NY State Senate Bill 2017-S1660

Senate Bill S1660

2017-2018 Legislative Session

Requires county boards to create systems for processing electronic requests for absentee ballots

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Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Jan 10, 2017	referred to elections

co-Sponsors

2017-S1660 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5127
2013-2014: S1989
2015-2016: S861

2017-S1660 (ACTIVE) - Summary

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

2017-S1660 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1660

 TITLE OF BILL :  An act to amend the election law, in relation to
requiring county boards to create systems for processing electronic
requests for absentee ballots

 PURPOSE :

This bill modernizes election law by requiring county boards of
elections to provide an electronic system for voters to apply for
absentee ballots.

 SUMMARY OF PROVISIONS :

Section 1. Amends paragraph (d) of subdivision 2 of section 8-400 of
the election law to permit requests for an absentee ballot by a
communication other than a "letter," and replaces the signature
requirement with the requirement that applications be signed and
certified.

Section 2. Adds a new subdivision 11 to section 8-400 of the election
law to requiring county boards of elections to enable voters to apply
for an absentee ballot by electronic form submitted over a secure
inter-net connection through the board's website. It further defines
the requirements that such electronic systems should meet to ensure
election integrity, and requires boards of elections to notify voters

of an unsuccessful application. This new subdivision also provides
that the method of the application's communication should affect
neither the information requirements of the application, nor be
presumed to alter the constitutional or statutory requirements that
voters must meet before being issued an absentee ballot.

Section 3. Severability clause.

Section 4. Effective date.

 JUSTIFICATION :

Under current New York law, voters can register to vote by absentee
ballot by obtaining a form and mailing it to the board of elections.
Forms are generally available for download on the state board of
elections website, as well as many local board of elections' sites.
While this is a step forward, it should be the policy of New York to
provide voters who will be absent from their home county on election
day with as many opportunities as possible to obtain and submit a
valid absentee ballot application.

Therefore, this bill would permit voters to request an absentee ballot
by completing a form provided on websites maintained by county boards
of elections. The bill also permits a voter to sign their absentee
ballot application electronically. E-signatures today see wide
implementation in electronic commerce, and New York law recognizes
their validity when parties seek to use them (N.Y. State Tech. Code
sections 303-309, 2009). Boards of elections are not required to use
New York's corresponding e-signature regulatory regime, they need only
implement reasonable guarantees of security, but may at their
discretion.

Other jurisdictions have experimented with electronic requests for
absentee ballots. Delaware permits requests by electronic mail
(Delaware Code title 15, section 5503, 2009). Similarly, election
authorities in Maine have the option of accepting electronic
applications, which more than 180 cities and towns have already
implemented (Maine Revised Statutes, title 21A, section 753-A(6),
2009). Finally, the bill provides that it shall not be construed to
alter the requirements a voter must meet before being eligible for an
absentee ballot, or the content of the application. Only the method of
delivery is affected.

 LEGISLATIVE HISTORY :

2015-16: S861/A5602 - Elections/Election Law
2013-14: 51989/A3796 - Elections/Election Law
2011-12: S5127/A5895 - Elections/Election Law

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2017-S1660 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1660
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by Sens. CARLUCCI, PARKER, PERKINS -- 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 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.
                                                            LBD01570-01-7

 S. 1660                             2
 
   §  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.
   §  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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S1660

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Sponsored By

David Carlucci