, such ballot or ballots 32 shall be sent by air mail. However, if [an applicant who is eligible33for an absentee ballot] a voter is a resident of a facility operated or 34 licensed by, or under the jurisdiction of, the department of mental 35 hygiene, or a resident of a facility defined as a nursing home or resi- 36 dential health care facility pursuant to subdivisions two and three of 37 section [two thousand eight] twenty-eight hundred one of the public 38 health law, or a resident of a hospital or other facility operated by 39 the Veteran's Administration of the United States, such absentee ballot 40 need not be so mailed or delivered to any such applicant but, may be 41 delivered to the voter in the manner prescribed by section 8-407 of this 42 [chapter] title if such facility is located in the county or city in 43 which such voter is eligible to vote. 44 2. When mailing an absentee ballot to a voter the board of elections 45 shall provide a domestic postage paid return envelope. When providing an 46 absentee ballot to a voter in-person, the board of elections shall offer 47 the voter a domestic postage paid return envelope and provide one if 48 requested. 49 § 6. Section 8-407 of the election law, as added by chapter 296 of the 50 laws of 1988, subdivisions 1, 3 and 15 as amended by chapter 195 of the 51 laws of 2001 and subdivision 6 as amended by chapter 326 of the laws of 52 1989, is amended to read as follows: 53 § 8-407. Voting by residents of nursing homes, residential health care 54 facilities, facilities operated or licensed, or under the jurisdiction 55 of, the department of mental hygiene or hospitals or facilities operated 56 by the Veteran's Administration of the United States. 1. The board ofS. 6008 7 1 elections of a county or city in which there is located at least one 2 facility operated or licensed, or under the jurisdiction of, the depart- 3 ment of mental hygiene, or a facility defined as a nursing home or resi- 4 dential health care facility pursuant to subdivisions two and three of 5 section [two thousand eight] twenty-eight hundred one of the public 6 health law or an adult care facility subject to the provisions of title 7 two of article seven of the social services law, or a hospital or other 8 facility operated by the Veteran's Administration of the United States 9 shall provide [that] residents of each such facility [for which such10board has received twenty-five or more applications for] absentee 11 ballots [from voters who are eligible to vote by absentee ballot in such12city or county at such election, may vote by absentee ballot only] in 13 the manner provided for in this section. [Such board may, in its14discretion, provide that the procedure described in this subdivision15shall be applicable to all such facilities in such county or city with-16out regard to the number of absentee ballot applications received from17the residents of any such facility.] 18 2. Such a board of elections shall appoint, in the same manner as 19 other inspectors, one or more bi-partisan boards of inspectors, each 20 composed of two such inspectors. Such inspectors may be regular employ- 21 ees of such board of elections. 22 3. Not earlier than thirteen days before or later than the day before 23 such an election such a board of inspectors shall, between the hours of 24 nine o'clock in the morning and five o'clock in the evening, attend at 25 each such facility for the residents [of which the board of elections26has custody of twenty-five or more absentee ballots or, if the board of27elections has so provided, each such facility for which the board has28custody of one or more such absentee ballots, pursuant to the provisions29of this chapter]. 30 4. Each such board of inspectors may attend at more than one facility, 31 provided, however, that no such board of inspectors shall be assigned to 32 attend at more facilities than it reasonably can be expected to complete 33 within the time specified by this section. 34 5. The board of elections shall deliver to each board of inspectors 35 all [the] absentee ballots [in the custody of such board of elections36which are addressed to] for residents of the facilities which such board 37 of inspectors is assigned to attend, together with one or more portable 38 voting booths of a type approved by the state board of elections and 39 such other supplies as such board of inspectors will require to 40 discharge its duties properly. 41 6. The board of elections, at least twenty days before each such 42 election, [or on the day after it shall have received the requisite43number of applications for absentee ballots from the residents of any44such facility, whichever is later,] shall communicate with the super- 45 intendent, administrator or director of each such facility to arrange 46 the day and time when the board of inspectors will attend at such facil- 47 ity. The board of elections shall keep a list of the day and time at 48 which the board of inspectors will attend at each such facility as a 49 public record at its office. 50 7. It shall be the duty of each such superintendent, administrator or 51 director to assist the board of inspectors attending such facility in 52 the discharge of its duties, including, but not limited to making avail- 53 able to such board of inspectors space within such facility suitable for 54 the discharge of its duties. 55 8. The board of inspectors shall deliver [each absentee ballot56addressed to a resident of each such facility to such resident] absenteeS. 6008 8 1 ballots for residents to all facilities. If [such] any resident is phys- 2 ically disabled the inspectors shall, if necessary, deliver the ballot 3 to such voter at his or her bedside. 4 9. The board of inspectors shall arrange the portable voting booth or 5 booths provided and effect such safeguards as may be necessary to 6 provide secrecy for the votes cast by such residents. 7 10. If such a resident is unable to mark his or her ballot, he or she 8 may be assisted in marking such ballot by the two members of the board 9 of inspectors or such other person as he or she may select. If a voter 10 is unable to mark the ballot and unable to communicate how he or she 11 wishes such ballot marked, such ballot shall not be cast. No person who 12 assists a voter to mark his or her ballot pursuant to the provisions of 13 this section, shall disclose to any other person how any such ballot was 14 marked. 15 11. [Except as otherwise provided in this section, all ballots cast16pursuant to this section shall be cast in the manner provided by this17chapter for the casting of absentee ballots.1812.] After such ballots have been cast and sealed in the appropriate 19 envelopes, they shall be returned to such inspectors. 20 [13.] 12. Upon completion of its duties, the board of inspectors shall 21 forthwith return all such ballots to the board of elections. 22 [14.] 13. Any person, political committee or independent body entitled 23 to appoint watchers for the election district in which any such facility 24 is located [at the election for which such absentee ballots are cast,] 25 shall be entitled to appoint a watcher to attend such board of inspec- 26 tors at such facility. 27 [15.] 14. All ballots cast pursuant to the provisions of this section 28 which are received before the close of the polls on election day by the 29 board of elections charged with the duty of casting and canvassing such 30 ballots, may be delivered to the inspectors of election in the manner 31 prescribed by this chapter or retained at the board of elections and 32 cast and canvassed pursuant to the provisions of section 9-209 of this 33 chapter as such board shall, in its discretion, determine pursuant to 34 the provisions of subdivision one of this section. 35 § 7. Subdivision 1 of section 8-412 of the election law, as amended by 36 chapter 140 of the laws of 2020, is amended to read as follows: 37 1. The board of elections shall cause all absentee ballots received by 38 it before the close of the polls on election day and all ballots 39 contained in envelopes showing a cancellation mark of the United States 40 postal service or a foreign country's postal service, or showing a dated 41 endorsement of receipt by another agency of the United States govern- 42 ment, with a date which is ascertained to be not later than the day of 43 the election and received by such board of elections not later than 44 seven days following the day of election to be cast and counted [except45that the absentee ballot of a voter who requested such ballot by letter,46rather than application, shall not be counted unless a valid application47form, signed by such voter, is received by the board of elections with48such ballot]. For purposes of this section, any absentee ballot received 49 by the board of elections by mail that does not bear or display a dated 50 postmark shall be presumed to have been timely mailed or delivered if 51 such ballot bears a time stamp of the receiving board of elections indi- 52 cating receipt by such board on the day after the election. 53 § 8. The election law is amended by adding a new section 5-714 to read 54 as follows: 55 § 5-714. Computerized statewide voter registration list. 1. The New 56 York state board of elections shall, within one year of the effectiveS. 6008 9 1 date of this section implement, in a uniform and nondiscriminatory 2 manner, a single, uniform, official, centralized, interactive, computer- 3 ized statewide voter registration database system. Such database system 4 shall be defined, maintained, and administered at the state level and 5 shall contain the voter registration lists maintained by each county 6 board of elections. Further, such database system shall contain the name 7 and registration information of every legally registered voter in the 8 state and shall assign a unique identifier to each legally registered 9 voter. The single, uniform, official, centralized, interactive, comput- 10 erized statewide voter registration database system required by this 11 section shall be referred to as the "centralized statewide registration 12 system". 13 2. The centralized statewide registration system and the computerized 14 statewide voter registration list shall be fully compliant with all 15 applicable requirements specified in section 303 of the federal "Help 16 America Vote Act of 2002", Pub.L. 107-252, codified at 42 U.S.C. sec. 17 15301 et seq and shall meet all applicable privacy requirements under 18 this chapter. 19 3. Within two years of the effective date of this section each county 20 board of elections shall maintain voter registration information by 21 utilizing the centralized statewide registration system developed or 22 acquired by the state board of elections under subdivision one of this 23 section. Prior to the implementation of the computerized statewide voter 24 registration list required by subdivision one of this section, if the 25 county chooses to maintain voter registration information on its own 26 computer system, the information required by law to be transmitted to 27 the New York state board of elections shall be transmitted in a media 28 format acceptable to the New York state board of elections and within 29 the time prescribed by the New York state board of elections. 30 4. (a) The centralized statewide registration system shall enable the 31 state board of elections to maintain voter registration information and 32 shall include such additional capabilities as may be necessary or desir- 33 able to enable the county boards of elections and the state board of 34 elections to carry out their responsibilities related to the conduct of 35 elections. Such additional capabilities may include but need not be 36 limited to the preparation of ballots, the identification of voting 37 districts for each address, access by county boards of elections to the 38 master list of registered electors. 39 (b) Within two years of the effective date of this section the comput- 40 erized statewide voter registration list maintained pursuant to this 41 section shall allow for: 42 (i) the management of absentee ballots, the preparation of official 43 abstracts of votes cast, the transmission of voting data from county 44 boards of election to the state board of elections, and reporting of 45 voting results on election night; and 46 (ii) access to the digitized signatures of electors in the centralized 47 statewide registration system for the purpose of comparing an elector's 48 signature in the system with the signature on the return envelope of an 49 absentee ballot, including by using a signature verification. 50 5. (a) Subject to available appropriations, the state board of 51 elections is responsible for the cost of acquiring computer hardware and 52 providing necessary training for the centralized statewide registration 53 system. The state board of elections shall promulgate rules specifying 54 whether such hardware is owned by the state or the counties or whether 55 and to what extent ownership may be shared between the state and the 56 counties. If the state provides system hardware to any county, it mayS. 6008 10 1 transfer ownership of the hardware to that county. The state board of 2 elections may promulgate rules providing that the county shall be solely 3 responsible for the support and maintenance of the hardware provided to 4 the counties. 5 (b) Within four years of the effective date of this section the state 6 board of elections shall make the centralized statewide registration 7 system software available at no charge to each county board of 8 elections. 9 (c) As soon as practicable, the department of state shall make the 10 master list of registered electors available at no charge on the inter- 11 net to county boards of election. This section shall not be construed to 12 require the state to provide or pay for internet connection services for 13 any county. 14 § 9. Section 11-302 of the election law, as amended by chapter 257 of 15 the laws of 2019, is amended to read as follows: 16 § 11-302. Special ballots for board of election employees. A person 17 who is an employee of the board of elections or who has been appointed 18 to serve as an inspector of elections, poll clerk or election coordina- 19 tor at a polling place other than the one at which he or she is regis- 20 tered to vote, may deliver to the inspectors of election of the election 21 district in which he or she is registered, or to the board of elections, 22 at any time during the period in which an application for an absentee 23 ballot may be so delivered pursuant to the provisions of this chapter, a 24 written statement that he or she will be unable to appear at the polling 25 place for such election district on the day of an election because his 26 or her duties as an employee of such board or as an inspector, poll 27 clerk or election coordinator require him or her to be elsewhere. The 28 board of elections shall provide such voter a special ballot any time 29 prior to the close of the polls on election day, provided however that 30 the distribution of such ballots to such voters shall be timed to afford 31 such voters sufficient time to cast such ballots prior to the close of 32 the polls on election day. Absent affirmative proof of fraud such 33 ballots shall be presumed valid and cast. Such cast ballots may be 34 delivered to an office of such board of elections or to any board of 35 inspectors not later than the close of the polls on election day. Such 36 ballots shall be retained at the board of elections and cast and 37 canvassed pursuant to the provisions of section 9-209 of this chapter. 38 § 10. Subparagraph (ii) of paragraph (e) of subdivision 3 of section 39 8-302 of the election law, as amended by section 8 of part XX of chapter 40 55 of the laws of 2019, is amended to read as follows: 41 (ii) He or she may swear to and subscribe an affidavit stating that he 42 or she has duly registered to vote, the address in such election 43 district from which he or she registered, that he or she remains a duly 44 qualified voter in such election district, that his or her registration 45 poll record appears to be lost or misplaced or that his or her name 46 and/or his or her signature was omitted from the computer generated 47 registration list or such record indicates the voter already voted when 48 he or she did not do so or that he or she has moved within New York 49 state since he or she last registered, [the address from which he or she50was previously registered and] the address at which he or she currently 51 resides, and at a primary election, the party in which he or she is 52 enrolled. The inspectors of election shall offer such an affidavit to 53 each such voter whose residence address is in such election district. 54 Each such affidavit shall substantially comply with and be in a form 55 prescribed by the state board of elections, shall be printed on an 56 envelope of the size and quality used for an absentee ballot envelope,S. 6008 11 1 and shall contain an acknowledgment that the affiant understands that 2 any false statement made therein is perjury punishable according to law. 3 Such form prescribed by the state board of elections shall request 4 information required to register such voter should the county board 5 determine that such voter is not registered and shall constitute an 6 application to register to vote. The voter's name and the entries 7 required shall then be entered without delay and without further inquiry 8 in the fourth section of the challenge report or in the place provided 9 in the computer generated registration list, with the notation that the 10 voter has executed the affidavit hereinabove prescribed, or, if such 11 person's name appears in such registration list, the board of elections 12 may provide a place to make such entry next to his or her name in such 13 list. The voter shall then, without further inquiry, be permitted to 14 vote an affidavit ballot provided for by this chapter. Such ballot shall 15 thereupon be placed in the envelope containing his or her affidavit, and 16 the envelope sealed and returned to the board of elections in the manner 17 provided by this chapter for protested official ballots, including a 18 statement of the number of such ballots. 19 § 11. This act shall take effect immediately.
