Bill Text: NY S08226 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes electronic ballot applications and electronic return of certain ballots by telephone facsimile transmission and as an attachment to an electronic mail transmission; authorizes facsimile transmission or electronic mail return of a federal post card application form; includes state and local elections on the ballots of special federal voters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-04-27 - REFERRED TO ELECTIONS [S08226 Detail]
Download: New_York-2019-S08226-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8226 IN SENATE April 27, 2020 ___________ Introduced by Sen. JACKSON -- 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 applications and electronic return of certain ballots, authorizing facsimile transmission or electronic mail return of a federal post card application form, and including state and local elections on the ballots of special federal voters 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 amended by chapter 321 of the laws of 1988, is amended 3 to read as follows: 4 (c) All applications [must be] requesting that a ballot be delivered 5 to the voter or an agent by mail that are mailed to the board of 6 elections shall be mailed not later than the seventh day before the 7 election for which a ballot is first requested or, for applications 8 requesting in-person delivery of the ballot to the voter or an agent at 9 the board of elections, shall be delivered to such board not later than 10 the day before such election. In addition to postal or personal delivery 11 of the application to the board of elections, the board of elections 12 shall accept delivery of absentee ballot applications: (i) by telephone 13 facsimile transmission to a phone number which shall be designated by 14 the board of elections; and (ii) as an attachment to an electronic mail 15 transmission sent to an electronic mail address which shall be desig- 16 nated by the board of elections. The website for each board of elections 17 shall advertise the email address and telephone facsimile number 18 required by this section. An application delivered to the board of 19 elections by electronic means shall be an original application without 20 necessity for a subsequent conforming paper submission and shall be 21 deemed filed when received by the board of elections, except if received 22 by electronic means after business hours or extended hours as designated 23 by this chapter, such application shall be deemed received as of the 24 next day on which the board is open to receive absentee ballot applica- 25 tions. The board of elections shall maintain paper copies of all appli- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14941-04-0S. 8226 2 1 cations delivered by electronic means. Nothing in this section shall be 2 construed to prevent the application of the electronic signature 3 provisions of the state technology law with respect to applications for 4 an absentee ballot. 5 § 2. Section 8-406 of the election law, as amended by chapter 296 of 6 the laws of 1988, is amended to read as follows: 7 § 8-406. Absentee ballots, delivery of. If the board shall find that 8 the applicant is a qualified voter of the election district containing 9 his or her residence as stated in his or her statement and that [his] 10 such statement is sufficient, it shall, as soon as practicable after it 11 shall have determined [his] such applicant's right thereto, mail to 12 [him] the applicant at an address designated by [him] such applicant, or 13 deliver to [him] the applicant, or to any person designated for such 14 purpose in writing by [him] such applicant, at the office of the board, 15 such an absentee voter's ballot or set of ballots and an envelope there- 16 for. If the ballot or ballots are to be sent outside of the United 17 States to a country other than Canada or Mexico, such ballot or ballots 18 shall be sent by air mail. In addition to postal or personal delivery 19 of an absentee voter's ballot to an applicant who is found to be a qual- 20 ified voter, at the request of such applicant, the board of elections 21 shall deliver such ballot or ballots: (i) by telephone facsimile trans- 22 mission to a phone number which shall be designated by the applicant; or 23 (ii) as an attachment to an electronic mail transmission sent to an 24 electronic mail address which shall be designated by the applicant. 25 However, if an applicant who is eligible for an absentee ballot is a 26 resident of a facility operated or licensed by, or under the jurisdic- 27 tion of, the department of mental hygiene, or a resident of a facility 28 defined as a nursing home or residential health care facility pursuant 29 to subdivisions two and three of section two thousand eight hundred one 30 of the public health law, or a resident of a hospital or other facility 31 operated by the Veteran's Administration of the United States, such 32 absentee ballot need not be so mailed or delivered to any such applicant 33 but, may be delivered to the voter in the manner prescribed by section 34 8-407 of this [chapter] title if such facility is located in the county 35 or city in which such voter is eligible to vote. 36 § 3. Section 8-410 of the election law, as amended by chapter 352 of 37 the laws of 1986, is amended to read as follows: 38 § 8-410. Absentee voting; method of. [The] For a ballot or ballots to 39 be returned by mail or delivered to the board of elections of the county 40 or city of an absentee voter's residence, the absentee voter shall mark 41 an absentee ballot as provided for paper ballots or ballots prepared for 42 counting by ballot counting machines. [He] The absentee voter shall 43 make no mark or writing whatsoever upon the ballot, except as above 44 prescribed, and shall see that it bears no such mark or writing. [He] 45 The absentee voter shall make no mark or writing whatsoever on the 46 outside of the ballot. After marking the ballot or ballots [he] the 47 absentee voter shall fold each such ballot and enclose them in the 48 envelope and seal the envelope. [He] The absentee voter shall then take 49 and subscribe the oath on the envelope, with blanks properly filled in. 50 The envelope, containing the ballot or ballots, shall then be mailed or 51 delivered to the board of elections of the county or city of [his] such 52 absentee voter's residence. 53 § 4. Subdivision 7-a of section 10-106 of the election law, as added 54 by chapter 348 of the laws of 1991, is amended to read as follows: 55 7-a. If a federal post card application form is received from a person 56 who is qualified to vote as a military voter but who has not previouslyS. 8226 3 1 registered pursuant to the provisions of this article, such federal post 2 card application form shall be treated in all respects as an application 3 for registration and enrollment as a military voter and for a military 4 ballot pursuant to the provisions of this article. If such a federal 5 post card application form is received from a person already registered 6 as a military voter pursuant to the provisions of this article, such 7 application shall be treated in all respects as an application for a 8 military ballot pursuant to the provisions of this article. The board 9 shall accept federal post card application forms by mail, facsimile 10 transmission or electronic mail. 11 § 5. Section 10-107 of the election law, as added by chapter 104 of 12 the laws of 2010, is amended to read as follows: 13 § 10-107. Military voters; designation of means of transmission by 14 military voters. 1. A military voter may designate a preference to 15 receive a voter registration application, a military ballot application 16 or a military ballot by mail, facsimile transmission or electronic mail. 17 Such designation shall remain in effect until revoked or changed by the 18 military voter. If a military voter does not designate a preference, the 19 board of elections shall transmit the voter registration application, 20 military ballot application or military ballot by mail. If a military 21 voter designates a preference for facsimile transmission or electronic 22 mail but does not provide the necessary facsimile number or e-mail 23 address, the board of elections shall transmit the voter registration 24 application, military ballot application or military ballot by mail and 25 request the omitted information. All communications to the military 26 voter shall include the mailing address, the email address and telephone 27 facsimile number of the board of elections. 28 2. Irrespective of the preferred method of transmission designated by 29 a military voter, a military voter's original completed voter registra- 30 tion application, military ballot application and military ballot [must] 31 may be returned by mail [or], in person [notwithstanding that a prior32copy was sent to the board of elections by], facsimile transmission or 33 electronic mail. A completed military ballot application or military 34 ballot submitted by facsimile transmission or electronic mail shall be 35 an original application or ballot and no conforming paper submission 36 shall be required. The board of elections shall maintain paper copies of 37 all applications and ballots delivered by electronic means pursuant to 38 this subdivision. 39 § 6. Paragraph (d) of subdivision 1 of section 10-108 of the election 40 law, as added by chapter 104 of the laws of 2010, is amended to read as 41 follows: 42 (d) A military voter who has received a federal write-in absentee 43 ballot shall be entitled to receive a certified ballot notwithstanding 44 the prior transmission of a federal write-in absentee ballot to such 45 voter pursuant to paragraph (b) or (c) of this subdivision. Such certi- 46 fied military ballot shall be sent by the board of elections in accord- 47 ance with the preferred method of transmission designated by the voter 48 pursuant to section 10-107 of this article, or expedited mail if the 49 military voter has not expressed a preference to receive same by facsim- 50 ile transmission or electronic mail, and [his or her] such military 51 voter's request for a military ballot was made at least thirty-two days 52 before the election. 53 § 7. Section 11-203 of the election law, as added by chapter 104 of 54 the laws of 2010, is amended to read as follows: 55 § 11-203. Special federal voters; designation of means of transmission 56 by special federal voters. 1. A special federal voter may designate aS. 8226 4 1 preference to receive a voter registration application, a special feder- 2 al ballot application or a special federal ballot by mail, facsimile 3 transmission or electronic mail. Such designation shall remain in 4 effect until revoked or changed by the special federal voter. If a 5 special federal voter does not designate a preference, the board of 6 elections shall transmit the voter registration application, special 7 federal ballot application or special federal ballot by mail. If a 8 special federal voter designates a preference for facsimile transmission 9 or electronic mail but does not provide the necessary facsimile number 10 or e-mail address, the board of elections shall transmit the voter 11 registration application, special federal ballot application or special 12 federal ballot by mail and request the omitted information. All communi- 13 cations to the special federal voter shall include the mailing address, 14 the email address and telephone facsimile number of the board of 15 elections. 16 2. Irrespective of the preferred method of transmission designated by 17 a special federal voter, a special federal voter's original completed 18 voter registration application[, special federal ballot application and19special federal ballot must] may be returned by mail or in person 20 notwithstanding that a prior copy was sent to the board of elections by 21 facsimile transmission or electronic mail. A completed special federal 22 ballot application or special federal ballot submitted by facsimile 23 transmission or electronic mail shall be an original application or 24 ballot and no conforming paper submission shall be required. The board 25 of elections shall maintain paper copies of all applications and ballots 26 delivered by electronic means pursuant to this subdivision. 27 § 8. Subdivision 1 of section 11-200 of the election law, as amended 28 by chapter 99 of the laws of 1989, is amended to read as follows: 29 1. Every citizen of the United States now residing outside the United 30 States whose last domicile in the United States immediately prior to his 31 departure from the United States was in the state of New York, shall be 32 entitled to vote from such last domicile, as a special federal voter in 33 all primary, special and general elections for the public offices or 34 party positions of president and vice-president of the United States, 35 United States senator, representative in congress [and], delegates and 36 alternate delegates to a national convention and all primary, special 37 and general elections for any state or local public office, provided 38 such citizen, at the time of such departure from the United States, 39 could have met all the present qualifications of this chapter to vote in 40 [federal] such elections from such last domicile, except the qualifica- 41 tion with respect to minimum voting age, even though such citizen does 42 not now maintain a place of abode or domicile in the state of New York, 43 and provided further that such citizen does not maintain a place of 44 abode or domicile, is not registered to vote and is not voting in any 45 other election district, state, territory or possession of the United 46 States and provided further that such citizen has a valid passport or 47 card of identity and registration issued under the authority of the 48 secretary of state of the United States. 49 § 9. This act shall take effect immediately.
