Bill Text: NY S08950 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for voter requests for an absentee ballot from the board of elections by telephone.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-09-02 - REFERRED TO RULES [S08950 Detail]
Download: New_York-2019-S08950-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8950 IN SENATE September 2, 2020 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the election law, in relation to 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. The opening paragraph of subdivision 2 of section 8-400 of 2 the election law, as amended by chapter 216 of the laws of 1988, is 3 amended to read as follows: 4 A qualified voter desiring to vote at such election as an absentee 5 voter for any reason specified in subdivision one hereof must make 6 application for an absentee ballot on a form to be obtained and filed as 7 provided herein or [by letter] as provided in paragraph (d) of this 8 subdivision. 9 § 2. Paragraph (d) of subdivision 2 of section 8-400 of the election 10 law, as amended by chapter 138 of the laws of 2020, is amended to read 11 as follows: 12 (d) The board of elections shall mail an absentee ballot to every 13 qualified voter otherwise eligible for such a ballot, when such voter 14 requests an absentee ballot from such board of elections in writing in a 15 letter, telefax indicating the address, phone number and the telefax 16 number from which the writing is sent or other written instrument, or by 17 telephone, or an electronic application submitted by the voter by elec- 18 tronic mail or through an electronic transmittal system or web portal 19 established by the state board of elections or city or county board of 20 elections, which is received by the board of elections not later than 21 the seventh day before the election for which the ballot is first 22 requested and which states the address where the voter is registered and 23 the address to which the ballot is to be mailed; provided, however, a 24 military voter may request a military ballot or voter registration 25 application or an absentee ballot application in a letter as provided in 26 subdivision three of section 10-106 of this chapter; and provided 27 further, a special federal voter may request a special federal ballot or 28 voter registration application or an absentee ballot application in a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17204-03-0S. 8950 2 1 letter as provided in paragraph d of subdivision one of section 11-202 2 of this chapter. [The board of elections shall enclose with such ballot3a form of application for absentee ballot if the applicant is registered4with such board of elections.] 5 (i) For purposes of this subdivision, a voter requesting an absentee 6 ballot by telephone shall not be required to complete an application 7 prior to or simultaneously with receiving the ballot. The board of 8 elections receiving the telephone request shall maintain a written 9 record of all such telephone requests for an absentee ballot, and may 10 complete the absentee ballot application as such record on behalf of the 11 voter requesting the absentee ballot, provided that no ballot requested 12 or issued pursuant to this subparagraph shall be deemed invalid for lack 13 of a complete absentee ballot application for any reason. 14 § 3. Paragraph (d) of subdivision 2 of section 8-400 of the election 15 law, as separately amended by chapters 97 and 104 of the laws of 2010, 16 is amended to read as follows: 17 (d) The board of elections shall mail an absentee ballot to every 18 qualified voter otherwise eligible for such a ballot, who requests such 19 an absentee ballot from such board of elections in writing in a letter, 20 telefax indicating the address, phone number and the telefax number from 21 which the writing is sent or other written instrument, or by telephone, 22 which is signed by the voter and received by the board of elections not 23 earlier than the thirtieth day nor later than the seventh day before the 24 election for which the ballot is first requested and which states the 25 address where the voter is registered and the address to which the 26 ballot is to be mailed; provided, however, a military voter may request 27 a military ballot or voter registration application or an absentee 28 ballot application in a letter as provided in subdivision three of 29 section 10-106 of this chapter; and provided further, a special federal 30 voter may request a special federal ballot or voter registration appli- 31 cation or an absentee ballot application in a letter as provided in 32 paragraph d of subdivision one of section 11-202 of this chapter. [The33board of elections shall enclose with such ballot a form of application34for absentee ballot if the applicant is registered with such board of35elections.] 36 (i) For purposes of this subdivision, a voter requesting an absentee 37 ballot by telephone shall not be required to complete an application 38 prior to or simultaneously with receiving the ballot. The board of 39 elections receiving the telephone request shall maintain a written 40 record of all such telephone requests for an absentee ballot, and may 41 complete the absentee ballot application as such record on behalf of the 42 voter requesting the absentee ballot, provided that no ballot requested 43 or issued pursuant to this subparagraph shall be deemed invalid for lack 44 of a complete absentee ballot application for any reason. 45 § 4. This act shall take effect immediately; provided that the amend- 46 ments to paragraph (d) of subdivision 2 of section 8-400 of the election 47 law made by section two of this act shall be subject to the expiration 48 and reversion of such paragraph pursuant to section 7 of chapter 91 of 49 the laws of 2020, as amended, when upon such date the provisions of 50 section three of this act shall take effect.
