S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7368
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             September 8, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  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 requirements for  affi-
   davit ballots and absentee ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 2-a of section  8-302  of  the
 election  law,  as  amended by section 8 of part XX of chapter 55 of the
 laws of 2019, is amended to read as follows:
   (c) [If the voter does not produce an identification  document  listed
 in  paragraph  (a) of this subdivision, the voter shall only be entitled
 to vote by affidavit ballot unless a court order provides  otherwise]  A
 VOTER  VOTING  BY AFFIDAVIT BALLOT SHALL BE REQUIRED TO PRODUCE AN IDEN-
 TIFICATION DOCUMENT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION. IF SUCH
 IDENTIFICATION DOCUMENT  IS  AN  IDENTIFICATION  DOCUMENT  LISTED  UNDER
 SUBPARAGRAPH  (II)  OF  PARAGRAPH (A) OF THIS SUBDIVISION, SUCH DOCUMENT
 SHALL HAVE BEEN ISSUED OR CREATED NOT MORE THAN ONE HUNDRED TWENTY  DAYS
 PRIOR  TO  THE ELECTION. IF SUCH IDENTIFICATION DOCUMENT EXISTS IN ELEC-
 TRONIC FORM, SUCH VOTER SHALL PRODUCE A PRINTED COPY OF SUCH IDENTIFICA-
 TION DOCUMENT.
   § 2. Subparagraph (ii) of paragraph (e) of subdivision  3  of  section
 8-302 of the election law, as amended by section 8 of part XX of chapter
 55 of the laws of 2019, is amended to read as follows:
   (ii) He or she may swear to and subscribe an affidavit stating that he
 or  she  has  duly  registered  to  vote,  the  address in such election
 district from which he or she registered, that he or she remains a  duly
 qualified  voter in such election district, that his or her registration
 poll record appears to be lost or misplaced or  that  his  or  her  name
 and/or  his  or  her  signature  was omitted from the computer generated
 registration list or such record indicates the voter already voted  when
 he  or  she  did  not  do so or that he or she has moved within New York
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11927-01-1

 S. 7368                             2
 
 state since he or she last registered, the address from which he or  she
 was  previously  registered and the address at which he or she currently
 resides, and at a primary election, the party in  which  he  or  she  is
 enrolled.  The  inspectors  of election shall offer such an affidavit to
 each such voter whose residence address is in  such  election  district,
 AFTER  SUCH  VOTER  HAS  PRODUCED AN IDENTIFICATION DOCUMENT PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION TWO-A OF THIS SECTION. Each such  affidavit
 shall  be in a form prescribed by the state board of elections, shall be
 printed on an envelope of the size and  quality  used  for  an  absentee
 ballot  envelope,  and  shall contain an acknowledgment that the affiant
 understands that any false statement made therein is perjury  punishable
 according  to  law. Such form prescribed by the state board of elections
 shall request information required to register  such  voter  should  the
 county  board  determine  that  such  voter  is not registered and shall
 constitute an application to register to vote. The voter's name and  the
 entries required shall then be entered without delay and without further
 inquiry  in  the  fourth section of the challenge report or in the place
 provided in the computer generated registration list, with the  notation
 that the voter has executed the affidavit hereinabove prescribed, or, if
 such  person's  name  appears  in  such  registration list, the board of
 elections may provide a place to make such entry next to his or her name
 in such list. The voter shall then, without further inquiry, be  permit-
 ted  to  vote  an  affidavit  ballot  provided for by this chapter. Such
 ballot shall thereupon be placed in the envelope containing his  or  her
 affidavit,  and  the  envelope  sealed  and  returned  to  the  board of
 elections in the manner provided by this chapter for protested  official
 ballots, including a statement of the number of such ballots.
   § 3. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 140 of the laws of 2020, is amended to read as follows:
   1. The board of elections shall cause all absentee ballots received by
 it  before  the  close  of  the  polls  on  election day and all ballots
 contained in envelopes showing a cancellation mark of the United  States
 postal service or a foreign country's postal service, or showing a dated
 endorsement  of  receipt  by another agency of the United States govern-
 ment, with a date which is ascertained to be not later  than  the  FIRST
 day  of  EARLY  VOTING  FOR  the  election and received by such board of
 elections not later than seven days following the day of election to  be
 cast  and  counted  except  that  the  absentee  ballot  of  a voter who
 requested such ballot by letter, rather than application, shall  not  be
 counted  unless  a  valid  application  form,  signed  by such voter, is
 received by the board of elections with such  ballot.  For  purposes  of
 this  section, any absentee ballot received by the board of elections by
 mail that does not bear or display a dated postmark shall be presumed to
 have been timely mailed or delivered if such ballot bears a  time  stamp
 of  the receiving board of elections indicating receipt by such board on
 the day [after] OF the election.
   § 4. This act shall take effect immediately.