S T A T E   O F   N E W   Y O R K
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                                  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:

  Section  1.  Paragraph  (d)  of  subdivision 2 of section 8-400 of the
election law, as separately amended by chapters 97 and 104 of  the  laws
of 2010, is amended to read as follows:
  (d)  The  board  of  elections  shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests  such
an absentee ballot from such board of elections in [writing in a letter,
telefax indicating the address, phone number and the telefax number from
which  the writing is sent or other written instrument] A COMMUNICATION,
which is signed AND CERTIFIED by the voter and received by the board  of
elections  not earlier than the thirtieth day nor later than the seventh
day before the election for which the  ballot  is  first  requested  and
which  states  the address where the voter is registered and the address
to which the ballot is to be mailed; provided, however, a military voter
may request a military ballot or voter registration  application  or  an
absentee ballot application in a letter as provided in subdivision three
of  section  10-106  of  this  chapter;  and provided further, a special
federal voter may request a special federal ballot or voter registration
application or an absentee ballot application in a letter as provided in
paragraph d of subdivision one of section 11-202 of  this  chapter.  The
board  of elections shall enclose with such ballot a form of application
for absentee ballot if the applicant is registered with  such  board  of
elections.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00083-01-1

              

A. 5895                             2

  S  2.  Section  8-400  of  the election law is amended by adding a new
subdivision 11 to read as follows:
  11.  (A)  THE BOARD OF ELECTIONS OF EACH COUNTY SHALL ENACT PROCEDURES
AND REGULATIONS TO ENABLE VOTERS  TO  REQUEST  AND  APPLY  FOR  ABSENTEE
BALLOTS  BY  MEANS OF A FORM SUBMITTED OVER A SECURE INTERNET CONNECTION
THROUGH THE WEBSITE OF THE BOARD AND/OR THE COUNTY.
  (B) ANY ELECTRONIC REQUEST FOR AN ABSENTEE  BALLOT  SUBMITTED  THROUGH
SUCH  A  WEBSITE  SHALL  BE  DEEMED  TO CONSTITUTE AN APPLICATION FOR AN
ABSENTEE BALLOT WITHIN THE MEANING OF THIS SECTION,  PROVIDED  THAT  THE
ELECTRONIC FORM:
  (I) REQUESTS THE VOTER TO SUPPLY THAT INFORMATION REQUIRED BY SUBDIVI-
SION THREE OF THIS SECTION;
  (II)  CONTAINS  THE  LANGUAGE  REQUIRED  BY  SUBDIVISION  FIVE OF THIS
SECTION;
  (III) PROMPTS THE VOTER, UPON  COMPLETION,  TO  SUBMIT  AN  ELECTRONIC
SIGNATURE SUFFICIENT TO REASONABLY GUARANTEE THE VOTER'S IDENTITY;
  (IV)  INFORMS  THE VOTER THAT SUCH SIGNATURE HAS THE SAME LEGAL EFFECT
AS A SIGNATURE EXECUTED BY HAND; AND
  (V) DOES NOT PERMIT THE SUBMISSION OF  A  FORM  SO  INCOMPLETE  AS  TO
RENDER THE BOARD UNABLE TO PROCESS IT THROUGH ITS NORMAL PROCEDURES.
  (C)  IN  THE  CASE OF SUCH ELECTRONIC REQUESTS, THE BOARD OF ELECTIONS
SHALL PROVIDE TIMELY NOTIFICATION TO THE VOTER OF ANY  DEFECT  IN  THEIR
ELECTRONIC  APPLICATION.  SUCH  NOTIFICATION MAY BE SENT TO THE VOTER BY
ELECTRONIC MAIL.
  (D) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO ALTER THE INFORMA-
TION REQUIRED ON AN ABSENTEE BALLOT APPLICATION, OR THE  QUALIFICATIONS,
STATUTORY OR CONSTITUTIONAL, REQUIRED TO VOTE BY ABSENTEE BALLOT.
  S  3.  Severability.  If  any provision of this act or the application
thereof shall for any reason be  adjudged  by  any  court  of  competent
jurisdiction  to  be invalid, such judgment shall not affect, impair, or
invalidate the remainder of this act, but shall be confined in its oper-
ation to the provision thereof directly involved in the  controversy  in
which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.