Bill Text: NY S05677 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to an electronically submitted absentee ballot application.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S05677 Detail]

Download: New_York-2023-S05677-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5677

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 13, 2023
                                       ___________

        Introduced  by  Sen. SANDERS -- 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

          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 by mail or  through
     5  the  electronic  absentee  ballot application transmittal system must be
     6  received by the board of elections not  later  than  the  fifteenth  day
     7  before  the election for which a ballot is first requested. Applications
     8  for an absentee ballot that will be delivered in person at the board  of
     9  elections  to  the voter or to an agent of the voter must be received by
    10  such board not later than the day before such election. In  addition  to
    11  postal  or  personal  delivery  of  the  application  to  the  board  of
    12  elections, the board of elections  shall  accept  delivery  of  absentee
    13  ballot  applications: (i) by telephone facsimile transmission to a phone
    14  number which shall be designated by the board of elections; (ii)  as  an
    15  attachment to an electronic mail transmission sent to an electronic mail
    16  address  which  shall be designated by the board of elections; and (iii)
    17  through an online electronic absentee ballot application  filing  system
    18  which  shall  be  established  by the state board of elections and which
    19  shall transmit each application to the appropriate  board  of  elections
    20  for  processing. The website for each board of elections shall advertise
    21  the email address  and  telephone  facsimile  number  required  by  this
    22  section  and shall provide a link to the online electronic filing system
    23  established pursuant to this section. An application  delivered  to  the
    24  board  of elections by electronic means shall be an original application
    25  without necessity for a subsequent conforming paper submission and shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09533-01-3
        S. 5677                             2

     1  be deemed filed when received by  the  board  of  elections,  except  if
     2  received  by  electronic means after business hours or extended hours as
     3  designated by this chapter, such application shall be deemed received as
     4  of  the  next  day on which the board is open to receive absentee ballot
     5  applications. Nothing in this section shall be construed to prevent  the
     6  application of the electronic signature provisions of the state technol-
     7  ogy law with respect to applications for an absentee ballot.
     8    §  2. Subdivision 2 of section 10-107 of the election law, as added by
     9  chapter 104 of the laws of 2010, is amended to read as follows:
    10    2. Irrespective of the preferred method of transmission designated  by
    11  a  military voter, a military voter's original completed voter registra-
    12  tion application[, military ballot application] and military ballot must
    13  be returned by mail or in person notwithstanding that a prior  copy  was
    14  sent  to  the board of elections by facsimile transmission or electronic
    15  mail. A completed military ballot  application  submitted  by  facsimile
    16  transmission  or  electronic mail or through an electronic filing system
    17  established by the state board of elections shall be an original  appli-
    18  cation and no conforming paper submission shall be required.
    19    §  3. Subdivision 2 of section 11-203 of the election law, as added by
    20  chapter 104 of the laws of 2010, is amended to read as follows:
    21    2. Irrespective of the preferred method of transmission designated  by
    22  a  special  federal  voter, a special federal voter's original completed
    23  voter registration application[, special federal ballot application] and
    24  special federal ballot must be returned by mail or  in  person  notwith-
    25  standing that a prior copy was sent to the board of elections by facsim-
    26  ile  transmission or electronic mail. A completed special federal ballot
    27  application submitted by facsimile transmission or  electronic  mail  or
    28  through  an  electronic  filing system established by the state board of
    29  elections shall be an  original  application  and  no  conforming  paper
    30  submission shall be required.
    31    §  4. This act shall take effect on the first of January next succeed-
    32  ing the date on which it shall have become a law.