Bill Text: NY A03796 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires county boards to create systems for processing electronic requests for absentee ballots.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to election law [A03796 Detail]

Download: New_York-2013-A03796-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3796
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       Introduced  by  M.  of  A.  KAVANAGH,  STEVENSON, QUART -- read once and
         referred to the Committee on Election Law
       AN ACT to amend the election law, in relation to requiring county boards
         to create systems for  processing  electronic  requests  for  absentee
         ballots
         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 requests such
    6  an absentee ballot from such board of elections in [writing in a letter,
    7  telefax indicating the address, phone number and the telefax number from
    8  which the writing is sent or other written instrument] A  COMMUNICATION,
    9  which  is signed AND CERTIFIED by the voter and received by the board of
   10  elections not earlier than the thirtieth day nor later than the  seventh
   11  day  before  the  election  for  which the ballot is first requested and
   12  which states the address where the voter is registered and  the  address
   13  to which the ballot is to be mailed; provided, however, a military voter
   14  may  request  a  military ballot or voter registration application or an
   15  absentee ballot application in a letter as provided in subdivision three
   16  of section 10-106 of this  chapter;  and  provided  further,  a  special
   17  federal voter may request a special federal ballot or voter registration
   18  application or an absentee ballot application in a letter as provided in
   19  paragraph  d  of  subdivision one of section 11-202 of this chapter. The
   20  board of elections shall enclose with such ballot a form of  application
   21  for  absentee  ballot  if the applicant is registered with such board of
   22  elections.
   23    S 2. Section 8-400 of the election law is  amended  by  adding  a  new
   24  subdivision 11 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03139-01-3
       A. 3796                             2
    1    11.  (A)  THE BOARD OF ELECTIONS OF EACH COUNTY SHALL ENACT PROCEDURES
    2  AND REGULATIONS TO ENABLE VOTERS  TO  REQUEST  AND  APPLY  FOR  ABSENTEE
    3  BALLOTS  BY  MEANS OF A FORM SUBMITTED OVER A SECURE INTERNET CONNECTION
    4  THROUGH THE WEBSITE OF THE BOARD AND/OR THE COUNTY.
    5    (B)  ANY  ELECTRONIC  REQUEST FOR AN ABSENTEE BALLOT SUBMITTED THROUGH
    6  SUCH A WEBSITE SHALL BE DEEMED  TO  CONSTITUTE  AN  APPLICATION  FOR  AN
    7  ABSENTEE  BALLOT  WITHIN  THE MEANING OF THIS SECTION, PROVIDED THAT THE
    8  ELECTRONIC FORM:
    9    (I) REQUESTS THE VOTER TO SUPPLY THAT INFORMATION REQUIRED BY SUBDIVI-
   10  SION THREE OF THIS SECTION;
   11    (II) CONTAINS THE  LANGUAGE  REQUIRED  BY  SUBDIVISION  FIVE  OF  THIS
   12  SECTION;
   13    (III)  PROMPTS  THE  VOTER,  UPON  COMPLETION, TO SUBMIT AN ELECTRONIC
   14  SIGNATURE SUFFICIENT TO REASONABLY GUARANTEE THE VOTER'S IDENTITY;
   15    (IV) INFORMS THE VOTER THAT SUCH SIGNATURE HAS THE SAME  LEGAL  EFFECT
   16  AS A SIGNATURE EXECUTED BY HAND; AND
   17    (V)  DOES  NOT  PERMIT  THE  SUBMISSION  OF A FORM SO INCOMPLETE AS TO
   18  RENDER THE BOARD UNABLE TO PROCESS IT THROUGH ITS NORMAL PROCEDURES.
   19    (C) IN THE CASE OF SUCH ELECTRONIC REQUESTS, THE  BOARD  OF  ELECTIONS
   20  SHALL  PROVIDE  TIMELY  NOTIFICATION TO THE VOTER OF ANY DEFECT IN THEIR
   21  ELECTRONIC APPLICATION. SUCH NOTIFICATION MAY BE SENT TO  THE  VOTER  BY
   22  ELECTRONIC MAIL.
   23    (D) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO ALTER THE INFORMA-
   24  TION  REQUIRED ON AN ABSENTEE BALLOT APPLICATION, OR THE QUALIFICATIONS,
   25  STATUTORY OR CONSTITUTIONAL, REQUIRED TO VOTE BY ABSENTEE BALLOT.
   26    S 3. Severability. If any provision of this  act  or  the  application
   27  thereof  shall  for  any  reason  be  adjudged by any court of competent
   28  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
   29  invalidate the remainder of this act, but shall be confined in its oper-
   30  ation  to  the provision thereof directly involved in the controversy in
   31  which such judgment shall have been rendered.
   32    S 4. This act shall take effect on the one hundred eightieth day after
   33  it shall have become a law.