Bill Text: NY A05895 | 2011-2012 | General Assembly | Introduced

---

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

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2012-01-04 - referred to election law [A05895 Detail]

Download: New_York-2011-A05895-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5895
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 2, 2011
                                      ___________
       Introduced  by  M.  of  A.  KAVANAGH,  CALHOUN,  P. RIVERA, STEVENSON --
         Multi-Sponsored by -- M. of A. PHEFFER -- 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00083-01-1
       A. 5895                             2
    1    S  2.  Section  8-400  of  the election law is amended by adding a new
    2  subdivision 11 to read as follows:
    3    11.  (A)  THE BOARD OF ELECTIONS OF EACH COUNTY SHALL ENACT PROCEDURES
    4  AND REGULATIONS TO ENABLE VOTERS  TO  REQUEST  AND  APPLY  FOR  ABSENTEE
    5  BALLOTS  BY  MEANS OF A FORM SUBMITTED OVER A SECURE INTERNET CONNECTION
    6  THROUGH THE WEBSITE OF THE BOARD AND/OR THE COUNTY.
    7    (B) ANY ELECTRONIC REQUEST FOR AN ABSENTEE  BALLOT  SUBMITTED  THROUGH
    8  SUCH  A  WEBSITE  SHALL  BE  DEEMED  TO CONSTITUTE AN APPLICATION FOR AN
    9  ABSENTEE BALLOT WITHIN THE MEANING OF THIS SECTION,  PROVIDED  THAT  THE
   10  ELECTRONIC FORM:
   11    (I) REQUESTS THE VOTER TO SUPPLY THAT INFORMATION REQUIRED BY SUBDIVI-
   12  SION THREE OF THIS SECTION;
   13    (II)  CONTAINS  THE  LANGUAGE  REQUIRED  BY  SUBDIVISION  FIVE OF THIS
   14  SECTION;
   15    (III) PROMPTS THE VOTER, UPON  COMPLETION,  TO  SUBMIT  AN  ELECTRONIC
   16  SIGNATURE SUFFICIENT TO REASONABLY GUARANTEE THE VOTER'S IDENTITY;
   17    (IV)  INFORMS  THE VOTER THAT SUCH SIGNATURE HAS THE SAME LEGAL EFFECT
   18  AS A SIGNATURE EXECUTED BY HAND; AND
   19    (V) DOES NOT PERMIT THE SUBMISSION OF  A  FORM  SO  INCOMPLETE  AS  TO
   20  RENDER THE BOARD UNABLE TO PROCESS IT THROUGH ITS NORMAL PROCEDURES.
   21    (C)  IN  THE  CASE OF SUCH ELECTRONIC REQUESTS, THE BOARD OF ELECTIONS
   22  SHALL PROVIDE TIMELY NOTIFICATION TO THE VOTER OF ANY  DEFECT  IN  THEIR
   23  ELECTRONIC  APPLICATION.  SUCH  NOTIFICATION MAY BE SENT TO THE VOTER BY
   24  ELECTRONIC MAIL.
   25    (D) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO ALTER THE INFORMA-
   26  TION REQUIRED ON AN ABSENTEE BALLOT APPLICATION, OR THE  QUALIFICATIONS,
   27  STATUTORY OR CONSTITUTIONAL, REQUIRED TO VOTE BY ABSENTEE BALLOT.
   28    S  3.  Severability.  If  any provision of this act or the application
   29  thereof shall for any reason be  adjudged  by  any  court  of  competent
   30  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
   31  invalidate the remainder of this act, but shall be confined in its oper-
   32  ation to the provision thereof directly involved in the  controversy  in
   33  which such judgment shall have been rendered.
   34    S 4. This act shall take effect on the one hundred eightieth day after
   35  it shall have become a law.