NY State Senate Bill 2023-S3044

Current 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, 2024	referred to elections
Jan 27, 2023	referred to elections

co-Sponsors

2023-S3044 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8950
2021-2022: S251

2023-S3044 (ACTIVE) - Summary

Provides for voter requests for an absentee ballot from the board of elections by telephone.

2023-S3044 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3044                  Revised 4/13/23

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to requests for absentee
ballots

 
PURPOSE:

To allow qualified voters to call their boards of elections and apply
for an absentee ballot by telephone in order to prevent the disenfran-
chisement of voters who may not have necessary internet access or
digital literacy to apply for an absentee ballot through an online
portal.

 
SUMMARY OF PROVISIONS:

Section 1 amends the opening paragraph of subdivision 2 of section 8-400
of the election law, as amended by chapter 216 of 1988 which clarifies
that a qualified voter is not limited to only apply for an absentee
ballot by letter.

Section 2 amends paragraph (d) of subdivision 2 section 8-400 of the
election law, as amended by chapter 138 of the laws of 2020, which
allows a qualified voter to apply to vote by absentee ballot by tele-
phone without needing to complete an additional application prior to
receiving the absentee ballot or simultaneously with receiving the
absentee ballot.

Section 3 amends 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 which which allows a qualified voter to apply to vote by absentee
ballot by telephone without needing to complete an additional applica-
tion prior to receiving the absentee ballot or simultaneously with
receiving the absentee ballot.

Section 4 provides the effective date.

 
JUSTIFICATION:

This bill will allow qualified voters to call their boards of elections
and apply for an absentee ballot by telephone. This will prevent the
disenfranchisement of voters who may not have necessary Internet access
or digital literacy to apply for an absentee ballot through an online
portal, if provided by their local board of elections, and do not want
to formally request an application by mail. This has been especially
important during a time when there are increased requests to vote by
absentee ballot due to the novel coronavirus COVID-19 and the U.S.
Postal Service is overburdened.

This bill also clarifies that if someone applies for an absentee ballot
by phone, no additional application is necessary either before receiving
the ballot or at the same time as receiving an absentee ballot. This
alleviates voter confusion and eases the administrative burden on boards
of elections and the mail system since it eliminates extraneous mail-
ings.

 
FISCAL IMPACT ON THE STATE:
To be determined.

 
FISCAL IMPACT ON LOCALITIES:

To be determined.

 
LEGISLATIVE HISTORY:

S251 of 2021-22: Referred to Elections.

S8950 of 2019-20: Referred to Rules.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to paragraph (d) of subdivision 2 of section 8-400 of the
election law made by section two of this act shall be subject to expira-
tion and reversion of such paragraph pursuant to section 7 of chapter 91
of the laws of 2020, as amended, when upon such date the provisions of
section three of this act shall take effect.

2023-S3044 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3044
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE, BROUK, GOUNARDES -- 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 requests for absentee
   ballots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subdivision 2 of section 8-400 of
 the election law, as amended by chapter 746 of  the  laws  of  2021,  is
 amended to read as follows:
   A  qualified  voter  desiring  to vote at such election as an absentee
 voter for any reason specified  in  subdivision  one  hereof  must  make
 application for an absentee ballot on a form to be obtained and filed as
 provided herein, [by letter] as provided in paragraph (d) of this subdi-
 vision,  or through the electronic absentee ballot application transmit-
 tal system pursuant to section 8-408 of this title.
   § 2. Paragraph (d) of subdivision 2 of section 8-400 of  the  election
 law,  as separately amended by chapters 273 and 746 of the laws of 2021,
 is amended to read as follows:
   (d) (I) 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, OR BY TELEPHONE,
 or an electronic application submitted by the voter  through  the  elec-
 tronic absentee ballot application transmittal system established by the
 state  board  of elections, which is signed by the voter and received by
 the board of elections not later  than  the  fifteenth  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00778-01-3

 S. 3044                             2
 
 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 appli-
 cation 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.]
   (II) FOR PURPOSES OF THIS SUBDIVISION, A VOTER REQUESTING AN  ABSENTEE
 BALLOT  BY  TELEPHONE  SHALL  NOT BE REQUIRED TO COMPLETE AN APPLICATION
 PRIOR TO OR SIMULTANEOUSLY WITH  RECEIVING  THE  BALLOT.  THE  BOARD  OF
 ELECTIONS  RECEIVING  THE  TELEPHONE  REQUEST  SHALL  MAINTAIN A WRITTEN
 RECORD OF ALL SUCH TELEPHONE REQUESTS FOR AN ABSENTEE  BALLOT,  AND  MAY
 COMPLETE THE ABSENTEE BALLOT APPLICATION AS SUCH RECORD ON BEHALF OF THE
 VOTER  REQUESTING THE ABSENTEE BALLOT, PROVIDED THAT NO BALLOT REQUESTED
 OR ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL BE DEEMED INVALID FOR LACK
 OF A COMPLETE ABSENTEE BALLOT APPLICATION FOR ANY REASON.
   § 3. This act shall take effect immediately.

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Senate Bill S3044

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

2023-S3044 (ACTIVE) - Details

2023-S3044 (ACTIVE) - Summary

2023-S3044 (ACTIVE) - Sponsor Memo

2023-S3044 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3044

Share this bill

Sponsored By

Zellnor Myrie

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

Samra G. Brouk

Andrew Gounardes

2023-S3044 (ACTIVE) - Details

2023-S3044 (ACTIVE) - Summary

2023-S3044 (ACTIVE) - Sponsor Memo

2023-S3044 (ACTIVE) - Bill Text download pdf

Comments