Bill Text: NY A04186 | 2021-2022 | General Assembly | Amended


Bill Title: Provides an online absentee ballot tracking system to allow a voter who has submitted an application for an absentee ballot to track the status of an absentee application and an absentee ballot on the state board or local board website.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2021-12-22 - approval memo.95 [A04186 Detail]

Download: New_York-2021-A04186-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4186--B
                                                                Cal. No. 253

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced  by  M. of A. DINOWITZ, SIMON, THIELE, GALEF, JACOBSON, OTIS,
          BARNWELL -- read once and referred to the Committee on Election Law --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported and referred to the Commit-
          tee on Ways and Means -- reported from committee, advanced to a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading

        AN ACT to amend the election law, in relation  to  providing  an  online
          absentee ballot tracking 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  8-414
     2  to read as follows:
     3    § 8-414. Online absentee ballot tracking system. 1. The state board of
     4  elections  shall  establish  and  maintain an electronic absentee ballot
     5  tracking system. In accordance with technical specifications provided by
     6  the state board of elections, each local board of elections shall  main-
     7  tain  an  absentee  ballot  tracking  system  integrated  with the state
     8  board's system, and which may  be  integrated  with  the  United  States
     9  postal  service  tracking  system, to allow a voter who has submitted an
    10  application for an absentee ballot to track the status  of  an  absentee
    11  application  and  an  absentee  ballot on the state board or local board
    12  website.
    13    2. Such website shall not require users to create an account but shall
    14  require verification that the user is accessing his or  her  own  record
    15  through  the  inclusion  of  data identifying the voter and the board of
    16  elections at which the voter is registered, and  any  other  information
    17  required by the state board of elections.
    18    3.  The  ballot  tracking  system  shall  indicate to the voter if the
    19  board:
    20    (a) received such voter's application for an absentee ballot;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05765-05-1

        A. 4186--B                          2

     1    (b) approved or rejected such application and, if rejected,  an  indi-
     2  cation of the reason for such rejection;
     3    (c)  mailed or delivered an absentee ballot to such voter, the date of
     4  such mailing or delivery, and the expected date of receipt;
     5    (d) received the ballot back as undeliverable;
     6    (e) received such voter's completed absentee ballot;
     7    (f) determined the ballot envelope was subject to a cure; and
     8    (g) counted or rejected such voter's completed absentee ballot and, if
     9  rejected, a brief statement of the reason for rejection.
    10    § 2.  Nothing in section one of this act shall prevent a county  board
    11  of  elections  or  the  board  of elections of the city of New York from
    12  establishing a ballot tracking system prior to  the  effective  date  of
    13  this  act,  provided,  however,  upon the establishment of the statewide
    14  system required by section one of this act, all  local  ballot  tracking
    15  systems  shall  comply  with  section one of this act and be fully inte-
    16  grated with the statewide system. Full integration  with  the  statewide
    17  system may be accomplished by boards of elections using their own ballot
    18  tracking  system  by  providing data to the state board of elections, in
    19  the form and at intervals prescribed by the state  board  of  elections,
    20  provided  that voters can access their tracking information in a secure,
    21  user-friendly format approved by the state board of elections.
    22    § 3. This act shall take effect January 1, 2022. Effective  immediate-
    23  ly,  the  state board of elections shall be authorized to promulgate any
    24  rules or regulations required to carry out the provisions  of  this  act
    25  prior to such effective date.
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