NY State Assembly Bill 2009-A10681

Archive: Last Bill Status - Signed by Governor

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2010	signed chap.104
May 28, 2010	delivered to governor returned to assembly passed senate
May 25, 2010	3rd reading cal.439 substituted for s7466b
May 24, 2010	referred to elections delivered to senate passed assembly
May 20, 2010	advanced to third reading cal.922
May 17, 2010	reported
May 11, 2010	reported referred to ways and means
May 05, 2010	print number 10681b
May 05, 2010	amend and recommit to codes reported referred to codes
Apr 29, 2010	print number 10681a
Apr 29, 2010	amend and recommit to election law
Apr 14, 2010	referred to election law

Votes

- May 28, 2010 - Floor Vote
  A10681
  
  Aye
  
  59
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  3
  
  Abstained
  
  0
  - - Floor Vote: May 28, 2010
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Young
      
      excused (3)
      
      Morahan
      
      Seward
      
      Winner

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2009-A10681 - Details

Law Section:: Election Law
Laws Affected:: Amd El L, generally

2009-A10681 - Summary

Enacts provisions relating to military and absentee ballots; designation of means of transmission of military voters and by special federal voters; prohibits refusal to accept voter registration and military ballot applications, marked military ballots and federal write-in absentee ballots for failure to meet certain requirements; and prohibits refusal to accept voter registration and special federal ballot applications, marked special federal ballots and federal write-in absentee ballots for failure to meet certain requirements.

2009-A10681 - Sponsor Memo

                                BILL NUMBER:A10681

TITLE OF BILL:  An act to amend the election law, in relation to mili-
tary ballots, special federal ballots and absentee ballots

PURPOSE OR GENERAL IDEA OF BILL: This bill would enact certain
provisions that are required by federal law and is intended to increase
the opportunity for military and special federal voters to cast their
votes within a timeframe that allows those votes to be counted. It also
streamlines the absentee ballot application to eliminate extraneous
information that is not required by the New York Constitution.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 of the bill amends election
law § 3-220(1) to provide that a voter's facsimile number will not be
released for public inspection by the board of elections.

Section 2 of the bill amends election law § 7-123, which defines a mili-
tary ballot. It would:

A) replace the existing military voter oath with the federal affirma-
tion. This will eliminate the need to indicate if the military voter is
a service person or the family member of a service person;

B) clarify what will be printed on the ballot envelope, including the
sworn affirmation, voter identification information and instructions to
the voter;

C) direct that the board of elections fill in the voter identification
information on a ballot envelope that was received by a voter via mail
before it is sent to the voter and fill in the voter identification
information on a ballot envelope that was received by a voter electron-
ically after it is received by the board;

D) clarify the instruction on the ballot envelope for returning an
original signed ballot application to the appropriate board within the
timeframe for receipt of the ballot itself;

E) provide that a military voter who designated a preference to receive
a ballot by electronic means shall receive instruction for creating a
ballot envelop that contains all of the required information;

F) clarify when a ballot must be returned to the board in order to be
counted and that a signed military ballot application shall not be
returned in the ballot envelope to address an issue recently raised in
Matter of Stewart v Chautauqua County Bd. of Elections (14 NY3d 139
(20101));

G) clarify the information which must be contained on the outer envelope
addressed to the board and instructions for returning the sealed ballot
envelope containing the marked ballot and, if necessary, the original
signed ballot application within the outer envelope;

H) provide that an outer envelope that is created by a military voter
must include the language that allows the voter to have a witness's name
and date instead of a postmark; and

I) provide that the ballot, ballot envelope and outer envelope be mailed
to the voter in a third envelope or, if a voter has designated a prefer-
ence for electronic transmission of ballot materials, that the voter be
sent instructions for creating an outer envelope containing all neces-
sary information.

Section 3 of the bill amends election law § 7-124, which defines a
special federal ballot, to incorporate all the same changes that were
made in section 2 of the bill for military ballots, except that the
special federal voter outer envelope will not allow a witness instead of
a postmark.

Section 4 of the bill amends election law § 8-400 to provide that;

A) a qualified voter may vote by absentee ballot if he or she is absent
from the county (or city) of his or her residence on election day;
unable to appear personally at the polling place of the election
district in which he or she is a qualified voter because of illness or
disability; a patient of a veteran's administration hospital; detained
in jail awaiting action by a grand jury or awaiting trial, or confined
in jail or prison after a conviction for an offense other than a felony,
provided that he or she is qualified to vote in the election district of
his or her residence;

B) a military voter may request, in addition to a military ballot, a
voter registration and an absentee ballot in a letter or by facsimile or
electronic mail;

C) the applicant would have to provide, in the application for an absen-
tee ballot, his or her full name, date of birth, residence address, and
a statement that the applicant is a registered voter.  The applicant
would also be required to provide a statement, as appropriate, that on
the day of such election he or she expects in good faith to be absent
for any of the reasons stated above in paragraph A;

D) the applicant would be able to apply for an absentee ballot covering
more than one election, even if they occur in different calendar years,
by providing the beginning and end dates of the absence.

Section 5 of the bill renumbers election law § 9-209 and amends the
section to provide that:

A) the board of elections shall cast and canvass any federal write-in
absentee ballots validly cast by a military voter for all questions,
proposals, public offices and party positions for which such voter is
entitled to vote;

B) a military voter may use a federal write-in absentee ballot from
inside or outside the United States; and

C) a federal write-in absentee ballot may be returned 13 days after a
general or special election and 7 days after a primary election.

Section 6 of the bill amends election law § 10-102(1) and (2) to conform
the definition of "military service" and "military voter" to federal
law.

Section 7 of the bill amends election law § 10-106(3), (4) and (11) to
provide that a military voter may:

A) request a voter registration application or a military ballot appli-
cation by facsimile transmission or electronic mail;

B) designate a preference for transmission of registration and ballot
materials;

C) obtain documents from the board of elections via the designated
preferred method; and

D) have a family member request a military ballot for a military voter
stationed inside, as well as outside, the United States.

Procedures for transmitting documents to and receiving documents from
military voters shall, to the extent practicable, protect the security
and integrity of the process and the identity and personal data of the
voter; provided that this paragraph shall not limit the information that
may be obtained by the public pursuant to election law § 3-220.

Section 8 of the bill would add a new section 10-107 in the election law
to authorize a military voter to designate a preferred method of trans-
mission of registration and ballot materials. This designation will
remain in effect until changed by the voter. Without such a designation,
the default method is mail. If a voter designates another method but
does not send a facsimile number or an email address, the materials
would be sent by mail with a request for the omitted information. All
communications with the voter will include the mailing address of the
board of elections. Regardless of the designation, all original
completed applications and ballots must be returned to the board of
elections by mail or in person.

Section 9 of the bill amends election law § 10-108(1) to provide that
military ballots will be sent to the voter via the preferred trans-
mission method. In addition, within 3 days of the scheduling of a
special election or upon a court restraining the issuance of ballots,
all military voters will be sent a federal write-in absentee ballot.
Upon the certification of the ballot, all military voters will be sent
such certified ballot via the preferred method of transmission, notwith-
standing the prior transmission of the federal write-in absentee ballot.

Section 10 of the bill amends election law § 10-112(1) to clarify the
way a military voter will prepare the ballot for return to the board of
elections.

Section 11 of the bill would add a new section 10-125 in the election
law to prohibit the board of elections from refusing to accept voter
registration applications, ballot applications, ballots or federal
write-in absentee ballots solely on the basis of notarization require-
ments, paper type or envelope type.

This section also requires the boards of elections to establish a free
access system by which a military voter may determine if the board of
elections has received the voter's ballot.

Section 12 of the bill amends election law § 11-106(1) deletes outdated
language regarding the pasting of a special federal voters signature in
the poll book and provides that application forms shall be in a form
prescribed by the state board of elections.

Section 13 of the bill amends election law § 11-202(1)(d) and adds 2 new
paragraphs (e) and (f) to provide that a special federal voter may:

A) request a voter registration application or a special federal ballot
application by facsimile transmission or electronic mail;

B) designate a preference for transmission of registration and ballot
materials; and

C) obtain documents from the board of elections via the designated
preferred method.

Procedures for transmitting documents to and receiving documents from
special federal voters shall, to the extent practicable, protect the
security and integrity of the process and the identity and personal data
of the voter; provided that this paragraph shall not limit the informa-
tion that may be obtained by the public pursuant to election law
3-220.

Section 14 of the bill adds a new section 11-203 to election law to
authorize a special federal voter to designate a preferred method of
transmission of registration and ballot materials. This designation will
remain in effect until changed by the voter. Without such a designation,
the default method is mail. If a voter designates another method but
does not send a facsimile number or an email address, the materials
would be sent by mail with a request for the omitted information. All
communications with the voter will include the mailing address of the
board of elections. Regardless of the designation, all original
completed applications and ballots must be returned to the board of
elections by mail or in person.

Section 15 of the bill amends election law § 11-204(1), (2) and (4)to
delete outdated language regarding the pasting of a special federal

voters signature in the poll book and provides instead that application
forms shall be in a form prescribed by the state board of elections. It
also provides that the board of elections will contact or send materials
to a special federal voter pursuant to the voter's preferred method of
transmission.

Section 16 of the bill amends election law § 11-216 to add a new subdi-
vision 3 to provide that within 3 days of the scheduling of a special
election or upon a court restraining the issuance of ballots, all
special federal voters will be sent a federal write-in absentee ballot.
Upon the certification of the ballot, all special federal voters will be
sent such certified ballot via the preferred method of transmission,
notwithstanding the prior transmission of the federal write-in absentee
ballot.

Section 17 of the bill adds section 11-219 and 11-220 to the election
law. Section 11-219 would prohibit the board of elections from refusing
to accept voter registration applications, ballot applications, ballots
or federal write-in absentee ballots solely on the basis of notarization
requirements, paper type or envelope type.  This section also requires
the boards of elections to establish a free access system by which a
military voter may determine if the board of elections has received the
voter's ballot.

Section 11-220 would clarify that the general provisions of the election
law apply to the special federal voter except where they are inconsist-
ent with the law specifically addressed to special federal voters; that
the law should be liberally construed to allow special federal voters to
vote and that the state board of elections may adopt regulations to
effectuate the provisions addressed to special federal voters. These are
the same provisions that currently exist for military voters in election
law § 10-126.

Section 18 contains the effective date.

JUSTIFICATION:  In New York, military voters are sent "military ballots"
that are identical to the generic absentee ballot used in New York
because military voters can vote in all federal, state and local races.
However, the application and sworn statement required for a military
ballot is different from that used by a generic absentee voter because
the qualifications to receive a. military ballot is different from the
qualifications to receive an absentee ballot.

In contrast, overseas voters, American citizens that once lived in the
United States but no longer do, are called special federal voters in New
York and are sent "special federal ballots" that are different from
generic absentee ballots. Pursuant to federal and state law, these
voters may vote in federal races but not state and local races.

There is a growing concern nationwide about military and special federal
voters' ability to cast an absentee ballot that will arrive timely and
be counted. For several years, New York extended the effective date of a

law that sought to address this issue. In 2008, New York law was amended
to allow, for the first time, military and special federal voters to
request a ballot by facsimile or email. It also permanently expanded the
deadline for receipt of such ballots to 13 days after a general or
special election and 7 days. after a primary. Finally, it made permanent
the provision that allows a military voter to have a witness sign and
date his or her ballot transmittal envelope instead of obtaining a post-
mark.

In late 2009, Congress enacted and the President signed the National
Defense Authorization Act (P.L. 111-84), which included the bipartisan
Military and Overseas Voter Empowerment (MOVE) Act of 2009. The federal
law is intended to provide minimal standards for absentee ballot trans-
mission to military and overseas voters in federal elections to ensure
that they have sufficient lead time to request, complete and return
their absentee ballots. All states must comply with the federal require-
ments.

The federal law has 2 significant components that affect state election
law:

(1) states must allow military voters to designate a preferred method of
transmission to the voter of voting materials, including a form of elec-
tronic transmission; and

(2) states must send ballots to military and special federal voters 45
days before an election.

However, the federal law reflects the fact that at least 10 states,
including New York, have fall primary elections that may prevent the
finalization of the general election ballot 45 days before that general
election and, therefore, the 45 day time frame may be impossible to meet
without moving the fall primary election. The law allows states to seek
a hardship waiver of the 45 day requirement because of the date of the
primary, because of a delay in generating ballots because of a legal
contest or because the state constitution prohibits the state from
complying with the time frame requirements. The state's Chief Election
Official applies for the waiver from the Department of Defense, which
consults the Attorney General and, if the state's comprehensive plan is
sufficient, the waiver must be granted. The waiver is only good for the
election for which it was submitted.

A number of the states with fall primary elections, including New Hamp-
shire, Wisconsin and Hawaii, require that absentee ballots be returned
by the voter to the board of elections no later than election day. This
means that such states would have to send the ballots out 45 days before
the election to meet the federal mandate.  In contrast, in New York, the
boards of elections could send out ballots 32 days before an election,
as current law requires, because pursuant to the law that was enacted
last year in New York, the deadline for receipt of such ballots is 13
days after a general or special election and 7 days after a primary.
Therefore, in most circumstances, New York military and special federal

ballots would have 45 days to make the "round trip" from the board of
elections to the voter and back to the board of elections.

This bill would build on last year's law and form the basis for New
York's comprehensive plan to support a waiver of the requirement that
ballots be mailed to military and overseas voters 45 days before an
election in every circumstance. It includes a number of provisions that
will promote the timely receipt of military and special federal ballots.
These include:

(1) a requirement that a military and a special federal voter be sent a
federal write-in absentee ballot:

a) within 3 days of the scheduling of a special election; or

b) whenever a board of elections is served with a court order restrain-
ing the timely issuance of ballots due to ongoing litigation;

(2) a requirement that upon the conclusion of litigation affecting the
content of the ballot within 32 days of the election, the board of
elections must transmit a certified ballot to any military and special
federal voter who previously was sent a federal write-in absentee
ballot; and

(3) authorization for military voters to use the federal write-in absen-
tee ballot for state and local races.

This bill, when coupled with the new requirement that military and
Special federal voters must be allowed to designate a preferred method
of transmission of voting materials to the voter, including by fax and
email, will greatly reduce the round trip of military and special feder-
al voters and promote the timely receipt of such ballots.

This bill also seeks to make voting less complicated and invasive for
voters who qualify to vote by a generic absentee ballot. Article II,
section 2 of the New York State Constitution permits absentee voting if
the voter is absent from his or her county or unable to appear at the
poll site because of illness or physically disability. However, the
absentee ballot application currently contains a long list of required
information that goes far beyond questions regarding absence, illness or
physical disability.

This legislation provides for a streamlined absentee ballot application
process by allowing qualified voters to apply for absentee ballots if
they meet the criteria without invading the privacy of the voter or
creating technical traps that could be used to invalidate the ballot.
This legislation would also provide absentee voters with the opportunity
to apply for an absentee ballot for more than one election.

The absentee ballot application, like the military and special federal
voter ballot applications, is the equivalent of a sworn statement and a

voter's signature or mark should be sufficient to satisfy the constitu-
tional mandate.

Overall, this is a bill that will promote greater participation in the
democratic process in New York.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: Federal funding is available to pay for the voter
interactive computer tool that county board of elections will use to
send materials to voters via email. Counties will assume the cost of
additional mailings.

EFFECTIVE DATE: This bill would take effect immediately.

2009-A10681 - Bill Text download pdf

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

    S. 7466                                                 A. 10681

                      S E N A T E - A S S E M B L Y

                             April 14, 2010
                               ___________

IN  SENATE  --  Introduced  by  Sens. SAMPSON, ADAMS, ADDABBO, SQUADRON,
  SCHNEIDERMAN -- read twice and ordered printed, and when printed to be
  committed to the Committee on Elections

IN ASSEMBLY -- Introduced by M. of A. SILVER, MILLMAN, MAGNARELLI, GALEF
  -- read once and referred to the Committee on Election Law

AN ACT to amend the election  law,  in  relation  to  military  ballots,
  special federal ballots and absentee ballots

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 3-220  of  the  election  law,  as
amended  by  chapter  179  of  the  laws  of 2005, is amended to read as
follows:
  1. All registration  records,  certificates,  lists,  and  inventories
referred to in, or required by, this chapter shall be public records and
open  to  public inspection under the immediate supervision of the board
of elections or its employees and subject to such reasonable regulations
as such board may impose, provided, however,  that  a  voter's  driver's
license  number,  department of motor vehicle non-driver photo ID number
[and], social security number AND FACSIMILE NUMBER shall not be released
for public inspection.  No such records shall be handled at any time  by
any  person  other  than  a  member  of a registration board or board of
inspectors of elections or board of  elections  except  as  provided  by
rules imposed by the board of elections.
  S  2. Section 7-123 of the election law, subdivisions 1, 2, 4-a, 5 and
6 as amended by chapter 290 of  the  laws  of  1991,  subdivision  3  as
amended  by chapter 235 of the laws of 2000, subdivision 4 as amended by
chapter 247 of the laws of 1984, subdivision 4-b as added by chapter 262
of the laws of 2003 and subdivision 7 as added by  chapter  237  of  the
laws of 2005, and such section as renumbered by chapter 8 of the laws of
1978, is amended to read as follows:
  S  7-123.  Ballots;  military voters. 1. The state board of elections,
after conferring with federal authorities, if any,  authorized  to  act,
shall  prescribe  the  form  and  cause to be printed by the appropriate

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

                                                           LBD16840-02-0

S. 7466                             2                           A. 10681

boards of elections or otherwise sufficient ballots for military  voters
to be used at the election, subject to the following limitations:
  2. The  ballots for military voters shall be the same form as those to
be voted by absentee voters in the election  district  of  the  military
voter  on  election  day.  Any  instructions  that  the  state  board of
elections deems pertinent shall accompany such ballots but shall not  be
affixed  thereto  in any manner so as to leave any marks on such ballots
not found on absentee ballots.
  3. [Each ballot shall  be  furnished  with  a  ballot]  THE  BOARD  OF
ELECTIONS SHALL FURNISH AN INNER AFFIRMATION envelope WITH EACH MILITARY
BALLOT upon which ENVELOPE shall be printed:

                        BALLOT FOR MILITARY VOTER
                         [STATEMENT] AFFIRMATION

[I do state (or affirm) that I am (MUST CHECK ONE)

(a) in the actual military service of the State of New
    York, or of the United States ................................... []

(b) the spouse ...................................................... []

(c) parent .......................................................... []

(d) child ........................................................... []

of a voter in the actual military service of the State of New York or of
the  United States, accompanying or being with such voter and a resident
of the same election district; that I am a citizen of the United States;
that on the date of the election for which this ballot is voted  I  will
be  at  least  eighteen years of age and immediately preceding said date
will have been a resident of the county, city  or  village  in  which  I
offer  my  vote  for thirty days, that I have not voted any other ballot
for any candidate from any address other than hereinafter set forth; and
that I have not committed any act, nor am I under any  impediment  which
denies me the right to vote.

My voting residence in the State of New York is:
Street and Number, or R.F.D. ...........................................
City, Village or Town ..................................................
County .................................................................
  I  hereby  declare, that the foregoing is a true statement to the best
of my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of military voter, I shall be
guilty of a misdemeanor.]
  I SWEAR OR AFFIRM, UNDER PENALTY OF PERJURY, THAT:
  (A) I AM A MEMBER OF THE UNIFORMED  SERVICES  OR  MERCHANT  MARINE  ON
ACTIVE  DUTY OR AN ELIGIBLE SPOUSE, PARENT, CHILD OR DEPENDENT OF SUCH A
MEMBER, AND
  (B) I AM A UNITED STATES CITIZEN, AT LEAST EIGHTEEN YEARS OF  AGE  (OR
WILL  BE  BY THE DAY OF THE ELECTION), ELIGIBLE TO VOTE IN THE REQUESTED
JURISDICTION, AND
  (C) I HAVE NEITHER BEEN CONVICTED OF A FELONY OR  OTHER  DISQUALIFYING
OFFENSE  NOR  BEEN ADJUDICATED MENTALLY INCOMPETENT, OR IF SO, MY VOTING
RIGHTS HAVE BEEN REINSTATED, AND

S. 7466                             3                           A. 10681

  (D) I AM NOT REGISTERING, REQUESTING A BALLOT, OR VOTING IN ANY  OTHER
JURISDICTION IN THE UNITED STATES, AND
  (E)  MY  SIGNATURE AND DATE BELOW INDICATE WHEN I COMPLETED THIS DOCU-
MENT, AND
  (F) THE INFORMATION ON THIS FORM IS TRUE AND COMPLETE TO THE  BEST  OF
MY KNOWLEDGE.
  I UNDERSTAND THAT A MATERIAL MISSTATEMENT OF FACT IN THE COMPLETION OF
THIS DOCUMENT MAY CONSTITUTE GROUNDS FOR CONVICTION OF PERJURY.

Date .......... 20....
                                        ................................
                                         Signature or mark of voter
                                        ................................
                                         Signature of Witness (required
                                         only if voter does not sign his
                                         or her own name)
                                        ................................
                                         Address of Witness

  4.    On  the  reverse side of the [ballot] INNER AFFIRMATION envelope
[containing the statement of military voter] shall be printed:

               TO BE FILLED IN BY THE BOARD OF ELECTIONS:

  FOR..........ELECTION......... 20......
  County of................................................................
  Name of voter............................................................
  Voting residence (street and number, if any).............................
  City (or town) of..............Ward......................................
  Assembly District..............Election District.........................
  Party Enrollment (in case of primary election)...........................

  IMPORTANT TO MILITARY VOTER: [Be sure to indicate in (a), (b), (c), or
(d), whether you are a serviceman or the spouse, parent or  child  of  a
serviceman  in the statement before you sign your name at the end of the
statement.] YOU MUST SIGN THE [STATEMENT] AFFIRMATION  ON  [THE  REVERSE
SIDE OF] THIS ENVELOPE.
  [4-a.] 5. THE INFORMATION IN SUBDIVISION FOUR OF THIS SECTION SHALL BE
FILLED IN BY THE BOARD OF ELECTIONS PRIOR TO THE MAILING OF ANY MILITARY
BALLOT  AND ENVELOPES IF THE MILITARY VOTER'S PREFERRED METHOD OF TRANS-
MISSION WITH THE BOARD OF ELECTIONS IS BY MAIL, OR IT MAY BE  FILLED  IN
BY  THE  BOARD  OF  ELECTIONS  UPON THE RECEIPT OF THE RETURNED MILITARY
BALLOT AND ENVELOPE WHERE THE BALLOT AND ENVELOPE HAVE BEEN  TRANSMITTED
TO THE MILITARY VOTER OTHER THAN BY MAIL OR IN PERSON.
  6. The  INNER AFFIRMATION envelope, IF DELIVERED BY MAIL OR IN PERSON,
shall be gummed[,] AND ready for sealing[, and]. SUCH ENVELOPE,  OR  ANY
CREATED  BY  THE  MILITARY  VOTER  WHO HAS RECEIVED HIS OR HER BALLOT BY
FACSIMILE  TRANSMISSION  OR  ELECTRONIC  MAIL  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  SUBDIVISION  THREE-A OF THIS SECTION, shall have printed
thereon, on the side opposite the [statement,] AFFIRMATION, instructions
as to the duties of the military voter after the marking of the ballot[,
which].  SUCH  instructions  shall  include  [a]  specific   [direction]
DIRECTIONS stating that the [envelope] BALLOT must be RETURNED IN PERSON
OR  mailed  to the appropriate board of elections [and a specific direc-
tion stating], when [such] THE OUTER envelope  must  be  postmarked,  IF
MAILED,  and  when  such envelope, WHETHER RETURNED IN PERSON OR MAILED,

S. 7466                             4                           A. 10681

must reach such board of elections in order to be canvassed. Such  INNER
AFFIRMATION  envelope shall also include a direction that an application
for A military ballot should not be enclosed in [such] THE INNER  AFFIR-
MATION envelope CONTAINING SUCH BALLOT.
  [4-b.  Notwithstanding any inconsistent provision of law, the standard
affirmation prescribed by the presidential designee under the  uniformed
and  overseas  citizens  absentee  voting  act affirming that a material
misstatement of fact may constitute a violation of law shall be used  on
any  forms  and  envelopes  requiring  such an affirmation by a voter to
which such act applies.
  5.] 7. IF A MILITARY VOTER HAS DESIGNATED A PREFERENCE TO RECEIVE  HIS
OR  HER  BALLOT BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL PURSUANT TO
SECTION 10-107 OF THIS CHAPTER, THE TRANSMISSION OF THE MILITARY VOTER'S
BALLOT SHALL INCLUDE, TOGETHER WITH ALL  INFORMATION  AND  INSTRUCTIONAL
MATERIALS THAT ACCOMPANY BALLOT MATERIALS SENT BY THE BOARD OF ELECTIONS
TO  OTHER ABSENTEE VOTERS, APPROPRIATE INSTRUCTIONS AS TO THE FOLDING OF
SAME SO AS TO CREATE AN INNER AFFIRMATION ENVELOPE CONTAINING ALL OF THE
INFORMATION SET FORTH IN  SUBDIVISIONS  THREE,  FOUR  AND  SIX  OF  THIS
SECTION.
  8. Such [ballot] INNER AFFIRMATION envelope [and] CONTAINING THE mili-
tary ballot shall be enclosed in [a second] AN OUTER envelope, addressed
to  the  appropriate  board  of  elections,  and bearing on it the words
"Official Election Ballot--Via Air Mail"[, and a].  THE  OUTER  ENVELOPE
SHALL  INCLUDE  specific  [direction]  DIRECTIONS  that  if  an ORIGINAL
COMPLETED application for a military ballot [is received with such mili-
tary ballot] HAS NOT ALREADY BEEN RETURNED IN PERSON OR  MAILED  TO  THE
MILITARY  VOTER'S BOARD OF ELECTIONS, such application must be completed
by the military voter and returned [in such envelope together  with  the
envelope  containing the military ballot] IN THE OUTER ENVELOPE WITH THE
SEALED INNER AFFIRMATION ENVELOPE CONTAINING THE MILITARY BALLOT  WITHIN
THE  TIME  LIMITS  FOR  THE RECEIPT OF THE MILITARY BALLOT ITSELF.  Such
envelope shall provide lines in the upper left corner for  the  military
voter to write his OR HER name and complete military address.
  [6.] 9. The [second] OUTER envelope addressed to the appropriate board
of  elections  and  the  INNER  AFFIRMATION  envelope which contains the
ballot shall be mailed to the military voter  in  a  third  envelope  on
which is printed the words "Official Election Ballot--Via Air Mail".
  [7.] 10. At the side opposite the address on the [second] OUTER envel-
ope, below the gummed seal, FOR A BALLOT DELIVERED BY MAIL OR IN PERSON,
OR  BELOW  THE  FLAP  FOR  A BALLOT TRANSMITTED TO THE MILITARY VOTER BY
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, shall be printed:

This ballot was mailed on _________ which is not later than the
                           (date)
day before the election.

_______________               _____________
Signed (Witness)                  Date
  11.   IF THE MILITARY VOTER'S  PREFERRED  METHOD  OF  TRANSMISSION  IS
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, THE ELECTRONIC TRANSMITTAL OF
THE   MILITARY   VOTER'S  BALLOT  MATERIALS  SHALL  INCLUDE  APPROPRIATE
INSTRUCTIONS AS TO THE FOLDING OF SAME SO AS TO CREATE AN OUTER ENVELOPE
CONTAINING ALL OF THE INFORMATION SET FORTH IN  SUBDIVISIONS  EIGHT  AND
TEN OF THIS SECTION.

S. 7466                             5                           A. 10681

  S  3.  Section 7-124 of the election law, as added by chapter 8 of the
laws of 1978, subdivision 1 as amended by chapter 259  of  the  laws  of
1991,  subdivisions  2  and  3  as amended by chapter 235 of the laws of
2000, subdivision 4 as amended by chapter 99 of the  laws  of  1989  and
subdivision  5 as amended by chapter 216 of the laws of 1988, is amended
to read as follows:
  S 7-124. Ballots [for]; special federal voters.  1.  The  ballots  for
special  federal  voters  shall  provide for voting for presidential and
vice-presidential electors, United  States  senator,  representative  in
congress, and delegates and alternate delegates to a national convention
only  and  shall  be in the form prescribed by this chapter for absentee
ballots, except that on either the front or the back of the ballot shall
be printed  or  stamped  the  words  "Official  Ballot--Special  Federal
Voter", provided, however, that at any election at which special federal
voters may vote for all the offices and positions on the ballot, no such
separate  ballot  shall  be  printed  and the ballot for special federal
voters shall be the same as the ballot provided to  absentee  voters  in
such election.
  2.  The board of elections shall furnish AN INNER AFFIRMATION ENVELOPE
with each special federal ballot [an envelope. On one side of the]  UPON
WHICH envelope shall be printed:
  I SWEAR OR AFFIRM, UNDER PENALTY OF PERJURY, THAT:
  (A)  I  AM A UNITED STATES CITIZEN RESIDING OUTSIDE THE UNITED STATES,
AND
  (B) I AM AT LEAST EIGHTEEN YEARS OF AGE (OR WILL BE BY THE DAY OF  THE
ELECTION), ELIGIBLE TO VOTE IN THE REQUESTED JURISDICTION, AND
  (C)  I  HAVE NEITHER BEEN CONVICTED OF A FELONY OR OTHER DISQUALIFYING
OFFENSE NOR BEEN ADJUDICATED MENTALLY INCOMPETENT, OR IF SO,  MY  VOTING
RIGHTS HAVE BEEN REINSTATED, AND
  (D)  I  AM NOT QUALIFIED TO REGISTER, REQUEST A BALLOT, OR VOTE IN ANY
OTHER JURISDICTION IN THE UNITED STATES, AND
  (E) MY SIGNATURE AND DATE BELOW INDICATE WHEN I COMPLETED  THIS  DOCU-
MENT, AND
  (F)  THE  INFORMATION ON THIS FORM IS TRUE AND COMPLETE TO THE BEST OF
MY KNOWLEDGE.
  I UNDERSTAND THAT A MATERIAL MISSTATEMENT OF FACT IN THE COMPLETION OF
THIS DOCUMENT MAY CONSTITUTE GROUNDS FOR CONVICTION OF PERJURY.

DATE......... 20......
                                         ...............................
                                         SIGNATURE OR MARK OF VOTER
                                         ...............................
                                         SIGNATURE OF WITNESS (REQUIRED
                                         ONLY IF VOTER DOES NOT SIGN HIS
                                         OWN NAME)
                                         ...............................
                                         ADDRESS OF WITNESS

  3. ON THE REVERSE SIDE OF THE  INNER  AFFIRMATION  ENVELOPE  SHALL  BE
PRINTED:

      [OFFICIAL BALLOT, SPECIAL FEDERAL VOTERS,] TO BE FILLED IN BY
                         THE BOARD OF ELECTIONS

FOR..........ELECTION......... 20......

S. 7466                             6                           A. 10681

Name of voter ..........................................................
Residence from which vote is being cast:
  Street and number ....................................................
  City or town .........................................................
  County ...............................................................
  Assembly District or Ward ............................................
  Election District ....................................................
  Party Enrollment (in case of primary election) .......................

  [The date of the election and the name of the county shall be printed,
and  the  name  of the voter, residence, name of town, number of ward or
assembly district, if any, and election district shall be either printed
or written or stamped in by the  board]  IMPORTANT  TO  SPECIAL  FEDERAL
VOTER: YOU MUST SIGN THE AFFIRMATION ON THIS ENVELOPE.
  [3.  On the reverse side of such envelope shall be printed the follow-
ing statement:

                   STATEMENT OF SPECIAL FEDERAL VOTER

  I  do declare I am a qualified special federal voter of said district;
that I am not qualified and am not able to  qualify  to  vote  elsewhere
than  as set forth on the reverse side of this envelope; that I have not
committed any act nor am I under any  impediment  which  denies  me  the
right to vote.
  I hereby declare that the foregoing is a true statement to the best of
my  knowledge  and  belief, and I understand that if I make any material
false statement in the foregoing statement,  I  shall  be  guilty  of  a
misdemeanor.

Date......... 20......
                                         ...............................
                                         Signature or mark of voter
                                         ...............................
                                         Signature of Witness (required
                                         only if voter does not sign his
                                         own name)
                                         ...............................
                                         Address of Witness]

  4.    THE  INFORMATION  IN  SUBDIVISION THREE OF THIS SECTION SHALL BE
FILLED IN BY THE BOARD OF ELECTIONS PRIOR TO THE MAILING OF ANY  SPECIAL
FEDERAL  BALLOT  AND  ENVELOPES IF THE SPECIAL FEDERAL VOTER'S PREFERRED
METHOD OF TRANSMISSION WITH THE BOARD OF ELECTIONS IS BY MAIL, OR IT MAY
BE FILLED IN BY THE BOARD OF ELECTIONS  UPON  RECEIPT  OF  THE  RETURNED
SPECIAL  FEDERAL  BALLOT  AND ENVELOPE WHEN THE BALLOT AND ENVELOPE HAVE
BEEN TRANSMITTED TO THE SPECIAL FEDERAL VOTER OTHER THAN BY MAIL  OR  IN
PERSON.
  5.  The INNER AFFIRMATION envelope, IF DELIVERED BY MAIL OR IN PERSON,
shall be gummed[,] AND ready for sealing[, and]. SUCH ENVELOPE,  OR  ANY
CREATED  BY  THE  SPECIAL  FEDERAL  VOTER  WHOSE BALLOT WAS DELIVERED BY
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL IN ACCORDANCE WITH SUBDIVISION
TWO-A OF THIS SECTION, shall have printed thereon, on the side  opposite
the  [statement] AFFIRMATION, instructions as to the duties of the voter
after the marking  of  the  ballot[,  which].  SUCH  instructions  shall
include  [a] specific [direction] DIRECTIONS stating that the [envelope]
BALLOT must be [delivered] RETURNED IN PERSON or mailed to the appropri-

S. 7466                             7                           A. 10681

ate board of elections [and a specific direction stating],  when  [such]
THE  OUTER  envelope  must  be  [delivered or postmarked] POSTMARKED, IF
MAILED, and when such envelope,  [if  so  mailed]  WHETHER  RETURNED  IN
PERSON  OR  MAILED,  must  reach  such board of elections in order to be
canvassed.  SUCH INNER AFFIRMATION ENVELOPE SHALL ALSO INCLUDE A  DIREC-
TION  THAT  AN  APPLICATION  FOR  A SPECIAL FEDERAL BALLOT SHOULD NOT BE
ENCLOSED IN THE INNER AFFIRMATION ENVELOPE CONTAINING SUCH BALLOT.
  [5. Such envelope shall be enclosed in a second envelope bearing on it
the address of the board of  elections,  the  words  "Official  Election
Balloting  Material--Via  Air  Mail" and a specific direction that if an
application for special federal ballot is received with the ballot, such
application must be completed by the voter and returned in such envelope
together with the envelope containing the special federal ballot.]
  6. IF A SPECIAL FEDERAL VOTER HAS DESIGNATED A PREFERENCE  TO  RECEIVE
HIS  OR HER BALLOT BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL PURSUANT
TO SECTION 11-203 OF THIS  CHAPTER,  THE  TRANSMISSION  OF  THE  SPECIAL
FEDERAL  VOTER'S BALLOT SHALL INCLUDE, TOGETHER WITH ALL INFORMATION AND
INSTRUCTIONAL MATERIALS THAT ACCOMPANY  BALLOT  MATERIALS  SENT  BY  THE
BOARD OF ELECTIONS TO OTHER ABSENTEE VOTERS, APPROPRIATE INSTRUCTIONS AS
TO THE FOLDING OF SAME SO AS TO CREATE AN ENVELOPE CONTAINING ALL OF THE
INFORMATION  SET  FORTH  IN  SUBDIVISIONS  TWO,  THREE  AND FIVE OF THIS
SECTION.
  7. SUCH INNER AFFIRMATION  ENVELOPE  CONTAINING  THE  SPECIAL  FEDERAL
BALLOT SHALL BE ENCLOSED IN AN OUTER ENVELOPE ADDRESSED TO THE APPROPRI-
ATE  BOARD  OF ELECTIONS, AND BEARING ON IT THE WORDS "OFFICIAL ELECTION
BALLOT--VIA  AIR  MAIL".  THE  OUTER  ENVELOPE  SHALL  INCLUDE  SPECIFIC
DIRECTIONS  THAT  IF  AN  ORIGINAL  COMPLETED  APPLICATION FOR A SPECIAL
FEDERAL BALLOT HAS NOT ALREADY BEEN DELIVERED OR MAILED TO  THE  SPECIAL
FEDERAL  VOTER'S  BOARD OF ELECTIONS, SUCH APPLICATION MUST BE COMPLETED
BY THE SPECIAL FEDERAL VOTER AND RETURNED IN THE OUTER ENVELOPE WITH THE
SEALED INNER AFFIRMATION ENVELOPE CONTAINING THE SPECIAL FEDERAL  BALLOT
WITHIN  THE  TIME  LIMITS  FOR THE RECEIPT OF THE SPECIAL FEDERAL BALLOT
ITSELF.  SUCH ENVELOPE SHALL PROVIDE LINES IN THE UPPER LEFT CORNER  FOR
THE  SPECIAL FEDERAL VOTER TO WRITE HIS OR HER NAME AND COMPLETE SPECIAL
FEDERAL ADDRESS.
  8. THE OUTER ENVELOPE ADDRESSED TO THE APPROPRIATE BOARD OF  ELECTIONS
AND  THE  INNER  AFFIRMATION ENVELOPE WHICH CONTAINS THE BALLOT SHALL BE
MAILED TO THE SPECIAL FEDERAL VOTER IN A  THIRD  ENVELOPE  ON  WHICH  IS
PRINTED THE WORDS "OFFICIAL ELECTION BALLOT--VIA AIR MAIL".
  9.  IF THE SPECIAL FEDERAL VOTER'S PREFERRED METHOD OF TRANSMISSION IS
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, THE ELECTRONIC TRANSMITTAL OF
THE SPECIAL FEDERAL VOTER'S BALLOT MATERIALS SHALL  INCLUDE  APPROPRIATE
INSTRUCTIONS AS TO THE FOLDING OF SAME SO AS TO CREATE AN OUTER ENVELOPE
CONTAINING ALL OF THE INFORMATION SET FORTH IN SUBDIVISION EIGHT OF THIS
SECTION.
  S 4. Subdivision 1, paragraph (d) of subdivision 2, subdivisions 3 and
4  of section 8-400 of the election law, the opening paragraph of subdi-
vision 1 as amended by chapter 359 of the laws of 1989, paragraph (c) of
subdivision 1 and subparagraph (iii) of paragraph (c) of  subdivision  3
as amended by chapter 426 of the laws of 2009, paragraph (d) of subdivi-
sion  2  as amended by chapter 165 of the laws of 2009, subparagraph (i)
of paragraph (c) of subdivision 3 as amended by chapter 234 of the  laws
of  1976,  paragraph (d) of subdivision 3 as added by chapter 373 of the
laws of 1986, subdivision 4 as amended by chapter 163  of  the  laws  of
1985, are amended to read as follows:

S. 7466                             8                           A. 10681

  1.  A qualified voter may vote as an absentee voter under this chapter
if, on the occurrence of any village election conducted by the board  of
elections,  primary  election, special election, general election or New
York city community school board district  or  city  of  Buffalo  school
district election, he [will] OR SHE EXPECTS TO be:
  (a)  [unavoidably] absent from the county of his OR HER residence, or,
if a resident of the city of New York absent from  said  city[,  because
his duties, occupation, business, or studies require him to be elsewhere
on the day of election]; or
  (b)  [absent  from such county or city because he is on vacation else-
where on the day of election; or
  (c)] unable to appear personally at the polling place of the  election
district  in  which he or she is a qualified voter because of illness or
physical disability[, whether permanent or temporary,] or duties related
to the primary care of one or more individuals who are ill or physically
disabled, or because he or she will be or is a patient in a hospital; or
  [(d) he is a person entitled to a ballot because  he  is  a  qualified
voter  registered  as]  (C) an inmate or patient of a veteran's adminis-
tration hospital; or
  [(e) absent from the county of his residence, or if a resident of  the
city  of  New York, absent from said city, because of his accompanying a
spouse, parent or child who would be entitled to apply for the right  to
vote by absentee ballot if a qualified voter; or
  (f)]  (D) absent from his OR HER voting residence because he OR SHE is
detained in jail awaiting action by a grand jury or awaiting  trial,  or
confined  in JAIL OR prison after a conviction for an offense other than
a felony, provided that he OR SHE is qualified to vote in  the  election
district of his OR HER residence.
  (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 a letter, which is
signed 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  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.
  3.  The  application for an absentee ballot when filed must contain in
each instance the following information:
  (a) Applicant's full name,  DATE  OF  BIRTH,  and  residence  address,
including  the  street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and his  OR  HER
town or city and an address to which the ballot shall be mailed.
  (b)  A  statement  that  the  applicant  is a qualified and registered
voter[, and that he does not know of any reason  why  he  is  no  longer
qualified to vote].

S. 7466                             9                           A. 10681

  (c)  A statement, as appropriate, that on the day of such election the
applicant expects in good faith to be in one of  the  following  catego-
ries:
  (i)  [unavoidably]  absent from the county of his OR HER residence, or
if a resident of the city of New York absent from  said  city[,  because
his  duties, occupation, business or studies require him to be elsewhere
on such day, and where such duties, occupation, business or studies  are
not  of such a nature as ordinarily to require such absence, a statement
briefly describing the  special  circumstances  requiring  such  absence
and]; PROVIDED, HOWEVER, IF THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH
COUNTY  OR CITY FOR A DURATION COVERING MORE THAN ONE ELECTION AND SEEKS
AN ABSENTEE BALLOT FOR EACH ELECTION, HE OR SHE SHALL  STATE  the  dates
when he OR SHE expects to begin and end such absence; or
  (ii) [absent from the county of his residence, or if a resident of the
city  of  New York absent from said city, because he will be on vacation
elsewhere on such day, the dates upon which he expects to begin and  end
such  vacation, the place or places where he expects to be on such vaca-
tion, the name and address of his employer, if any, or if  self-employed
or retired a statement to such effect; or
  (iii)] unable to appear at a polling place because of illness or phys-
ical  disability  or  duties  related to the primary care of one or more
individuals who are ill or physically disabled; or
  [(iv) entitled to a ballot because he is a qualified voter  registered
as]  (III)  an inmate or patient of a veteran's [administraion] ADMINIS-
TRATION hospital; or
  [(v)] (IV) detained in jail awaiting action by a grand jury or  await-
ing  trial  or  confined  in  JAIL  OR  prison after a conviction for an
offense other than a felony and stating the place where he OR SHE is  so
detained or confined[; or
  (vi)  absent from the county of his residence, or if a resident of the
city of New York absent from said city, because of his accompanying  his
spouse,  parent  or  child who falls within one of the foregoing catego-
ries; a statement that  the  applicant  resides  in  the  same  election
district  as  such spouse, parent or child, the name and address of such
spouse, parent or child, and, unless  the  application  accompanies  the
application  of  such spouse, parent or child, the information as to the
status of such spouse, parent or child required by the applicable  cate-
gory].
  (d) Such application shall permit the applicant to apply for an absen-
tee  ballot for either a primary election or the general election in any
year and for those persons who will be continuously  absent  from  their
county  of residence during the period between the fall primary election
and the general election in any year to apply for ballots for both  such
elections  in  such  year.    A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT
SHALL BE SENT AN ABSENTEE BALLOT FOR  ANY  SPECIAL  ELECTION  OR  WINTER
PRIMARY THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLI-
CATION.
  4.  A  voter  who  claims permanent illness or physical disability may
make application for an absentee ballot and  the  right  to  receive  an
absentee  ballot for each election thereafter as provided herein without
further application, by filing with the board of elections  an  applica-
tion  which shall contain a statement to be executed by the voter [show-
ing the particulars of his illness or disability]. Upon filing  of  such
application  the  board of elections shall [investigate the facts stated
therein and if satisfied as to  the  truth  thereof,  shall]  cause  the
registration  records  of  the voter to be marked "Permanently Disabled"

S. 7466                            10                           A. 10681

and thereafter shall send an absentee ballot for each succeeding  prima-
ry,  special  or general election to such voter at his OR HER last known
address by first class mail with a request to the postal authorities not
to  forward  such ballot but to return it in five days in the event that
it cannot be delivered to the addressee. The mailing of such ballot  for
each   election  shall  continue  until  such  voter's  registration  is
cancelled.
  S 5. Section 9-209 of the election law, as amended by chapter  251  of
the  laws  of 1984, the section heading, the opening paragraph and para-
graph a of subdivision 2 as amended by chapter 179 of the laws of  2005,
paragraph  a  of  subdivision 1 as amended by chapter 165 of the laws of
2009, subparagraph 3 of paragraph a of subdivision 2 as added by chapter
248 of the laws of 2009, paragraph b of subdivision 2 as added and para-
graphs c and e of subdivision 2 as relettered by chapter 94 of the  laws
of  1987,  subparagraph  1  of  paragraph b of subdivision 2 as amended,
subparagraph 2 of paragraph b of subdivision 2 as added and subparagraph
3 of paragraph b of subdivision 2 as renumbered by chapter  155  of  the
laws  of  1994,  paragraph c of subdivision 2 as added by chapter 352 of
the laws of 1986 and paragraph d of subdivision 2 as amended by  chapter
79 of the laws of 1992, is amended to read as follows:
  S 9-209. Canvass of absentee, military and special ballots and ballots
cast  by  voters  with  registration  poll  records  missing  on days of
election or voters who have not had their identity  previously  verified
or  who  have  moved after registering. Before completing the canvass of
votes cast in any primary, general, special, or other election at  which
voters  are  required  to  sign  their  registration poll records before
voting, the board of elections shall proceed in the  manner  hereinafter
prescribed to cast and canvass any absentee, military, special presiden-
tial,  special  federal or other special ballots which were not cast and
canvassed at the polling place, and any  ballots  voted  by  voters  who
moved  within  the  county  or city after registering, voters who are in
inactive status, voters whose registration was  incorrectly  transferred
to another address even though they did not move, or voters whose regis-
tration  poll records were missing on the day of such election or voters
who have not had their identity previously verified or  whose  registra-
tion poll records did not show them to be enrolled in the party in which
they  claimed  to be enrolled. Each such ballot shall be retained in the
original envelope containing the voter's  affidavit  and  signature,  in
which it is delivered to the board of elections until such time as it is
to be cast and canvassed.
  1.  [a.]  (A) The board of elections shall designate itself or such of
its employees as it shall deem appropriate as a set of  poll  clerks  to
cast  and canvass such ballots, and fix a time and place for their meet-
ing for such purpose, provided that such meeting shall be no  more  than
fourteen days after a general or special election and no more than eight
days after a primary election at which such ballots are voted. The board
may  designate  additional sets of poll clerks and if it designates more
than one such set shall apportion  among  all  such  sets  the  election
districts  from which such ballots have been received, provided that all
such ballots from a single election district  shall  be  assigned  to  a
single  set  of  clerks, and that each such set shall be divided equally
between representatives of the two major political  parties.  Each  such
set of clerks shall be deemed a central board of inspectors for purposes
of this section.
  [b.]  (B) At least five days prior to the time fixed for such meeting,
the board shall send notice by first class mail to each candidate, poli-

S. 7466                            11                           A. 10681

tical party, and independent body entitled to have had watchers  present
at  the polls in any election district in the board's jurisdiction. Such
notice shall state the time and  place  fixed  by  the  board  for  such
canvass.
  [c.]  (C)  Each  such candidate, political party, and independent body
shall be entitled to appoint such number of watchers to attend upon each
central board of inspectors as such candidate, political party, or inde-
pendent body was entitled  to  appoint  at  such  election  in  any  one
election  district  for which such central board of inspectors is desig-
nated to act.
  2. [a. 1.] (A)(I) Upon assembling at the time and place fixed for such
meeting, each central board of inspectors shall  cast  and  canvass  the
envelopes  and the ballots therein contained as nearly as practicable in
the manner provided by this chapter for a board of inspectors to consid-
er, cast, and canvass absentee ballot envelopes and ballots at the poll-
ing place.
  [2.] (II) If the board of inspectors  determines  that  a  person  was
entitled  to vote at such election it shall cast and canvass such ballot
if such board finds that ministerial error by the board of elections  or
any  of its employees caused such ballot envelope not to be valid on its
face.
  [3.] (III) If the board of elections  determines  that  a  person  was
entitled to vote at such election, the board shall cast and canvass such
ballot  if such board finds that the voter appeared at the correct poll-
ing place, regardless of the fact that the voter may  have  appeared  in
the incorrect election district.
  [b.  1.]  (B)(I)  Such board of inspectors shall also cast and canvass
any federal write-in ABSENTEE ballots validly cast by an absentee VOTER,
A military VOTER or A special federal voter for the offices of president
and  vice-president,  United  States  senator  and   representative   in
congress.    SUCH  BOARD  OF  INSPECTORS SHALL ALSO CAST AND CANVASS ANY
FEDERAL WRITE-IN ABSENTEE BALLOTS VALIDLY CAST BY A MILITARY  VOTER  FOR
ALL  QUESTIONS OR PROPOSALS, PUBLIC OFFICES OR PARTY POSITIONS FOR WHICH
A MILITARY VOTER IS OTHERWISE ELIGIBLE TO VOTE AS  PROVIDED  IN  SECTION
10-104 OF THIS CHAPTER.
  [2.]  (II)  Federal  write-in  ABSENTEE  ballots  shall  be  cast  and
canvassed only if: (A) an  application  for  an  absentee,  military  or
special  federal  ballot  was  received  from  the absentee, military or
special federal voter at least thirty days before  election  day[,  if];
(B)  the  federal  write-in ABSENTEE ballot was submitted from INSIDE OR
outside the United States[, if] BY A MILITARY  VOTER  OR  WAS  SUBMITTED
FROM  OUTSIDE  THE  UNITED  STATES  BY A SPECIAL FEDERAL VOTER; (C) such
ballot is received by the board of  elections  not  later  than  [seven]
THIRTEEN days following the day of election OR SEVEN DAYS AFTER A PRIMA-
RY  ELECTION;  and  [if]  (D)  the absentee, military or special federal
ballot which was sent to the voter is  not  received  by  the  board  of
elections by the [seventh] THIRTEENTH day following the day of A GENERAL
OR SPECIAL election OR THE SEVENTH DAY AFTER A PRIMARY ELECTION.
  (III)  If  such  a  federal write-in ABSENTEE ballot is received after
election day, the envelope in which it is received must contain:  (A)  a
cancellation mark of the United States postal service or a foreign coun-
try's postal service[, or]; (B) a dated endorsement of receipt by anoth-
er  agency of the United States government[,]; OR (C) IF CAST BY A MILI-
TARY VOTER, THE SIGNATURE AND DATE OF THE VOTER AND ONE WITNESS  THERETO
with  a  date  which  is ascertained to be not later than the day before
election day.

S. 7466                            12                           A. 10681

  [3.] (IV) If such a federal write-in ABSENTEE ballot contains the name
of a person or persons in the space provided for a vote for any  office,
such  ballot  shall  be  counted as a vote for such person or persons. A
vote for a person who is the candidate of a party  or  independent  body
either  for president or vice-president shall be deemed to be a vote for
both the candidates of such party or independent body for such  offices.
If such a ballot contains the name of a party or independent body in the
space provided for a vote for any office, such ballot shall be deemed to
be  a  vote  for  the  candidate or candidates, if any, of such party or
independent body for such office. In the case of the offices  of  presi-
dent  and vice-president a vote cast for a candidate, either directly or
by writing in the name of a party or independent  body,  shall  also  be
deemed  to  be  votes  for  the electors supporting such candidate.  Any
abbreviation, misspelling or other minor variation in the  form  of  the
name  of a candidate or a party or independent body shall be disregarded
in determining the validity of the  ballot,  if  the  intention  can  be
ascertained.
  [c.]  (C) The following provisions shall apply to casting and canvass-
ing of all such ballots which are  counted  by  machine  and  all  other
provisions  of  this chapter with respect to casting and canvassing such
ballots which are not inconsistent with this paragraph shall be applica-
ble to such ballots.
  [1.] (I) Such ballots shall be counted by placing  them,  arranged  by
election district, in the counting machine.
  [2.]  (II)  Such  ballots  may be separated into sections before being
placed in the counting machine.
  [3.] (III) Any write-in ballots and any ballots which cannot be count-
ed by the machine shall be counted manually subject to all the  applica-
ble  provisions  of  this chapter with respect to counting of [absentee]
ballots.
  [4.] (IV) The record of the vote counted by machine for each candidate
and for and against each ballot proposal, printed by election  district,
shall  be  preserved  in  the same manner and for the same period as the
returns of canvass for the election.
  [d.] (D) Any person lawfully present may object to the refusal to cast
or canvass any ballot on the grounds that the voter is a properly quali-
fied voter of the election district, or in the case of a  party  primary
duly  enrolled  in  such  party,  or to the casting or canvassing of any
ballot on the grounds that the voter is not a properly  qualified  voter
of  the  election  district,  or in the case of a party primary not duly
enrolled in such party, or otherwise not entitled to cast  such  ballot.
When  any  such objection is made, the central board of inspectors shall
forthwith proceed to determine such objection and reject  or  cast  such
ballot  according to such determination. If the board cannot agree as to
the validity of the ballot it shall set the ballot aside, unopened,  for
a period of three days at which time the ballot envelope shall be opened
and the vote counted unless otherwise directed by an order of the court.
  [e.]  (E)  Upon  completing  the  casting and canvassing of ballots as
hereinabove provided for any election district,  the  central  board  of
inspectors  shall  thereupon,  as  nearly  as  practicable in the manner
provided in this chapter for absentee  ballots,  verify  the  number  of
ballots so cast, tally the votes so cast, add such tally to the previous
tally  of  all  votes  cast  in such election district, and announce the
result.

S. 7466                            13                           A. 10681

  S 6. Subdivisions 1 and 2 of  section  10-102  of  the  election  law,
subdivision 2 as amended by chapter 373 of the laws of 1978, are amended
to read as follows:
  1.  "Military  service" means the military service of the state, or of
the United States, including the army, navy, marine  corps,  air  force,
coast  guard,  MERCHANT MARINE and all components thereof, and the coast
and geodetic survey, the public health service, the national guard  when
in the service of the United States pursuant to call as provided by law,
and  the  cadets  or  midshipmen  of the United States Military Academy,
United States Naval Academy, United States Air Force Academy and  United
States Coast Guard Academy.
  2.  "Military  voter" means a qualified voter of the state of New York
who is in the actual military service, as defined in the preceding para-
graph of this section, and by reason of such military service is  absent
from  his  election  district of residence on the day of registration or
election, or a voter who is discharged from such military service within
thirty days of an election  and  the  spouse,  parent  [and],  child  OR
DEPENDENT  of  such  voter  accompanying  or being with him or her, if a
qualified voter and a resident of the same election district.
  S 7. Subdivisions 3, 4 and 11 of section 10-106 of the  election  law,
subdivision 3 as added by chapter 165 of the laws of 2009, subdivision 4
as  amended  by  chapter  262  of the laws of 2003 and subdivision 11 as
amended by chapter 290 of the laws of  1991,  are  amended  to  read  as
follows:
  3.  [A]  (A) IN ADDITION TO ANY OTHER METHOD OF REGISTERING TO VOTE OR
OF APPLYING FOR A MILITARY BALLOT, A military voter may  [apply  for  a]
REQUEST  A VOTER REGISTRATION APPLICATION OR military ballot APPLICATION
by facsimile transmission TO THE BOARD OF ELECTIONS OR pursuant  to  the
Uniformed  and  Overseas  Citizens  Absentee Voting Act or BY electronic
mail.  WHEN MAKING SUCH A REQUEST, THE MILITARY VOTER  MAY  DESIGNATE  A
PREFERENCE  FOR  TRANSMISSION OF SUCH VOTER REGISTRATION APPLICATION AND
MILITARY BALLOT APPLICATION PURSUANT TO SECTION 10-107 OF THIS ARTICLE.
  (B) THE MILITARY BALLOT APPLICATION SHALL ALLOW THE MILITARY VOTER  TO
DESIGNATE  A PREFERENCE FOR TRANSMISSION OF THE MILITARY BALLOT PURSUANT
TO SECTION 10-107 OF THIS ARTICLE.
  (C) THE PROCEDURES FOR RECEIVING DOCUMENTS FROM AND TRANSMITTING DOCU-
MENTS TO A MILITARY VOTER SHALL, TO THE EXTENT PRACTICABLE, PROTECT  THE
SECURITY  AND  INTEGRITY OF THE MILITARY VOTER REGISTRATION AND MILITARY
BALLOT APPLICATION REQUEST PROCESS AND PROTECT THE PRIVACY OF THE  MILI-
TARY  VOTER,  INCLUDING  THE  VOTER'S  IDENTITY AND OTHER PERSONAL DATA.
NOTHING IN THIS PARAGRAPH  SHALL  LIMIT  THE  INFORMATION  THAT  MAY  BE
OBTAINED PURSUANT TO SECTION 3-220 OF THIS CHAPTER.
  4.  Not earlier than the ninetieth or later than the seventy-fifth day
before each general election, each county or  city  board  of  elections
shall  send,  IN  ACCORDANCE  WITH  THE PREFERRED METHOD OF TRANSMISSION
DESIGNATED BY THE VOTER PURSUANT TO SECTION 10-107 OF THIS  ARTICLE,  to
each  person  who  is  registered as a military voter and to every other
military voter in such county  or  city  for  whom  it  has  a  military
address,  an application for a military ballot for such general election
in a form prescribed by  the  state  board  of  elections,  which  shall
include  a  place  for  such  military voter to enroll in a party, [on a
postcard bearing] AND SHALL INCLUDE the return address of such board  of
elections[;  provided,  however,  the  county or city board of elections
shall not send such an application to any person who has applied  for  a
military  ballot  and  is  entitled  to  receive  such  ballot  for such
election].

S. 7466                            14                           A. 10681

  11. A board of elections may send to  any  spouse,  parent,  or  adult
child,  brother  or sister of a military voter serving INSIDE OR outside
of the continental limits of the United States,  an  application  for  a
military  ballot,  in a form prescribed by the state board of elections.
Such  application  shall  be  on a postcard addressed to the appropriate
board of elections and shall include the statement  "I  understand  that
this  application will be accepted for all purposes as the equivalent of
an affidavit and, if it  contains  a  material  false  statement,  shall
subject  me  to  the  same  penalties as if I had been duly sworn". Such
application may be signed by the spouse, parent or adult child,  brother
or  sister  of  such military voter. Upon receipt of such an application
from such a relative of a military voter, the board of  elections  shall
mail  a military ballot to such military voter together with an applica-
tion for a military ballot and instructions that such  application  must
be  completed  and  returned  together  with the envelope containing the
military ballot. No ballot sent to a military voter upon the application
of a relative of such military voter shall be cast or canvassed unless a
completed application for military ballot signed by such military  voter
is  [received with such] RETURNED WITHIN THE TIME LIMITS FOR THE RECEIPT
OF THE MILITARY ballot ITSELF.
  S 8. The election law is amended by adding a  new  section  10-107  to
read as follows:
  S  10-107.  MILITARY  VOTERS;  DESIGNATION OF MEANS OF TRANSMISSION BY
MILITARY VOTERS. 1.   A MILITARY VOTER MAY  DESIGNATE  A  PREFERENCE  TO
RECEIVE  A VOTER REGISTRATION APPLICATION, A MILITARY BALLOT APPLICATION
OR A MILITARY BALLOT BY MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL.
SUCH DESIGNATION SHALL REMAIN IN EFFECT UNTIL REVOKED OR CHANGED BY  THE
MILITARY  VOTER.    IF A MILITARY VOTER DOES NOT DESIGNATE A PREFERENCE,
THE BOARD OF ELECTIONS SHALL TRANSMIT THE  VOTER  REGISTRATION  APPLICA-
TION,  MILITARY  BALLOT  APPLICATION  OR MILITARY BALLOT BY MAIL.   IF A
MILITARY VOTER DESIGNATES A PREFERENCE  FOR  FACSIMILE  TRANSMISSION  OR
ELECTRONIC  MAIL  BUT DOES NOT PROVIDE THE NECESSARY FACSIMILE NUMBER OR
E-MAIL ADDRESS, THE BOARD OF ELECTIONS SHALL TRANSMIT THE  VOTER  REGIS-
TRATION  APPLICATION,  MILITARY BALLOT APPLICATION OR MILITARY BALLOT BY
MAIL AND REQUEST THE OMITTED  INFORMATION.  ALL  COMMUNICATIONS  TO  THE
MILITARY  VOTER  SHALL  INCLUDE  THE  MAILING  ADDRESS  OF  THE BOARD OF
ELECTIONS.
  2. IRRESPECTIVE OF THE PREFERRED METHOD OF TRANSMISSION DESIGNATED  BY
A  MILITARY VOTER, A MILITARY VOTER'S ORIGINAL COMPLETED VOTER REGISTRA-
TION APPLICATION, MILITARY BALLOT APPLICATION AND MILITARY  BALLOT  MUST
BE  RETURNED  BY MAIL OR IN PERSON NOTWITHSTANDING THAT A PRIOR COPY WAS
SENT TO THE BOARD OF ELECTIONS BY FACSIMILE TRANSMISSION  OR  ELECTRONIC
MAIL.
  S  9.  Subdivision 1 of section 10-108 of the election law, as amended
by chapter 262 of the laws of 2003, is amended to read as follows:
  1. (A) Ballots for  military  voters  shall  be  mailed  or  otherwise
distributed  by the board of elections, IN ACCORDANCE WITH THE PREFERRED
METHOD OF TRANSMISSION DESIGNATED  BY  THE  VOTER  PURSUANT  TO  SECTION
10-107  OF THIS ARTICLE, NOT LATER THAN thirty-two days before a primary
or general election; twenty-five days before a New York  city  community
school board district or city of Buffalo school district election; [and]
fourteen  days  before  a  village  election  conducted  by the board of
elections; and twelve days  before  a  special  election.  A  voter  who
submits  a  military  ballot application shall be entitled to a military
ballot thereafter for each subsequent election through and including the
next two regularly scheduled general elections  held  in  even  numbered

S. 7466                            15                           A. 10681

years,  including  any run-offs which may occur; provided, however, such
application shall not be valid for any election held within  seven  days
after  its receipt.  Ballots shall also be mailed to any qualified mili-
tary  voter  who  is  already  registered and who requests such military
ballot from such board of elections in a letter, which is signed by  the
voter  and received by the board of elections not later than the seventh
day before the election for which the  ballot  is  requested  and  which
states  the  address  where  the  voter is registered and the address to
which the ballot is to be mailed. The board of elections  shall  enclose
with  such ballot a form of application for military ballot. In the case
of a primary election, the board shall deliver only the  ballot  of  the
party  with  which the military voter is enrolled according to the mili-
tary voter's registration records. In the event a  primary  election  is
uncontested in the military voter's election district for all offices or
positions except the party position of member of the ward, town, city or
county  committee,  no  ballot shall be delivered to such military voter
for such election; and the military voter shall be advised of the reason
why he or she will not receive a ballot.
  (B) UPON THE PROCLAMATION OF A SPECIAL ELECTION  BY  THE  GOVERNOR  OR
OTHERWISE PURSUANT TO LAW, EACH BOARD OF ELECTIONS SHALL, NOT LATER THAN
THREE DAYS AFTER THE ESTABLISHMENT OF THE DATE OF SUCH SPECIAL ELECTION,
TRANSMIT  BY  MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL IN ACCORD-
ANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY  THE  VOTER
PURSUANT  TO SECTION 10-107 OF THIS ARTICLE, A FEDERAL WRITE-IN ABSENTEE
BALLOT TO ALL MILITARY VOTERS ELIGIBLE TO VOTE  BY  MILITARY  BALLOT  IN
SUCH SPECIAL ELECTION.
  (C)  EACH  BOARD  OF  ELECTIONS  WHICH  IS  SERVED  WITH A COURT ORDER
RESTRAINING OR ENJOINING THE ISSUANCE OF BALLOTS IN ANY ELECTION,  OTHER
THAN  A  SPECIAL  ELECTION,  IN  WHICH ANY MILITARY VOTER IS ENTITLED TO
RECEIVE A BALLOT SHALL IMMEDIATELY NOTIFY THE STATE BOARD  OF  ELECTIONS
OF  SUCH FACT AND SHALL TRANSMIT IN ACCORDANCE WITH THE PREFERRED METHOD
OF TRANSMISSION DESIGNATED BY THE VOTER,  A  FEDERAL  WRITE-IN  ABSENTEE
BALLOT TO ALL MILITARY VOTERS ELIGIBLE TO VOTE IN SUCH ELECTION.
  (D)  A  MILITARY  VOTER  WHO  HAS RECEIVED A FEDERAL WRITE-IN ABSENTEE
BALLOT SHALL BE ENTITLED TO RECEIVE A CERTIFIED  BALLOT  NOTWITHSTANDING
THE  PRIOR  TRANSMISSION  OF  A FEDERAL WRITE-IN ABSENTEE BALLOT TO SUCH
VOTER PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION.  SUCH CERTI-
FIED MILITARY BALLOT SHALL BE SENT BY THE BOARD OF ELECTIONS IN  ACCORD-
ANCE  WITH  THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER
PURSUANT TO SECTION 10-107 OF THIS ARTICLE, OR  EXPEDITED  MAIL  IF  THE
MILITARY VOTER HAS NOT EXPRESSED A PREFERENCE TO RECEIVE SAME BY FACSIM-
ILE  TRANSMISSION OR ELECTRONIC MAIL, AND HIS OR HER REQUEST FOR A MILI-
TARY BALLOT WAS MADE AT LEAST THIRTY-TWO DAYS BEFORE THE ELECTION.
  S 10. Section 10-112 of the election law, subdivision 1 as amended  by
chapter 290 of the laws of 1991, is amended to read as follows:
  S  10-112.  Military voter; voting. [1.] The military voter shall mark
the military ballot provided for in this article in the same  manner  as
an  absentee ballot. After marking the ballot, he OR SHE shall fold such
ballot and enclose it in the [ballot] INNER AFFIRMATION envelope bearing
the military voter's [statement]  AFFIRMATION  ON  THE  OUTSIDE  OF  THE
ENVELOPE  and  seal the envelope.  He OR SHE shall then sign the [state-
ment] AFFIRMATION, with the blanks properly filled in.  The INNER AFFIR-
MATION envelope containing the MILITARY ballot shall then be inserted in
the OUTER envelope addressed to  the  appropriate  board  of  elections,
which  shall be mailed or [otherwise] PERSONALLY delivered to such board

S. 7466                            16                           A. 10681

of elections of his OR HER county of residence WITHIN  THE  TIME  LIMITS
PROVIDED BY THIS CHAPTER.
  S  11.  The  election law is amended by adding a new section 10-125 to
read as follows:
  S 10-125. MILITARY VOTERS; PROHIBITING REFUSAL TO ACCEPT VOTER  REGIS-
TRATION  AND  MILITARY BALLOT APPLICATIONS, MARKED MILITARY BALLOTS, AND
FEDERAL WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET  CERTAIN  REQUIRE-
MENTS.  1.  A  BOARD OF ELECTIONS SHALL NOT REFUSE TO ACCEPT AND PROCESS
ANY OTHERWISE VALID VOTER REGISTRATION APPLICATION  OR  MILITARY  BALLOT
APPLICATION  (INCLUDING  THE  OFFICIAL  POST  CARD FORM PRESCRIBED UNDER
SECTION 101 OF THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE  VOTING  ACT
(42  USC  1973FF))  OR  MARKED  MILITARY  BALLOT  SUBMITTED  BY  MAIL OR
PERSONALLY DELIVERED, SOLELY ON THE BASIS OF THE FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  2. A BOARD OF ELECTIONS SHALL NOT REFUSE TO  ACCEPT  AND  PROCESS  ANY
OTHERWISE VALID FEDERAL WRITE-IN ABSENTEE BALLOT SUBMITTED IN ANY MANNER
BY A MILITARY VOTER SOLELY ON THE BASIS OF THE FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  3. THE STATE BOARD OF ELECTIONS, IN COORDINATION WITH COUNTY BOARDS OF
ELECTIONS,  SHALL DEVELOP A FREE ACCESS SYSTEM BY WHICH A MILITARY VOTER
MAY DETERMINE WHETHER THE MILITARY BALLOT OF THE MILITARY VOTER HAS BEEN
RECEIVED BY THE APPROPRIATE BOARD OF ELECTIONS.
  S 12. Subdivision 1 of section 11-106 of the election law  is  amended
to read as follows:
  1.   The application forms shall [contain a detachable portion for the
applicant's signature, which portion shall be gummed  on  the  back  for
pasting in the list of special presidential voters, or, in lieu thereof,
the  board  of  elections may cause to be made, under its supervision, a
photostatic copy of the applicant's  signature  as  it  appears  on  his
application,  and  in  such  case  a photostatic copy of the applicant's
signature shall be pasted in the list of special presidential voters  in
its  proper  place]  BE  IN  A  FORM  PRESCRIBED  BY  THE STATE BOARD OF
ELECTIONS.
  S 13. Paragraph d of subdivision 1 of section 11-202 of  the  election
law, as added by chapter 165 of the laws of 2009, is amended and two new
paragraphs e and f are added to read as follows:
  d.  [A]  IN  ADDITION TO ANY OTHER METHOD OF REGISTERING TO VOTE OR OF
APPLYING FOR A SPECIAL FEDERAL  BALLOT,  A  special  federal  voter  may
[apply  for]  REQUEST  A  VOTER  REGISTRATION  APPLICATION  OR REQUEST a
special federal ballot APPLICATION  by  facsimile  transmission  TO  THE
BOARD  OF  ELECTIONS  OR pursuant to the Uniformed and Overseas Citizens
Absentee Voting Act or BY electronic mail. WHEN MAKING SUCH  A  REQUEST,
THE SPECIAL FEDERAL VOTER MAY DESIGNATE A PREFERENCE FOR TRANSMISSION OF
SUCH  VOTER REGISTRATION APPLICATION AND SPECIAL FEDERAL BALLOT APPLICA-
TION PURSUANT TO SECTION 11-203 OF THIS TITLE.
  E. THE SPECIAL FEDERAL BALLOT  APPLICATION  SHALL  ALLOW  THE  SPECIAL
FEDERAL  VOTER  TO DESIGNATE A PREFERENCE TO RECEIVE THE SPECIAL FEDERAL
BALLOT PURSUANT TO SECTION 11-203 OF THIS TITLE.
  F. THE PROCEDURES FOR RECEIVING DOCUMENTS FROM AND TRANSMITTING  DOCU-
MENTS  TO  A  SPECIAL  FEDERAL  VOTER  SHALL, TO THE EXTENT PRACTICABLE,
PROTECT THE SECURITY AND INTEGRITY OF THE SPECIAL FEDERAL  VOTER  REGIS-
TRATION  AND  SPECIAL  FEDERAL  BALLOT  APPLICATION  REQUEST PROCESS AND

S. 7466                            17                           A. 10681

PROTECT THE PRIVACY OF THE SPECIAL FEDERAL VOTER, INCLUDING THE  VOTER'S
IDENTITY  AND OTHER PERSONAL DATA. NOTHING IN THIS PARAGRAPH SHALL LIMIT
THE INFORMATION THAT MAY BE OBTAINED PURSUANT TO SECTION 3-220  OF  THIS
CHAPTER.
  S  14.  The  election law is amended by adding a new section 11-203 to
read as follows:
  S 11-203. SPECIAL FEDERAL VOTERS; DESIGNATION OF MEANS OF TRANSMISSION
BY SPECIAL FEDERAL VOTERS. 1. A SPECIAL FEDERAL VOTER  MAY  DESIGNATE  A
PREFERENCE TO RECEIVE A VOTER REGISTRATION APPLICATION, A SPECIAL FEDER-
AL  BALLOT  APPLICATION  OR  A SPECIAL FEDERAL BALLOT BY MAIL, FACSIMILE
TRANSMISSION OR ELECTRONIC MAIL. SUCH DESIGNATION SHALL REMAIN IN EFFECT
UNTIL REVOKED OR CHANGED BY THE SPECIAL FEDERAL VOTER.    IF  A  SPECIAL
FEDERAL  VOTER  DOES  NOT DESIGNATE A PREFERENCE, THE BOARD OF ELECTIONS
SHALL TRANSMIT  THE  VOTER  REGISTRATION  APPLICATION,  SPECIAL  FEDERAL
BALLOT  APPLICATION  OR  SPECIAL  FEDERAL  BALLOT  BY MAIL. IF A SPECIAL
FEDERAL VOTER DESIGNATES A  PREFERENCE  FOR  FACSIMILE  TRANSMISSION  OR
ELECTRONIC  MAIL  BUT DOES NOT PROVIDE THE NECESSARY FACSIMILE NUMBER OR
E-MAIL ADDRESS, THE BOARD OF ELECTIONS SHALL TRANSMIT THE  VOTER  REGIS-
TRATION  APPLICATION,  SPECIAL  FEDERAL  BALLOT  APPLICATION  OR SPECIAL
FEDERAL BALLOT BY MAIL AND REQUEST THE OMITTED INFORMATION. ALL COMMUNI-
CATIONS TO THE SPECIAL FEDERAL VOTER SHALL INCLUDE THE  MAILING  ADDRESS
OF THE BOARD OF ELECTIONS.
  2.  IRRESPECTIVE OF THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY
A SPECIAL FEDERAL VOTER, A SPECIAL FEDERAL  VOTER'S  ORIGINAL  COMPLETED
VOTER  REGISTRATION  APPLICATION, SPECIAL FEDERAL BALLOT APPLICATION AND
SPECIAL FEDERAL BALLOT MUST BE RETURNED BY MAIL OR  IN  PERSON  NOTWITH-
STANDING THAT A PRIOR COPY WAS SENT TO THE BOARD OF ELECTIONS BY FACSIM-
ILE TRANSMISSION OR ELECTRONIC MAIL.
  S  15.  Subdivisions 1, 2 and 4 of section 11-204 of the election law,
subdivisions 1 and 2 as added by chapter 8  of  the  laws  of  1978  and
subdivision 4 as amended by chapter 262 of the laws of 2003, are amended
to read as follows:
  1.  The  registration  application  forms  shall  [contain  detachable
portions for the applicant's signature. Such portions shall be gummed on
the back for pasting on the registration poll records and  central  file
registration  records.  In  lieu  of  such  gummed portions the board of
elections may cause to  be  made,  under  its  supervision,  photostatic
copies of the applicant's signature as it appears on his application. In
such  case,  photostatic  copies  of  the applicant's signature shall be
pasted in the proper places upon  such  registration  poll  records  and
central  file registration records] BE IN A FORM PRESCRIBED BY THE STATE
BOARD OF ELECTIONS.
  2. Upon receipt of an application, the board of elections shall deter-
mine upon such inquiry as it deems  proper  whether  the  applicant  has
answered  all the questions contained in the application and whether the
applicant is legally qualified to receive and  vote  a  special  federal
ballot.  If  it finds he is not so qualified, the board shall reject the
application and shall notify the applicant of such  rejection  and  give
the  reason  or reasons therefor IN ACCORDANCE WITH THE PREFERRED METHOD
OF TRANSMISSION DESIGNATED BY THE VOTER PURSUANT TO  SECTION  11-203  OF
THIS  TITLE.  All  investigations  by  the  board  of elections shall be
concluded and all determinations made not later than the  twentieth  day
before election.
  4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it

S. 7466                            18                           A. 10681

shall  have so determined, or not later than thirty-two days before each
general or primary election and twelve days before each special election
in which such applicant is  qualified  to  vote,  or  three  days  after
receipt  of  such an application, whichever is later, mail to him OR HER
at the residence address outside the United States shown in his  OR  HER
application, a special federal ballot [and], an INNER AFFIRMATION envel-
ope  [therefor]  AND  AN OUTER ENVELOPE, OR OTHERWISE DISTRIBUTE SAME TO
THE VOTER IN ACCORDANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIG-
NATED BY THE VOTER PURSUANT TO SECTION 11-203 OF THIS TITLE.  The  board
of elections shall also mail, OR OTHERWISE DISTRIBUTE IN ACCORDANCE WITH
THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER PURSUANT TO
SECTION  11-203  OF THIS TITLE, a special federal ballot to every quali-
fied special federal voter who is already registered  and  who  requests
such  special  federal  ballot from such board of elections in a letter,
which is signed by the voter and received by the board of elections  not
later  than  the seventh day before the election for which the ballot is
first requested and which states the address where the voter  is  regis-
tered  and the address to which the ballot is to be mailed. The board of
elections shall enclose with such ballot a form  of  application  for  A
special federal ballot.
  S  16.  Section  11-216 of the election law is amended by adding a new
subdivision 3 to read as follows:
  3. (A) UPON THE PROCLAMATION OF A SPECIAL ELECTION BY THE GOVERNOR  OR
OTHERWISE PURSUANT TO LAW, EACH BOARD OF ELECTIONS SHALL, NOT LATER THAN
THREE DAYS AFTER THE ESTABLISHMENT OF THE DATE OF SUCH SPECIAL ELECTION,
TRANSMIT  BY  MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL IN ACCORD-
ANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY  THE  VOTER
PURSUANT  TO  SECTION  11-203 OF THIS TITLE, A FEDERAL WRITE-IN ABSENTEE
BALLOT TO ALL SPECIAL FEDERAL VOTERS ELIGIBLE TO VOTE BY SPECIAL FEDERAL
BALLOT IN SUCH SPECIAL ELECTION.
  (B) EACH BOARD OF  ELECTIONS  WHICH  IS  SERVED  WITH  A  COURT  ORDER
RESTRAINING  OR ENJOINING THE ISSUANCE OF BALLOTS IN ANY ELECTION, OTHER
THAN A SPECIAL ELECTION, IN WHICH ANY SPECIAL FEDERAL VOTER IS  ENTITLED
TO  RECEIVE  A  BALLOT  SHALL  IMMEDIATELY  NOTIFY  THE  STATE  BOARD OF
ELECTIONS OF SUCH  FACT  AND  SHALL  TRANSMIT  IN  ACCORDANCE  WITH  THE
PREFERRED  METHOD  OF  TRANSMISSION  DESIGNATED  BY THE VOTER, A FEDERAL
WRITE-IN ABSENTEE BALLOT TO ALL SPECIAL FEDERAL VOTERS ELIGIBLE TO  VOTE
IN SUCH ELECTION.
  (C) A SPECIAL FEDERAL VOTER WHO HAS RECEIVED A FEDERAL WRITE-IN ABSEN-
TEE BALLOT SHALL BE ENTITLED TO RECEIVE A CERTIFIED BALLOT NOTWITHSTAND-
ING THE PRIOR TRANSMISSION OF A FEDERAL WRITE-IN ABSENTEE BALLOT TO SUCH
VOTER PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.  SUCH CERTI-
FIED  SPECIAL  FEDERAL BALLOT SHALL BE SENT BY THE BOARD OF ELECTIONS IN
ACCORDANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED  BY  THE
SPECIAL FEDERAL VOTER PURSUANT TO SECTION 11-203 OF THIS TITLE, OR EXPE-
DITED  MAIL  IF THE SPECIAL FEDERAL VOTER HAS NOT EXPRESSED A PREFERENCE
TO RECEIVE SAME BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, AND HIS OR
HER REQUEST FOR A SPECIAL FEDERAL BALLOT WAS MADE  AT  LEAST  THIRTY-TWO
DAYS BEFORE THE ELECTION.
  S  17.  The  election law is amended by adding two new sections 11-219
and 11-220 to read as follows:
  S 11-219. SPECIAL FEDERAL VOTERS; PROHIBITING REFUSAL TO ACCEPT  VOTER
REGISTRATION  AND  SPECIAL  FEDERAL  BALLOT APPLICATIONS, MARKED SPECIAL
FEDERAL BALLOTS, AND FEDERAL WRITE-IN ABSENTEE BALLOTS  FOR  FAILURE  TO
MEET  CERTAIN  REQUIREMENTS. 1. A BOARD OF ELECTIONS SHALL NOT REFUSE TO
ACCEPT AND PROCESS ANY OTHERWISE VALID VOTER REGISTRATION APPLICATION OR

S. 7466                            19                           A. 10681

SPECIAL FEDERAL BALLOT APPLICATION (INCLUDING  THE  OFFICIAL  POST  CARD
FORM PRESCRIBED UNDER SECTION 101 OF THE UNIFORMED AND OVERSEAS CITIZENS
ABSENTEE  VOTING  ACT  (42 USC 1973FF)) OR MARKED SPECIAL FEDERAL BALLOT
SUBMITTED  BY  MAIL  OR PERSONALLY DELIVERED, SOLELY ON THE BASIS OF THE
FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  2. A BOARD OF ELECTIONS SHALL NOT REFUSE TO  ACCEPT  AND  PROCESS  ANY
OTHERWISE VALID FEDERAL WRITE-IN ABSENTEE BALLOT SUBMITTED IN ANY MANNER
BY A SPECIAL FEDERAL VOTER SOLELY ON THE BASIS OF THE FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  3. THE STATE BOARD OF ELECTIONS, IN COORDINATION WITH COUNTY BOARDS OF
ELECTIONS, SHALL DEVELOP A FREE ACCESS SYSTEM BY WHICH A SPECIAL FEDERAL
VOTER  MAY  DETERMINE  WHETHER THE SPECIAL FEDERAL BALLOT OF THE SPECIAL
FEDERAL VOTER HAS BEEN RECEIVED BY THE APPROPRIATE BOARD OF ELECTIONS.
  S 11-220. FEDERAL VOTING; APPLICABILITY  OF  GENERAL  PROVISIONS.  THE
GENERAL  PROVISIONS  OF THIS CHAPTER SHALL APPLY TO THIS ARTICLE, EXCEPT
AS THEY ARE INCONSISTENT HEREWITH. THE PROVISIONS OF THIS ARTICLE  SHALL
BE  LIBERALLY  CONSTRUED  FOR  THE  PURPOSE OF PROVIDING SPECIAL FEDERAL
VOTERS THE OPPORTUNITY TO VOTE. THE STATE BOARD OF ELECTIONS SHALL  HAVE
POWER  TO  ADOPT AND PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS
OF THIS ARTICLE.
  S 18. This act shall take effect immediately.

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2009-A10681A - Details

Law Section:: Election Law
Laws Affected:: Amd El L, generally

2009-A10681A - Summary

2009-A10681A - Sponsor Memo

                                BILL NUMBER:A10681A

TITLE OF BILL:  An act to amend the election law, in relation to mili-
tary ballots, special federal ballots and absentee ballots

PURPOSE OR GENERAL IDEA OF BILL: This bill would enact certain
provisions that are required by federal law and is intended to increase
the opportunity for military and special federal voters to cast their
votes within a timeframe that allows those votes to be counted. It also
streamlines the absentee ballot application to eliminate extraneous
information that is not required by the New York. Constitution.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends election. law § 3-220(1) to provide that a
voter's facsimile number will not be released for public inspection by
the board of elections.

Section 2 of the bill amends election law § 7-123, which defines a mili-
tary ballot. It would:

A) replace the existing military voter oath with the federal affirma-
tion. This will eliminate the need to indicate if the military voter is
a service person or the family member of a service person;

B) clarify what will be printed on the ballot envelope, including the

sworn affirmation, voter identification information and instructions to
the voter;

C) direct that the board of elections fill in the voter identification
information on a ballot envelope that was received by a voter via mail
before it is sent to the voter and fill in the voter identification
information on a ballot envelope that was received by a voter electron-
ically after it is received by the board;

D) clarify the instruction on the ballot envelope for returning an
original signed ballot application to the appropriate board within the
timeframe for receipt of the ballot itself;

E) provide that a military voter who designated a preference to receive
a ballot by electronic means shall receive instruction for creating a
ballot envelop that contains all of the required information;

F) clarify when a ballot must be returned to the board in order to be
counted and that a signed military ballot application shall not be
returned in the ballot envelope to address an issue recently raised in
Matter of Stewart v Chautauqua County Bd. of Elections (14 NY3d 139
(2010));

G) clarify the information which must be contained on the outer envelope
addressed to the board and instructions for returning the sealed ballot

envelope containing the marked ballot and, if necessary, the original
signed ballot application within the outer envelope;

H) provide that an outer envelope that is created by a military voter
must include the language that allows the voter to have a witness's name
and date instead of a postmark; and

I) provide that the ballot, 'ballot envelope and outer envelope be
mailed to the voter in a third envelope or, if a voter has designated a
preference for electronic transmission of ballot materials, that the
voter be sent instructions for creating an outer envelope containing all
necessary information.

Section 3 of the bill amends election law 5 7-124, which defines a
special federal ballot, to incorporate all the same changes that were
made in section 2 of the bill for military ballots, except that the
special federal voter outer envelope will not allow a witness instead of
a postmark.

Section 4 of the bill amends election law 5 8-400(d) to provide that a
military voter may request, in addition to a military ballot, a voter
registration and an absentee ballot in a letter or by facsimile or elec-
tronic mail;

Section 5 of the bill renumbers election law § 9-209 and amends the
section to provide that:

A) the board of elections shall cast and canvass any federal write-in
absentee ballots validly cast by a military voter for all questions,
proposals, public offices and party positions for which such voter is
entitled to vote;

B) a military voter may use a federal write-in absentee ballot from
inside or outside the United States; and

C) a federal write-in absentee ballot may be returned 13 days after a
general or special election and 7 days after a primary election.
Section 6 of the bill amends .election law § 10-102(1) and (2) to
conform the definition of "military service" and "military voter" to
federal law.

Section 7 of the bill amends election law § 10-106(3), (4) and (11) to
provide that a military voter may:

A) request a voter registration application or a military ballot appli-
cation by facsimile transmission or electronic mail;

B) designate a preference for transmission of registration and ballot
materials;

C) obtain documents from the board of elections via the designated
preferred method; and

D) have a family member request a military ballot for a military voter
stationed inside, as well as outside, the United States.

Procedures for transmitting documents to and receiving documents from
military voters shall, to the extent practicable, protect the security
and integrity of the process and the identity and personal data of the
voter; provided that this paragraph shall not limit the information that
may be obtained by the public pursuant to election law § 3-220.

Section 8 of the bill would add a new section 10-107 in the election law
to authorize a military voter to designate a preferred method of trans-
mission of registration and ballot materials. This designation will
remain in effect until changed by the voter. Without such a designation,
the default method is mail. If a voter designates another method but
does not send a facsimile number or an email address, the materials
would be sent by mail with a request for the omitted information. All
communications with the voter will include the mailing address of the
board of elections. Regardless of the designation, all original
completed applications and ballots must be returned to the. board of
elections by mail or in person.

Section 9 of the bill amends election law 5 10-108(1) to provide that
military ballots will be sent to the voter via the preferred trans-
mission method. In addition, within 3 days of the scheduling of a
special election or upon a court restraining the issuance of ballots,
all military voters will be sent a federal write-in absentee ballot.
Upon the certification of the ballot, all military - voters will be sent
such certified ballot via the preferred method of transmission, notwith-
standing the prior transmission of the federal write-in absentee ballot.

Section 10 of the bill amends election law § 10-112(1) to clarify the
way a military voter will prepare the ballot for return to the board of
elections.

Section 11 of the bill would add a new section 10-125 in the election
law to prohibit the board of elections from refusing to accept voter
registration applications, ballot applications, ballots or federal
write-in absentee ballots solely on the basis of notarization require-
ments, paper type or envelope type.

This section also requires the boards of elections to establish a free
access system by which a military voter may determine if the board of
elections has received the voter's ballot.

Section 12 of the bill amends election law § 11-106(1) deletes outdated
language regarding the pasting of a special federal voters signature in
the poll book and provides that application forms shall be in a form
prescribed by the state board of elections.

Section 13 of the bill amends election law § 11-202(1)(d) and adds 2 new
paragraphs (e) and (f) to provide that a special federal voter may:

A) request a voter registration application or a special federal ballot
application by facsimile transmission or electronic mail;

B) designate a preference for transmission of registration and ballot
materials; and

C) obtain documents from the board of elections via the designated
preferred method.

Procedures for transmitting documents to and receiving documents from
special federal voters shall, to the extent practicable, protect the
security and integrity of the process and the identity and personal data
of the voter; provided that this paragraph shall not limit the informa-
tion that may be obtained by the public pursuant to election law
3-220.

Section 14 of the bill adds a new section 11-203 to election law to
authorize a special federal voter to designate a preferred method of
transmission of registration and ballot materials. This designation will
remain in effect until changed by the voter. Without such a designation,
the default method is mail. If a voter designates another method but
does not send a facsimile number or an email address, the materials
would be sent by mail with a request for the omitted information. All
communications with the voter will include the mailing address of the
board of elections. Regardless of the designation, all original
completed applications and ballots must be returned to the board of
elections by mail or in person.

Section 15 of the bill amends election law § 11-204(1), (2) and (4)to
delete outdated language regarding the pasting of a special federal
voters signature in the poll book and provides instead that application
forms shall be in a form prescribed by the state board of elections. It
also provides that the board of elections will contact or send materials
to a special federal voter pursuant to the voter's preferred method of
transmission.

Section 16 of the bill amends election law § 11-216 to add a new subdi-
vision 3 to provide that within 3 days of the scheduling of a special
election or upon a court restraining the issuance of ballots, all
special federal voters will be sent a federal write-in absentee ballot.
Upon the certification of the ballot, all special federal voters will be
sent such certified ballot via the preferred method of transmission,
notwithstanding the prior transmission of the federal write-in absentee
ballot.

Section 17 of the bill adds section 11-219 and 11-220 to the election
law. Section 11-219 would prohibit the board of elections from refusing
to accept voter registration applications, ballot applications, ballots
or federal write-in absentee ballots solely on the basis of notarization
requirements, paper type or envelope type.

This section also requires the boards of elections to establish a free
access system by which a military voter may determine if the board of
elections has received the voter's ballot.

Section 11-220 would clarify that the general provisions of the election
law apply to the special federal voter except where they are inconsist-
ent with the law specifically addressed to special federal voters; that
the law should be liberally construed to allow special federal voters to
vote and that the state board of elections may adopt regulations to
effectuate the provisions addressed to special federal voters. These are
the same provisions that currently exist for military voters in election
law § 10-126.

Section 18 contains the effective date.

JUSTIFICATION: In New York, military voters are sent "military ballots"
that are identical to the generic absentee ballot used in New York
because military voters can vote in all federal, state and local races.
However, the application and sworn statement required for a military
ballot is different from that used by a generic absentee voter because
the qualifications to receive a military ballot is different from the
qualifications to receive an absentee ballot.

In contrast, overseas voters, American citizens that once lived in the
United States but no longer do, are called special federal voters in New
York and are sent "special federal ballots" that are different from
generic absentee ballots. Pursuant to federal and state law, these
voters may vote in federal races but not state and local races.

There is a growing concern nationwide about military and special federal
voters' ability to cast an absentee ballot that will arrive timely and
be counted. For several years, New York extended the effective date of a
law that sought to address this issue. In 2008, New York law was amended
to allow, for the first time, military and special federal voters to
request a ballot by facsimile or email. It also permanently expanded the
deadline for receipt of such ballots to 13 days after a general or
special election and 7 days after a primary. Finally, it made permanent
the provision that allows a military voter to have a witness sign and
date his or her ballot transmittal envelope instead of obtaining a post-
mark.

In late 2009, Congress enacted and the President signed the National
Defense Authorization Act (P.L. 111-84), which included the bipartisan
Military and Overseas Voter Empowerment (MOVE) Act of 2009. The federal
law is intended to Provide minimal standards for absentee ballot trans-
mission to military and overseas voters in federal elections to ensure
that they have sufficient lead time to request, complete and return
their absentee ballots. All states must comply with the federal require-
ments.

The federal law has 2 significant components that affect state election
law:

(1) states must allow military voters to designate a preferred method of
transmission to the voter of voting materials, including a form of elec-
tronic transmission; and

(2) states must send ballots to military and special federal voters 45
days before an election.

However, the federal law reflects the fact that at least 10 states,
including New York, have fall primary elections that may prevent the
finalization of the general election ballot 45 days before that general
election and, therefore, the 45 day time frame may be impossible to meet
without moving the fall primary election. The law allows states to seek
a hardship waiver of the 45 day requirement because of the date of the
primary, because of a delay in generating ballots because of a legal
contest or because the state constitution prohibits the state from
complying with the time frame requirements.  The state's Chief Election
Official applies for the waiver from the Department of Defense, which
consults the Attorney General and, if the state's comprehensive plan is
sufficient, the waiver must be granted. The waiver is only good for the
election for which it was submitted.

A number of the states with fall primary elections, including New Hamp-
shire, Wisconsin and Hawaii, require that absentee ballots be returned
by the voter to the board of elections no later than election day. This
means that such states would have to send the ballots out 45 days before
the election to meet the federal mandate. In contrast, in New York, the
boards of elections could send out ballots 32 days before an election,
as current law requires, because pursuant to the law that was enacted
last year in New York, the deadline for receipt of such ballots is 13
days after a general or special election and 7 days after a primary..
Therefore, in most circumstances, New York military and special federal
ballots would have 45 days to make the "round trip" from the board of
elections to the voter and back to the board of elections.

This bill would build on last year's law and form the basis for New
York's comprehensive plan to.support a waiver of the requirement that
ballots be mailed to military and overseas voters 45 days before an
election in every circumstance. It includes a number of provisions that
will promote the timely receipt of military and special federal ballots.
These include:

(1) a requirement that a military and a special federal voter be sent a
federal write-in absentee ballot:

a) within 3 days of the scheduling of a special election; or

b) whenever a board of elections is served with a court order restrain-
ing the timely issuance of ballots due to ongoing litigation;

(2) a requirement that upon the conclusion of litigation affecting the
content of the ballot within 32 days of the election, the board of
elections must transmit a certified ballot to any military and special

federal voter who previously was sent a federal write-in absentee
ballot; and

(3) authorization for military voters to use the federal write-in absen-
tee ballot for state and local races.

This bill, when coupled with the new requirement that military and
special federal voters must be allowed to designate a preferred method
of transmission of voting materials to the voter, including by fax and
email, will greatly reduce the round trip of military and special feder-
al ballots, promote the timely receipt of such ballots and increase the
participation of military and overseas voters in the democratic process
in New York.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: Federal funding is available to pay for the voter
interactive computer tool that county board of elections will use to
send materials to voters via email. Counties will assume the cost of
additional mailings.

EFFECTIVE DATE: This bill would take effect immediately.

2009-A10681A - Bill Text download pdf

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

                                10681--A

                          I N  A S S E M B L Y

                             April 14, 2010
                               ___________

Introduced by M. of A. SILVER, KOLB, MILLMAN, MAGNARELLI, GALEF, MOLINA-
  RO  --  read  once  and  referred  to the Committee on Election Law --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  election  law, in relation to military ballots,
  special federal ballots and absentee ballots

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section 3-220 of the election law, as
amended by chapter 179 of the laws  of  2005,  is  amended  to  read  as
follows:
  1.  All  registration  records,  certificates,  lists, and inventories
referred to in, or required by, this chapter shall be public records and
open to public inspection under the immediate supervision of  the  board
of elections or its employees and subject to such reasonable regulations
as  such  board  may  impose, provided, however, that a voter's driver's
license number, department of motor vehicle non-driver photo  ID  number
[and], social security number AND FACSIMILE NUMBER shall not be released
for  public inspection.  No such records shall be handled at any time by
any person other than a member of  a  registration  board  or  board  of
inspectors  of  elections  or  board  of elections except as provided by
rules imposed by the board of elections.
  S 2. Section 7-123 of the election law, subdivisions 1, 2, 4-a, 5  and
6  as  amended  by  chapter  290  of  the laws of 1991, subdivision 3 as
amended by chapter 235 of the laws of 2000, subdivision 4 as amended  by
chapter 247 of the laws of 1984, subdivision 4-b as added by chapter 262
of  the  laws  of  2003 and subdivision 7 as added by chapter 237 of the
laws of 2005, and such section as renumbered by chapter 8 of the laws of
1978, is amended to read as follows:
  S 7-123. Ballots; military voters. 1. The state  board  of  elections,
after  conferring  with  federal authorities, if any, authorized to act,
shall prescribe the form and cause to  be  printed  by  the  appropriate
boards  of elections or otherwise sufficient ballots for military voters
to be used at the election, subject to the following limitations:

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

                                                           LBD16840-03-0

A. 10681--A                         2

  2. The ballots for military voters shall be the same form as those  to
be  voted  by  absentee  voters in the election district of the military
voter on  election  day.  Any  instructions  that  the  state  board  of
elections  deems pertinent shall accompany such ballots but shall not be
affixed  thereto  in any manner so as to leave any marks on such ballots
not found on absentee ballots.
  3. [Each ballot shall  be  furnished  with  a  ballot]  THE  BOARD  OF
ELECTIONS SHALL FURNISH AN INNER AFFIRMATION envelope WITH EACH MILITARY
BALLOT upon which ENVELOPE shall be printed:

                        BALLOT FOR MILITARY VOTER
                         [STATEMENT] AFFIRMATION

[I do state (or affirm) that I am (MUST CHECK ONE)

(a) in the actual military service of the State of New
    York, or of the United States ................................... []

(b) the spouse ...................................................... []

(c) parent .......................................................... []

(d) child ........................................................... []

of a voter in the actual military service of the State of New York or of
the  United States, accompanying or being with such voter and a resident
of the same election district; that I am a citizen of the United States;
that on the date of the election for which this ballot is voted  I  will
be  at  least  eighteen years of age and immediately preceding said date
will have been a resident of the county, city  or  village  in  which  I
offer  my  vote  for thirty days, that I have not voted any other ballot
for any candidate from any address other than hereinafter set forth; and
that I have not committed any act, nor am I under any  impediment  which
denies me the right to vote.

My voting residence in the State of New York is:
Street and Number, or R.F.D. ...........................................
City, Village or Town ..................................................
County .................................................................
  I  hereby  declare, that the foregoing is a true statement to the best
of my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of military voter, I shall be
guilty of a misdemeanor.]
  I SWEAR OR AFFIRM, UNDER PENALTY OF PERJURY, THAT:
  (A) I AM A MEMBER OF THE UNIFORMED  SERVICES  OR  MERCHANT  MARINE  ON
ACTIVE  DUTY OR AN ELIGIBLE SPOUSE, PARENT, CHILD OR DEPENDENT OF SUCH A
MEMBER, AND
  (B) I AM A UNITED STATES CITIZEN, AT LEAST EIGHTEEN YEARS OF  AGE  (OR
WILL  BE  BY THE DAY OF THE ELECTION), ELIGIBLE TO VOTE IN THE REQUESTED
JURISDICTION, AND
  (C) I HAVE NEITHER BEEN CONVICTED OF A FELONY OR  OTHER  DISQUALIFYING
OFFENSE  NOR  BEEN ADJUDICATED MENTALLY INCOMPETENT, OR IF SO, MY VOTING
RIGHTS HAVE BEEN REINSTATED, AND
  (D) I AM NOT REGISTERING, REQUESTING A BALLOT, OR VOTING IN ANY  OTHER
JURISDICTION IN THE UNITED STATES, AND

A. 10681--A                         3

  (E)  MY  SIGNATURE AND DATE BELOW INDICATE WHEN I COMPLETED THIS DOCU-
MENT, AND
  (F)  THE  INFORMATION ON THIS FORM IS TRUE AND COMPLETE TO THE BEST OF
MY KNOWLEDGE.
  I UNDERSTAND THAT A MATERIAL MISSTATEMENT OF FACT IN THE COMPLETION OF
THIS DOCUMENT MAY CONSTITUTE GROUNDS FOR CONVICTION OF PERJURY.

Date .......... 20....
                                        ................................
                                         Signature or mark of voter
                                        ................................
                                         Signature of Witness (required
                                         only if voter does not sign his
                                         or her own name)
                                        ................................
                                         Address of Witness

  4.  On the reverse side of the  [ballot]  INNER  AFFIRMATION  envelope
[containing the statement of military voter] shall be printed:

               TO BE FILLED IN BY THE BOARD OF ELECTIONS:

  FOR..........ELECTION......... 20......
  County of................................................................
  Name of voter............................................................
  Voting residence (street and number, if any).............................
  City (or town) of..............Ward......................................
  Assembly District..............Election District.........................
  Party Enrollment (in case of primary election)...........................

  IMPORTANT TO MILITARY VOTER: [Be sure to indicate in (a), (b), (c), or
(d),  whether  you  are a serviceman or the spouse, parent or child of a
serviceman in the statement before you sign your name at the end of  the
statement.]  YOU  MUST  SIGN THE [STATEMENT] AFFIRMATION ON [THE REVERSE
SIDE OF] THIS ENVELOPE.
  [4-a.] 5. THE INFORMATION IN SUBDIVISION FOUR OF THIS SECTION SHALL BE
FILLED IN BY THE BOARD OF ELECTIONS PRIOR TO THE MAILING OF ANY MILITARY
BALLOT AND ENVELOPES IF THE MILITARY VOTER'S PREFERRED METHOD OF  TRANS-
MISSION  WITH  THE BOARD OF ELECTIONS IS BY MAIL, OR IT MAY BE FILLED IN
BY THE BOARD OF ELECTIONS UPON THE  RECEIPT  OF  THE  RETURNED  MILITARY
BALLOT  AND ENVELOPE WHERE THE BALLOT AND ENVELOPE HAVE BEEN TRANSMITTED
TO THE MILITARY VOTER OTHER THAN BY MAIL OR IN PERSON.
  6. The INNER AFFIRMATION envelope, IF DELIVERED BY MAIL OR IN  PERSON,
shall  be  gummed[,] AND ready for sealing[, and]. SUCH ENVELOPE, OR ANY
CREATED BY THE MILITARY VOTER WHO HAS RECEIVED  HIS  OR  HER  BALLOT  BY
FACSIMILE  TRANSMISSION  OR  ELECTRONIC  MAIL  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SUBDIVISION THREE-A OF THIS SECTION,  shall  have  printed
thereon, on the side opposite the [statement,] AFFIRMATION, instructions
as to the duties of the military voter after the marking of the ballot[,
which].   SUCH  instructions  shall  include  [a]  specific  [direction]
DIRECTIONS stating that the [envelope] BALLOT must be RETURNED IN PERSON
OR mailed to the appropriate board of elections [and a  specific  direc-
tion  stating],  when  [such]  THE OUTER envelope must be postmarked, IF
MAILED, and when such envelope, WHETHER RETURNED IN  PERSON  OR  MAILED,
must  reach such board of elections in order to be canvassed. Such INNER
AFFIRMATION envelope shall also include a direction that an  application

A. 10681--A                         4

for  A military ballot should not be enclosed in [such] THE INNER AFFIR-
MATION envelope CONTAINING SUCH BALLOT.
  [4-b.  Notwithstanding any inconsistent provision of law, the standard
affirmation prescribed by the presidential designee under the  uniformed
and  overseas  citizens  absentee  voting  act affirming that a material
misstatement of fact may constitute a violation of law shall be used  on
any  forms  and  envelopes  requiring  such an affirmation by a voter to
which such act applies.
  5.] 7. IF A MILITARY VOTER HAS DESIGNATED A PREFERENCE TO RECEIVE  HIS
OR  HER  BALLOT BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL PURSUANT TO
SECTION 10-107 OF THIS CHAPTER, THE TRANSMISSION OF THE MILITARY VOTER'S
BALLOT SHALL INCLUDE, TOGETHER WITH ALL  INFORMATION  AND  INSTRUCTIONAL
MATERIALS THAT ACCOMPANY BALLOT MATERIALS SENT BY THE BOARD OF ELECTIONS
TO  OTHER ABSENTEE VOTERS, APPROPRIATE INSTRUCTIONS AS TO THE FOLDING OF
SAME SO AS TO CREATE AN INNER AFFIRMATION ENVELOPE CONTAINING ALL OF THE
INFORMATION SET FORTH IN  SUBDIVISIONS  THREE,  FOUR  AND  SIX  OF  THIS
SECTION.
  8. Such [ballot] INNER AFFIRMATION envelope [and] CONTAINING THE mili-
tary ballot shall be enclosed in [a second] AN OUTER envelope, addressed
to  the  appropriate  board  of  elections,  and bearing on it the words
"Official Election Ballot--Via Air Mail"[, and a].  THE  OUTER  ENVELOPE
SHALL  INCLUDE  specific  [direction]  DIRECTIONS  that  if  an ORIGINAL
COMPLETED application for a military ballot [is received with such mili-
tary ballot] HAS NOT ALREADY BEEN RETURNED IN PERSON OR  MAILED  TO  THE
MILITARY  VOTER'S BOARD OF ELECTIONS, such application must be completed
by the military voter and returned [in such envelope together  with  the
envelope  containing the military ballot] IN THE OUTER ENVELOPE WITH THE
SEALED INNER AFFIRMATION ENVELOPE CONTAINING THE MILITARY BALLOT  WITHIN
THE  TIME  LIMITS  FOR  THE RECEIPT OF THE MILITARY BALLOT ITSELF.  Such
envelope shall provide lines in the upper left corner for  the  military
voter to write his OR HER name and complete military address.
  [6.] 9. The [second] OUTER envelope addressed to the appropriate board
of  elections  and  the  INNER  AFFIRMATION  envelope which contains the
ballot shall be mailed to the military voter  in  a  third  envelope  on
which is printed the words "Official Election Ballot--Via Air Mail".
  [7.] 10. At the side opposite the address on the [second] OUTER envel-
ope, below the gummed seal, FOR A BALLOT DELIVERED BY MAIL OR IN PERSON,
OR  BELOW  THE  FLAP  FOR  A BALLOT TRANSMITTED TO THE MILITARY VOTER BY
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, shall be printed:

This ballot was mailed on _________ which is not later than the
                           (date)
day before the election.

_______________               _____________
Signed (Witness)                  Date
  11.   IF THE MILITARY VOTER'S  PREFERRED  METHOD  OF  TRANSMISSION  IS
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, THE ELECTRONIC TRANSMITTAL OF
THE   MILITARY   VOTER'S  BALLOT  MATERIALS  SHALL  INCLUDE  APPROPRIATE
INSTRUCTIONS AS TO THE FOLDING OF SAME SO AS TO CREATE AN OUTER ENVELOPE
CONTAINING ALL OF THE INFORMATION SET FORTH IN  SUBDIVISIONS  EIGHT  AND
TEN OF THIS SECTION.
  S  3.  Section 7-124 of the election law, as added by chapter 8 of the
laws of 1978, subdivision 1 as amended by chapter 259  of  the  laws  of
1991,  subdivisions  2  and  3  as amended by chapter 235 of the laws of

A. 10681--A                         5

2000, subdivision 4 as amended by chapter 99 of the  laws  of  1989  and
subdivision  5 as amended by chapter 216 of the laws of 1988, is amended
to read as follows:
  S  7-124.  Ballots  [for];  special federal voters. 1. The ballots for
special federal voters shall provide for  voting  for  presidential  and
vice-presidential  electors,  United  States  senator, representative in
congress, and delegates and alternate delegates to a national convention
only and shall be in the form prescribed by this  chapter  for  absentee
ballots, except that on either the front or the back of the ballot shall
be  printed  or  stamped  the  words  "Official  Ballot--Special Federal
Voter", provided, however, that at any election at which special federal
voters may vote for all the offices and positions on the ballot, no such
separate ballot shall be printed and  the  ballot  for  special  federal
voters  shall  be  the same as the ballot provided to absentee voters in
such election.
  2. The board of elections shall furnish AN INNER AFFIRMATION  ENVELOPE
with  each special federal ballot [an envelope. On one side of the] UPON
WHICH envelope shall be printed:
  I SWEAR OR AFFIRM, UNDER PENALTY OF PERJURY, THAT:
  (A) I AM A UNITED STATES CITIZEN RESIDING OUTSIDE THE  UNITED  STATES,
AND
  (B)  I AM AT LEAST EIGHTEEN YEARS OF AGE (OR WILL BE BY THE DAY OF THE
ELECTION), ELIGIBLE TO VOTE IN THE REQUESTED JURISDICTION, AND
  (C) I HAVE NEITHER BEEN CONVICTED OF A FELONY OR  OTHER  DISQUALIFYING
OFFENSE  NOR  BEEN ADJUDICATED MENTALLY INCOMPETENT, OR IF SO, MY VOTING
RIGHTS HAVE BEEN REINSTATED, AND
  (D) I AM NOT QUALIFIED TO REGISTER, REQUEST A BALLOT, OR VOTE  IN  ANY
OTHER JURISDICTION IN THE UNITED STATES, AND
  (E)  MY  SIGNATURE AND DATE BELOW INDICATE WHEN I COMPLETED THIS DOCU-
MENT, AND
  (F) THE INFORMATION ON THIS FORM IS TRUE AND COMPLETE TO THE  BEST  OF
MY KNOWLEDGE.
  I UNDERSTAND THAT A MATERIAL MISSTATEMENT OF FACT IN THE COMPLETION OF
THIS DOCUMENT MAY CONSTITUTE GROUNDS FOR CONVICTION OF PERJURY.

DATE......... 20......
                                         ...............................
                                         SIGNATURE OR MARK OF VOTER
                                         ...............................
                                         SIGNATURE OF WITNESS (REQUIRED
                                         ONLY IF VOTER DOES NOT SIGN HIS
                                         OWN NAME)
                                         ...............................
                                         ADDRESS OF WITNESS

  3.  ON  THE  REVERSE  SIDE  OF THE INNER AFFIRMATION ENVELOPE SHALL BE
PRINTED:

      [OFFICIAL BALLOT, SPECIAL FEDERAL VOTERS,] TO BE FILLED IN BY
                         THE BOARD OF ELECTIONS

FOR..........ELECTION......... 20......

Name of voter ..........................................................
Residence from which vote is being cast:

A. 10681--A                         6

  Street and number ....................................................
  City or town .........................................................
  County ...............................................................
  Assembly District or Ward ............................................
  Election District ....................................................
  Party Enrollment (in case of primary election) .......................

  [The date of the election and the name of the county shall be printed,
and  the  name  of the voter, residence, name of town, number of ward or
assembly district, if any, and election district shall be either printed
or written or stamped in by the  board]  IMPORTANT  TO  SPECIAL  FEDERAL
VOTER: YOU MUST SIGN THE AFFIRMATION ON THIS ENVELOPE.
  [3.  On the reverse side of such envelope shall be printed the follow-
ing statement:

                   STATEMENT OF SPECIAL FEDERAL VOTER

  I  do declare I am a qualified special federal voter of said district;
that I am not qualified and am not able to  qualify  to  vote  elsewhere
than  as set forth on the reverse side of this envelope; that I have not
committed any act nor am I under any  impediment  which  denies  me  the
right to vote.
  I hereby declare that the foregoing is a true statement to the best of
my  knowledge  and  belief, and I understand that if I make any material
false statement in the foregoing statement,  I  shall  be  guilty  of  a
misdemeanor.

Date......... 20......
                                         ...............................
                                         Signature or mark of voter
                                         ...............................
                                         Signature of Witness (required
                                         only if voter does not sign his
                                         own name)
                                         ...............................
                                         Address of Witness]

  4.    THE  INFORMATION  IN  SUBDIVISION THREE OF THIS SECTION SHALL BE
FILLED IN BY THE BOARD OF ELECTIONS PRIOR TO THE MAILING OF ANY  SPECIAL
FEDERAL  BALLOT  AND  ENVELOPES IF THE SPECIAL FEDERAL VOTER'S PREFERRED
METHOD OF TRANSMISSION WITH THE BOARD OF ELECTIONS IS BY MAIL, OR IT MAY
BE FILLED IN BY THE BOARD OF ELECTIONS  UPON  RECEIPT  OF  THE  RETURNED
SPECIAL  FEDERAL  BALLOT  AND ENVELOPE WHEN THE BALLOT AND ENVELOPE HAVE
BEEN TRANSMITTED TO THE SPECIAL FEDERAL VOTER OTHER THAN BY MAIL  OR  IN
PERSON.
  5.  The INNER AFFIRMATION envelope, IF DELIVERED BY MAIL OR IN PERSON,
shall be gummed[,] AND ready for sealing[, and]. SUCH ENVELOPE,  OR  ANY
CREATED  BY  THE  SPECIAL  FEDERAL  VOTER  WHOSE BALLOT WAS DELIVERED BY
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL IN ACCORDANCE WITH SUBDIVISION
TWO-A OF THIS SECTION, shall have printed thereon, on the side  opposite
the  [statement] AFFIRMATION, instructions as to the duties of the voter
after the marking  of  the  ballot[,  which].  SUCH  instructions  shall
include  [a] specific [direction] DIRECTIONS stating that the [envelope]
BALLOT must be [delivered] RETURNED IN PERSON or mailed to the appropri-
ate board of elections [and a specific direction stating],  when  [such]
THE  OUTER  envelope  must  be  [delivered or postmarked] POSTMARKED, IF

A. 10681--A                         7

MAILED, and when such envelope,  [if  so  mailed]  WHETHER  RETURNED  IN
PERSON  OR  MAILED,  must  reach  such board of elections in order to be
canvassed.  SUCH INNER AFFIRMATION ENVELOPE SHALL ALSO INCLUDE A  DIREC-
TION  THAT  AN  APPLICATION  FOR  A SPECIAL FEDERAL BALLOT SHOULD NOT BE
ENCLOSED IN THE INNER AFFIRMATION ENVELOPE CONTAINING SUCH BALLOT.
  [5. Such envelope shall be enclosed in a second envelope bearing on it
the address of the board of  elections,  the  words  "Official  Election
Balloting  Material--Via  Air  Mail" and a specific direction that if an
application for special federal ballot is received with the ballot, such
application must be completed by the voter and returned in such envelope
together with the envelope containing the special federal ballot.]
  6. IF A SPECIAL FEDERAL VOTER HAS DESIGNATED A PREFERENCE  TO  RECEIVE
HIS  OR HER BALLOT BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL PURSUANT
TO SECTION 11-203 OF THIS  CHAPTER,  THE  TRANSMISSION  OF  THE  SPECIAL
FEDERAL  VOTER'S BALLOT SHALL INCLUDE, TOGETHER WITH ALL INFORMATION AND
INSTRUCTIONAL MATERIALS THAT ACCOMPANY  BALLOT  MATERIALS  SENT  BY  THE
BOARD OF ELECTIONS TO OTHER ABSENTEE VOTERS, APPROPRIATE INSTRUCTIONS AS
TO THE FOLDING OF SAME SO AS TO CREATE AN ENVELOPE CONTAINING ALL OF THE
INFORMATION  SET  FORTH  IN  SUBDIVISIONS  TWO,  THREE  AND FIVE OF THIS
SECTION.
  7. SUCH INNER AFFIRMATION  ENVELOPE  CONTAINING  THE  SPECIAL  FEDERAL
BALLOT SHALL BE ENCLOSED IN AN OUTER ENVELOPE ADDRESSED TO THE APPROPRI-
ATE  BOARD  OF ELECTIONS, AND BEARING ON IT THE WORDS "OFFICIAL ELECTION
BALLOT--VIA  AIR  MAIL".  THE  OUTER  ENVELOPE  SHALL  INCLUDE  SPECIFIC
DIRECTIONS  THAT  IF  AN  ORIGINAL  COMPLETED  APPLICATION FOR A SPECIAL
FEDERAL BALLOT HAS NOT ALREADY BEEN DELIVERED OR MAILED TO  THE  SPECIAL
FEDERAL  VOTER'S  BOARD OF ELECTIONS, SUCH APPLICATION MUST BE COMPLETED
BY THE SPECIAL FEDERAL VOTER AND RETURNED IN THE OUTER ENVELOPE WITH THE
SEALED INNER AFFIRMATION ENVELOPE CONTAINING THE SPECIAL FEDERAL  BALLOT
WITHIN  THE  TIME  LIMITS  FOR THE RECEIPT OF THE SPECIAL FEDERAL BALLOT
ITSELF.  SUCH ENVELOPE SHALL PROVIDE LINES IN THE UPPER LEFT CORNER  FOR
THE  SPECIAL FEDERAL VOTER TO WRITE HIS OR HER NAME AND COMPLETE SPECIAL
FEDERAL ADDRESS.
  8. THE OUTER ENVELOPE ADDRESSED TO THE APPROPRIATE BOARD OF  ELECTIONS
AND  THE  INNER  AFFIRMATION ENVELOPE WHICH CONTAINS THE BALLOT SHALL BE
MAILED TO THE SPECIAL FEDERAL VOTER IN A  THIRD  ENVELOPE  ON  WHICH  IS
PRINTED THE WORDS "OFFICIAL ELECTION BALLOT--VIA AIR MAIL".
  9.  IF THE SPECIAL FEDERAL VOTER'S PREFERRED METHOD OF TRANSMISSION IS
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, THE ELECTRONIC TRANSMITTAL OF
THE SPECIAL FEDERAL VOTER'S BALLOT MATERIALS SHALL  INCLUDE  APPROPRIATE
INSTRUCTIONS AS TO THE FOLDING OF SAME SO AS TO CREATE AN OUTER ENVELOPE
CONTAINING ALL OF THE INFORMATION SET FORTH IN SUBDIVISION EIGHT OF THIS
SECTION.
  S  4.  Paragraph (d) of subdivision 2 of section 8-400 of the election
law, as amended by chapter 165 of the laws of 2009, 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 a letter, which is
signed 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

A. 10681--A                         8

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.
  S 5. Section 9-209 of the election law, as amended by chapter  251  of
the  laws  of 1984, the section heading, the opening paragraph and para-
graph a of subdivision 2 as amended by chapter 179 of the laws of  2005,
paragraph  a  of  subdivision 1 as amended by chapter 165 of the laws of
2009, subparagraph 3 of paragraph a of subdivision 2 as added by chapter
248 of the laws of 2009, paragraph b of subdivision 2 as added and para-
graphs c and e of subdivision 2 as relettered by chapter 94 of the  laws
of  1987,  subparagraph  1  of  paragraph b of subdivision 2 as amended,
subparagraph 2 of paragraph b of subdivision 2 as added and subparagraph
3 of paragraph b of subdivision 2 as renumbered by chapter  155  of  the
laws  of  1994,  paragraph c of subdivision 2 as added by chapter 352 of
the laws of 1986 and paragraph d of subdivision 2 as amended by  chapter
79 of the laws of 1992, is amended to read as follows:
  S 9-209. Canvass of absentee, military and special ballots and ballots
cast  by  voters  with  registration  poll  records  missing  on days of
election or voters who have not had their identity  previously  verified
or  who  have  moved after registering. Before completing the canvass of
votes cast in any primary, general, special, or other election at  which
voters  are  required  to  sign  their  registration poll records before
voting, the board of elections shall proceed in the  manner  hereinafter
prescribed to cast and canvass any absentee, military, special presiden-
tial,  special  federal or other special ballots which were not cast and
canvassed at the polling place, and any  ballots  voted  by  voters  who
moved  within  the  county  or city after registering, voters who are in
inactive status, voters whose registration was  incorrectly  transferred
to another address even though they did not move, or voters whose regis-
tration  poll records were missing on the day of such election or voters
who have not had their identity previously verified or  whose  registra-
tion poll records did not show them to be enrolled in the party in which
they  claimed  to be enrolled. Each such ballot shall be retained in the
original envelope containing the voter's  affidavit  and  signature,  in
which it is delivered to the board of elections until such time as it is
to be cast and canvassed.
  1.  [a.]  (A) The board of elections shall designate itself or such of
its employees as it shall deem appropriate as a set of  poll  clerks  to
cast  and canvass such ballots, and fix a time and place for their meet-
ing for such purpose, provided that such meeting shall be no  more  than
fourteen days after a general or special election and no more than eight
days after a primary election at which such ballots are voted. The board
may  designate  additional sets of poll clerks and if it designates more
than one such set shall apportion  among  all  such  sets  the  election
districts  from which such ballots have been received, provided that all
such ballots from a single election district  shall  be  assigned  to  a
single  set  of  clerks, and that each such set shall be divided equally
between representatives of the two major political  parties.  Each  such
set of clerks shall be deemed a central board of inspectors for purposes
of this section.
  [b.]  (B) At least five days prior to the time fixed for such meeting,
the board shall send notice by first class mail to each candidate, poli-

A. 10681--A                         9

tical party, and independent body entitled to have had watchers  present
at  the polls in any election district in the board's jurisdiction. Such
notice shall state the time and  place  fixed  by  the  board  for  such
canvass.
  [c.]  (C)  Each  such candidate, political party, and independent body
shall be entitled to appoint such number of watchers to attend upon each
central board of inspectors as such candidate, political party, or inde-
pendent body was entitled  to  appoint  at  such  election  in  any  one
election  district  for which such central board of inspectors is desig-
nated to act.
  2. [a. 1.] (A)(I) Upon assembling at the time and place fixed for such
meeting, each central board of inspectors shall  cast  and  canvass  the
envelopes  and the ballots therein contained as nearly as practicable in
the manner provided by this chapter for a board of inspectors to consid-
er, cast, and canvass absentee ballot envelopes and ballots at the poll-
ing place.
  [2.] (II) If the board of inspectors  determines  that  a  person  was
entitled  to vote at such election it shall cast and canvass such ballot
if such board finds that ministerial error by the board of elections  or
any  of its employees caused such ballot envelope not to be valid on its
face.
  [3.] (III) If the board of elections  determines  that  a  person  was
entitled to vote at such election, the board shall cast and canvass such
ballot  if such board finds that the voter appeared at the correct poll-
ing place, regardless of the fact that the voter may  have  appeared  in
the incorrect election district.
  [b.  1.]  (B)(I)  Such board of inspectors shall also cast and canvass
any federal write-in ABSENTEE ballots validly cast by an absentee VOTER,
A military VOTER or A special federal voter for the offices of president
and  vice-president,  United  States  senator  and   representative   in
congress.    SUCH  BOARD  OF  INSPECTORS SHALL ALSO CAST AND CANVASS ANY
FEDERAL WRITE-IN ABSENTEE BALLOTS VALIDLY CAST BY A MILITARY  VOTER  FOR
ALL  QUESTIONS OR PROPOSALS, PUBLIC OFFICES OR PARTY POSITIONS FOR WHICH
A MILITARY VOTER IS OTHERWISE ELIGIBLE TO VOTE AS  PROVIDED  IN  SECTION
10-104 OF THIS CHAPTER.
  [2.]  (II)  Federal  write-in  ABSENTEE  ballots  shall  be  cast  and
canvassed only if: (A) an  application  for  an  absentee,  military  or
special  federal  ballot  was  received  from  the absentee, military or
special federal voter at least thirty days before  election  day[,  if];
(B)  the  federal  write-in ABSENTEE ballot was submitted from INSIDE OR
outside the United States[, if] BY A MILITARY  VOTER  OR  WAS  SUBMITTED
FROM  OUTSIDE  THE  UNITED  STATES  BY A SPECIAL FEDERAL VOTER; (C) such
ballot is received by the board of  elections  not  later  than  [seven]
THIRTEEN days following the day of election OR SEVEN DAYS AFTER A PRIMA-
RY  ELECTION;  and  [if]  (D)  the absentee, military or special federal
ballot which was sent to the voter is  not  received  by  the  board  of
elections by the [seventh] THIRTEENTH day following the day of A GENERAL
OR SPECIAL election OR THE SEVENTH DAY AFTER A PRIMARY ELECTION.
  (III)  If  such  a  federal write-in ABSENTEE ballot is received after
election day, the envelope in which it is received must contain:  (A)  a
cancellation mark of the United States postal service or a foreign coun-
try's postal service[, or]; (B) a dated endorsement of receipt by anoth-
er  agency of the United States government[,]; OR (C) IF CAST BY A MILI-
TARY VOTER, THE SIGNATURE AND DATE OF THE VOTER AND ONE WITNESS  THERETO
with  a  date  which  is ascertained to be not later than the day before
election day.

A. 10681--A                        10

  [3.] (IV) If such a federal write-in ABSENTEE ballot contains the name
of a person or persons in the space provided for a vote for any  office,
such  ballot  shall  be  counted as a vote for such person or persons. A
vote for a person who is the candidate of a party  or  independent  body
either  for president or vice-president shall be deemed to be a vote for
both the candidates of such party or independent body for such  offices.
If such a ballot contains the name of a party or independent body in the
space provided for a vote for any office, such ballot shall be deemed to
be  a  vote  for  the  candidate or candidates, if any, of such party or
independent body for such office. In the case of the offices  of  presi-
dent  and vice-president a vote cast for a candidate, either directly or
by writing in the name of a party or independent  body,  shall  also  be
deemed  to  be  votes  for  the electors supporting such candidate.  Any
abbreviation, misspelling or other minor variation in the  form  of  the
name  of a candidate or a party or independent body shall be disregarded
in determining the validity of the  ballot,  if  the  intention  can  be
ascertained.
  [c.]  (C) The following provisions shall apply to casting and canvass-
ing of all such ballots which are  counted  by  machine  and  all  other
provisions  of  this chapter with respect to casting and canvassing such
ballots which are not inconsistent with this paragraph shall be applica-
ble to such ballots.
  [1.] (I) Such ballots shall be counted by placing  them,  arranged  by
election district, in the counting machine.
  [2.]  (II)  Such  ballots  may be separated into sections before being
placed in the counting machine.
  [3.] (III) Any write-in ballots and any ballots which cannot be count-
ed by the machine shall be counted manually subject to all the  applica-
ble  provisions  of  this chapter with respect to counting of [absentee]
ballots.
  [4.] (IV) The record of the vote counted by machine for each candidate
and for and against each ballot proposal, printed by election  district,
shall  be  preserved  in  the same manner and for the same period as the
returns of canvass for the election.
  [d.] (D) Any person lawfully present may object to the refusal to cast
or canvass any ballot on the grounds that the voter is a properly quali-
fied voter of the election district, or in the case of a  party  primary
duly  enrolled  in  such  party,  or to the casting or canvassing of any
ballot on the grounds that the voter is not a properly  qualified  voter
of  the  election  district,  or in the case of a party primary not duly
enrolled in such party, or otherwise not entitled to cast  such  ballot.
When  any  such objection is made, the central board of inspectors shall
forthwith proceed to determine such objection and reject  or  cast  such
ballot  according to such determination. If the board cannot agree as to
the validity of the ballot it shall set the ballot aside, unopened,  for
a period of three days at which time the ballot envelope shall be opened
and the vote counted unless otherwise directed by an order of the court.
  [e.]  (E)  Upon  completing  the  casting and canvassing of ballots as
hereinabove provided for any election district,  the  central  board  of
inspectors  shall  thereupon,  as  nearly  as  practicable in the manner
provided in this chapter for absentee  ballots,  verify  the  number  of
ballots so cast, tally the votes so cast, add such tally to the previous
tally  of  all  votes  cast  in such election district, and announce the
result.

A. 10681--A                        11

  S 6. Subdivisions 1 and 2 of  section  10-102  of  the  election  law,
subdivision 2 as amended by chapter 373 of the laws of 1978, are amended
to read as follows:
  1.  "Military  service" means the military service of the state, or of
the United States, including the army, navy, marine  corps,  air  force,
coast  guard,  MERCHANT MARINE and all components thereof, and the coast
and geodetic survey, the public health service, the national guard  when
in the service of the United States pursuant to call as provided by law,
and  the  cadets  or  midshipmen  of the United States Military Academy,
United States Naval Academy, United States Air Force Academy and  United
States Coast Guard Academy.
  2.  "Military  voter" means a qualified voter of the state of New York
who is in the actual military service, as defined in the preceding para-
graph of this section, and by reason of such military service is  absent
from  his  election  district of residence on the day of registration or
election, or a voter who is discharged from such military service within
thirty days of an election  and  the  spouse,  parent  [and],  child  OR
DEPENDENT  of  such  voter  accompanying  or being with him or her, if a
qualified voter and a resident of the same election district.
  S 7. Subdivisions 3, 4 and 11 of section 10-106 of the  election  law,
subdivision 3 as added by chapter 165 of the laws of 2009, subdivision 4
as  amended  by  chapter  262  of the laws of 2003 and subdivision 11 as
amended by chapter 290 of the laws of  1991,  are  amended  to  read  as
follows:
  3.  [A]  (A) IN ADDITION TO ANY OTHER METHOD OF REGISTERING TO VOTE OR
OF APPLYING FOR A MILITARY BALLOT, A military voter may  [apply  for  a]
REQUEST  A VOTER REGISTRATION APPLICATION OR military ballot APPLICATION
by facsimile transmission TO THE BOARD OF ELECTIONS OR pursuant  to  the
Uniformed  and  Overseas  Citizens  Absentee Voting Act or BY electronic
mail.  WHEN MAKING SUCH A REQUEST, THE MILITARY VOTER  MAY  DESIGNATE  A
PREFERENCE  FOR  TRANSMISSION OF SUCH VOTER REGISTRATION APPLICATION AND
MILITARY BALLOT APPLICATION PURSUANT TO SECTION 10-107 OF THIS ARTICLE.
  (B) THE MILITARY BALLOT APPLICATION SHALL ALLOW THE MILITARY VOTER  TO
DESIGNATE  A PREFERENCE FOR TRANSMISSION OF THE MILITARY BALLOT PURSUANT
TO SECTION 10-107 OF THIS ARTICLE.
  (C) THE PROCEDURES FOR RECEIVING DOCUMENTS FROM AND TRANSMITTING DOCU-
MENTS TO A MILITARY VOTER SHALL, TO THE EXTENT PRACTICABLE, PROTECT  THE
SECURITY  AND  INTEGRITY OF THE MILITARY VOTER REGISTRATION AND MILITARY
BALLOT APPLICATION REQUEST PROCESS AND PROTECT THE PRIVACY OF THE  MILI-
TARY  VOTER,  INCLUDING  THE  VOTER'S  IDENTITY AND OTHER PERSONAL DATA.
NOTHING IN THIS PARAGRAPH  SHALL  LIMIT  THE  INFORMATION  THAT  MAY  BE
OBTAINED PURSUANT TO SECTION 3-220 OF THIS CHAPTER.
  4.  Not earlier than the ninetieth or later than the seventy-fifth day
before each general election, each county or  city  board  of  elections
shall  send,  IN  ACCORDANCE  WITH  THE PREFERRED METHOD OF TRANSMISSION
DESIGNATED BY THE VOTER PURSUANT TO SECTION 10-107 OF THIS  ARTICLE,  to
each  person  who  is  registered as a military voter and to every other
military voter in such county  or  city  for  whom  it  has  a  military
address,  an application for a military ballot for such general election
in a form prescribed by  the  state  board  of  elections,  which  shall
include  a  place  for  such  military voter to enroll in a party, [on a
postcard bearing] AND SHALL INCLUDE the return address of such board  of
elections[;  provided,  however,  the  county or city board of elections
shall not send such an application to any person who has applied  for  a
military  ballot  and  is  entitled  to  receive  such  ballot  for such
election].

A. 10681--A                        12

  11. A board of elections may send to  any  spouse,  parent,  or  adult
child,  brother  or sister of a military voter serving INSIDE OR outside
of the continental limits of the United States,  an  application  for  a
military  ballot,  in a form prescribed by the state board of elections.
Such  application  shall  be  on a postcard addressed to the appropriate
board of elections and shall include the statement  "I  understand  that
this  application will be accepted for all purposes as the equivalent of
an affidavit and, if it  contains  a  material  false  statement,  shall
subject  me  to  the  same  penalties as if I had been duly sworn". Such
application may be signed by the spouse, parent or adult child,  brother
or  sister  of  such military voter. Upon receipt of such an application
from such a relative of a military voter, the board of  elections  shall
mail  a military ballot to such military voter together with an applica-
tion for a military ballot and instructions that such  application  must
be  completed  and  returned  together  with the envelope containing the
military ballot. No ballot sent to a military voter upon the application
of a relative of such military voter shall be cast or canvassed unless a
completed application for military ballot signed by such military  voter
is  [received with such] RETURNED WITHIN THE TIME LIMITS FOR THE RECEIPT
OF THE MILITARY ballot ITSELF.
  S 8. The election law is amended by adding a  new  section  10-107  to
read as follows:
  S  10-107.  MILITARY  VOTERS;  DESIGNATION OF MEANS OF TRANSMISSION BY
MILITARY VOTERS. 1.   A MILITARY VOTER MAY  DESIGNATE  A  PREFERENCE  TO
RECEIVE  A VOTER REGISTRATION APPLICATION, A MILITARY BALLOT APPLICATION
OR A MILITARY BALLOT BY MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL.
SUCH DESIGNATION SHALL REMAIN IN EFFECT UNTIL REVOKED OR CHANGED BY  THE
MILITARY  VOTER.    IF A MILITARY VOTER DOES NOT DESIGNATE A PREFERENCE,
THE BOARD OF ELECTIONS SHALL TRANSMIT THE  VOTER  REGISTRATION  APPLICA-
TION,  MILITARY  BALLOT  APPLICATION  OR MILITARY BALLOT BY MAIL.   IF A
MILITARY VOTER DESIGNATES A PREFERENCE  FOR  FACSIMILE  TRANSMISSION  OR
ELECTRONIC  MAIL  BUT DOES NOT PROVIDE THE NECESSARY FACSIMILE NUMBER OR
E-MAIL ADDRESS, THE BOARD OF ELECTIONS SHALL TRANSMIT THE  VOTER  REGIS-
TRATION  APPLICATION,  MILITARY BALLOT APPLICATION OR MILITARY BALLOT BY
MAIL AND REQUEST THE OMITTED  INFORMATION.  ALL  COMMUNICATIONS  TO  THE
MILITARY  VOTER  SHALL  INCLUDE  THE  MAILING  ADDRESS  OF  THE BOARD OF
ELECTIONS.
  2. IRRESPECTIVE OF THE PREFERRED METHOD OF TRANSMISSION DESIGNATED  BY
A  MILITARY VOTER, A MILITARY VOTER'S ORIGINAL COMPLETED VOTER REGISTRA-
TION APPLICATION, MILITARY BALLOT APPLICATION AND MILITARY  BALLOT  MUST
BE  RETURNED  BY MAIL OR IN PERSON NOTWITHSTANDING THAT A PRIOR COPY WAS
SENT TO THE BOARD OF ELECTIONS BY FACSIMILE TRANSMISSION  OR  ELECTRONIC
MAIL.
  S  9.  Subdivision 1 of section 10-108 of the election law, as amended
by chapter 262 of the laws of 2003, is amended to read as follows:
  1. (A) Ballots for  military  voters  shall  be  mailed  or  otherwise
distributed  by the board of elections, IN ACCORDANCE WITH THE PREFERRED
METHOD OF TRANSMISSION DESIGNATED  BY  THE  VOTER  PURSUANT  TO  SECTION
10-107  OF THIS ARTICLE, NOT LATER THAN thirty-two days before a primary
or general election; twenty-five days before a New York  city  community
school board district or city of Buffalo school district election; [and]
fourteen  days  before  a  village  election  conducted  by the board of
elections; and twelve days  before  a  special  election.  A  voter  who
submits  a  military  ballot application shall be entitled to a military
ballot thereafter for each subsequent election through and including the
next two regularly scheduled general elections  held  in  even  numbered

A. 10681--A                        13

years,  including  any run-offs which may occur; provided, however, such
application shall not be valid for any election held within  seven  days
after  its receipt.  Ballots shall also be mailed to any qualified mili-
tary  voter  who  is  already  registered and who requests such military
ballot from such board of elections in a letter, which is signed by  the
voter  and received by the board of elections not later than the seventh
day before the election for which the  ballot  is  requested  and  which
states  the  address  where  the  voter is registered and the address to
which the ballot is to be mailed. The board of elections  shall  enclose
with  such ballot a form of application for military ballot. In the case
of a primary election, the board shall deliver only the  ballot  of  the
party  with  which the military voter is enrolled according to the mili-
tary voter's registration records. In the event a  primary  election  is
uncontested in the military voter's election district for all offices or
positions except the party position of member of the ward, town, city or
county  committee,  no  ballot shall be delivered to such military voter
for such election; and the military voter shall be advised of the reason
why he or she will not receive a ballot.
  (B) UPON THE PROCLAMATION OF A SPECIAL ELECTION  BY  THE  GOVERNOR  OR
OTHERWISE PURSUANT TO LAW, EACH BOARD OF ELECTIONS SHALL, NOT LATER THAN
THREE DAYS AFTER THE ESTABLISHMENT OF THE DATE OF SUCH SPECIAL ELECTION,
TRANSMIT  BY  MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL IN ACCORD-
ANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY  THE  VOTER
PURSUANT  TO SECTION 10-107 OF THIS ARTICLE, A FEDERAL WRITE-IN ABSENTEE
BALLOT TO ALL MILITARY VOTERS ELIGIBLE TO VOTE  BY  MILITARY  BALLOT  IN
SUCH SPECIAL ELECTION.
  (C)  EACH  BOARD  OF  ELECTIONS  WHICH  IS  SERVED  WITH A COURT ORDER
RESTRAINING OR ENJOINING THE ISSUANCE OF BALLOTS IN ANY ELECTION,  OTHER
THAN  A  SPECIAL  ELECTION,  IN  WHICH ANY MILITARY VOTER IS ENTITLED TO
RECEIVE A BALLOT SHALL IMMEDIATELY NOTIFY THE STATE BOARD  OF  ELECTIONS
OF  SUCH FACT AND SHALL TRANSMIT IN ACCORDANCE WITH THE PREFERRED METHOD
OF TRANSMISSION DESIGNATED BY THE VOTER,  A  FEDERAL  WRITE-IN  ABSENTEE
BALLOT TO ALL MILITARY VOTERS ELIGIBLE TO VOTE IN SUCH ELECTION.
  (D)  A  MILITARY  VOTER  WHO  HAS RECEIVED A FEDERAL WRITE-IN ABSENTEE
BALLOT SHALL BE ENTITLED TO RECEIVE A CERTIFIED  BALLOT  NOTWITHSTANDING
THE  PRIOR  TRANSMISSION  OF  A FEDERAL WRITE-IN ABSENTEE BALLOT TO SUCH
VOTER PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION.  SUCH CERTI-
FIED MILITARY BALLOT SHALL BE SENT BY THE BOARD OF ELECTIONS IN  ACCORD-
ANCE  WITH  THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER
PURSUANT TO SECTION 10-107 OF THIS ARTICLE, OR  EXPEDITED  MAIL  IF  THE
MILITARY VOTER HAS NOT EXPRESSED A PREFERENCE TO RECEIVE SAME BY FACSIM-
ILE  TRANSMISSION OR ELECTRONIC MAIL, AND HIS OR HER REQUEST FOR A MILI-
TARY BALLOT WAS MADE AT LEAST THIRTY-TWO DAYS BEFORE THE ELECTION.
  S 10. Section 10-112 of the election law, subdivision 1 as amended  by
chapter 290 of the laws of 1991, is amended to read as follows:
  S  10-112.  Military voter; voting. [1.] The military voter shall mark
the military ballot provided for in this article in the same  manner  as
an  absentee ballot. After marking the ballot, he OR SHE shall fold such
ballot and enclose it in the [ballot] INNER AFFIRMATION envelope bearing
the military voter's [statement]  AFFIRMATION  ON  THE  OUTSIDE  OF  THE
ENVELOPE  and  seal the envelope.  He OR SHE shall then sign the [state-
ment] AFFIRMATION, with the blanks properly filled in.  The INNER AFFIR-
MATION envelope containing the MILITARY ballot shall then be inserted in
the OUTER envelope addressed to  the  appropriate  board  of  elections,
which  shall be mailed or [otherwise] PERSONALLY delivered to such board

A. 10681--A                        14

of elections of his OR HER county of residence WITHIN  THE  TIME  LIMITS
PROVIDED BY THIS CHAPTER.
  S  11.  The  election law is amended by adding a new section 10-125 to
read as follows:
  S 10-125. MILITARY VOTERS; PROHIBITING REFUSAL TO ACCEPT VOTER  REGIS-
TRATION  AND  MILITARY BALLOT APPLICATIONS, MARKED MILITARY BALLOTS, AND
FEDERAL WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET  CERTAIN  REQUIRE-
MENTS.  1.  A  BOARD OF ELECTIONS SHALL NOT REFUSE TO ACCEPT AND PROCESS
ANY OTHERWISE VALID VOTER REGISTRATION APPLICATION  OR  MILITARY  BALLOT
APPLICATION  (INCLUDING  THE  OFFICIAL  POST  CARD FORM PRESCRIBED UNDER
SECTION 101 OF THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE  VOTING  ACT
(42  USC  1973FF))  OR  MARKED  MILITARY  BALLOT  SUBMITTED  BY  MAIL OR
PERSONALLY DELIVERED, SOLELY ON THE BASIS OF THE FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  2. A BOARD OF ELECTIONS SHALL NOT REFUSE TO  ACCEPT  AND  PROCESS  ANY
OTHERWISE VALID FEDERAL WRITE-IN ABSENTEE BALLOT SUBMITTED IN ANY MANNER
BY A MILITARY VOTER SOLELY ON THE BASIS OF THE FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  3. THE STATE BOARD OF ELECTIONS, IN COORDINATION WITH COUNTY BOARDS OF
ELECTIONS,  SHALL DEVELOP A FREE ACCESS SYSTEM BY WHICH A MILITARY VOTER
MAY DETERMINE WHETHER THE MILITARY BALLOT OF THE MILITARY VOTER HAS BEEN
RECEIVED BY THE APPROPRIATE BOARD OF ELECTIONS.
  S 12. Subdivision 1 of section 11-106 of the election law  is  amended
to read as follows:
  1.   The application forms shall [contain a detachable portion for the
applicant's signature, which portion shall be gummed  on  the  back  for
pasting in the list of special presidential voters, or, in lieu thereof,
the  board  of  elections may cause to be made, under its supervision, a
photostatic copy of the applicant's  signature  as  it  appears  on  his
application,  and  in  such  case  a photostatic copy of the applicant's
signature shall be pasted in the list of special presidential voters  in
its  proper  place]  BE  IN  A  FORM  PRESCRIBED  BY  THE STATE BOARD OF
ELECTIONS.
  S 13. Paragraph d of subdivision 1 of section 11-202 of  the  election
law, as added by chapter 165 of the laws of 2009, is amended and two new
paragraphs e and f are added to read as follows:
  d.  [A]  IN  ADDITION TO ANY OTHER METHOD OF REGISTERING TO VOTE OR OF
APPLYING FOR A SPECIAL FEDERAL  BALLOT,  A  special  federal  voter  may
[apply  for]  REQUEST  A  VOTER  REGISTRATION  APPLICATION  OR REQUEST a
special federal ballot APPLICATION  by  facsimile  transmission  TO  THE
BOARD  OF  ELECTIONS  OR pursuant to the Uniformed and Overseas Citizens
Absentee Voting Act or BY electronic mail. WHEN MAKING SUCH  A  REQUEST,
THE SPECIAL FEDERAL VOTER MAY DESIGNATE A PREFERENCE FOR TRANSMISSION OF
SUCH  VOTER REGISTRATION APPLICATION AND SPECIAL FEDERAL BALLOT APPLICA-
TION PURSUANT TO SECTION 11-203 OF THIS TITLE.
  E. THE SPECIAL FEDERAL BALLOT  APPLICATION  SHALL  ALLOW  THE  SPECIAL
FEDERAL  VOTER  TO DESIGNATE A PREFERENCE TO RECEIVE THE SPECIAL FEDERAL
BALLOT PURSUANT TO SECTION 11-203 OF THIS TITLE.
  F. THE PROCEDURES FOR RECEIVING DOCUMENTS FROM AND TRANSMITTING  DOCU-
MENTS  TO  A  SPECIAL  FEDERAL  VOTER  SHALL, TO THE EXTENT PRACTICABLE,
PROTECT THE SECURITY AND INTEGRITY OF THE SPECIAL FEDERAL  VOTER  REGIS-
TRATION  AND  SPECIAL  FEDERAL  BALLOT  APPLICATION  REQUEST PROCESS AND

A. 10681--A                        15

PROTECT THE PRIVACY OF THE SPECIAL FEDERAL VOTER, INCLUDING THE  VOTER'S
IDENTITY  AND OTHER PERSONAL DATA. NOTHING IN THIS PARAGRAPH SHALL LIMIT
THE INFORMATION THAT MAY BE OBTAINED PURSUANT TO SECTION 3-220  OF  THIS
CHAPTER.
  S  14.  The  election law is amended by adding a new section 11-203 to
read as follows:
  S 11-203. SPECIAL FEDERAL VOTERS; DESIGNATION OF MEANS OF TRANSMISSION
BY SPECIAL FEDERAL VOTERS. 1. A SPECIAL FEDERAL VOTER  MAY  DESIGNATE  A
PREFERENCE TO RECEIVE A VOTER REGISTRATION APPLICATION, A SPECIAL FEDER-
AL  BALLOT  APPLICATION  OR  A SPECIAL FEDERAL BALLOT BY MAIL, FACSIMILE
TRANSMISSION OR ELECTRONIC MAIL. SUCH DESIGNATION SHALL REMAIN IN EFFECT
UNTIL REVOKED OR CHANGED BY THE SPECIAL FEDERAL VOTER.    IF  A  SPECIAL
FEDERAL  VOTER  DOES  NOT DESIGNATE A PREFERENCE, THE BOARD OF ELECTIONS
SHALL TRANSMIT  THE  VOTER  REGISTRATION  APPLICATION,  SPECIAL  FEDERAL
BALLOT  APPLICATION  OR  SPECIAL  FEDERAL  BALLOT  BY MAIL. IF A SPECIAL
FEDERAL VOTER DESIGNATES A  PREFERENCE  FOR  FACSIMILE  TRANSMISSION  OR
ELECTRONIC  MAIL  BUT DOES NOT PROVIDE THE NECESSARY FACSIMILE NUMBER OR
E-MAIL ADDRESS, THE BOARD OF ELECTIONS SHALL TRANSMIT THE  VOTER  REGIS-
TRATION  APPLICATION,  SPECIAL  FEDERAL  BALLOT  APPLICATION  OR SPECIAL
FEDERAL BALLOT BY MAIL AND REQUEST THE OMITTED INFORMATION. ALL COMMUNI-
CATIONS TO THE SPECIAL FEDERAL VOTER SHALL INCLUDE THE  MAILING  ADDRESS
OF THE BOARD OF ELECTIONS.
  2.  IRRESPECTIVE OF THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY
A SPECIAL FEDERAL VOTER, A SPECIAL FEDERAL  VOTER'S  ORIGINAL  COMPLETED
VOTER  REGISTRATION  APPLICATION, SPECIAL FEDERAL BALLOT APPLICATION AND
SPECIAL FEDERAL BALLOT MUST BE RETURNED BY MAIL OR  IN  PERSON  NOTWITH-
STANDING THAT A PRIOR COPY WAS SENT TO THE BOARD OF ELECTIONS BY FACSIM-
ILE TRANSMISSION OR ELECTRONIC MAIL.
  S  15.  Subdivisions 1, 2 and 4 of section 11-204 of the election law,
subdivisions 1 and 2 as added by chapter 8  of  the  laws  of  1978  and
subdivision 4 as amended by chapter 262 of the laws of 2003, are amended
to read as follows:
  1.  The  registration  application  forms  shall  [contain  detachable
portions for the applicant's signature. Such portions shall be gummed on
the back for pasting on the registration poll records and  central  file
registration  records.  In  lieu  of  such  gummed portions the board of
elections may cause to  be  made,  under  its  supervision,  photostatic
copies of the applicant's signature as it appears on his application. In
such  case,  photostatic  copies  of  the applicant's signature shall be
pasted in the proper places upon  such  registration  poll  records  and
central  file registration records] BE IN A FORM PRESCRIBED BY THE STATE
BOARD OF ELECTIONS.
  2. Upon receipt of an application, the board of elections shall deter-
mine upon such inquiry as it deems  proper  whether  the  applicant  has
answered  all the questions contained in the application and whether the
applicant is legally qualified to receive and  vote  a  special  federal
ballot.  If  it finds he is not so qualified, the board shall reject the
application and shall notify the applicant of such  rejection  and  give
the  reason  or reasons therefor IN ACCORDANCE WITH THE PREFERRED METHOD
OF TRANSMISSION DESIGNATED BY THE VOTER PURSUANT TO  SECTION  11-203  OF
THIS  TITLE.  All  investigations  by  the  board  of elections shall be
concluded and all determinations made not later than the  twentieth  day
before election.
  4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it

A. 10681--A                        16

shall  have so determined, or not later than thirty-two days before each
general or primary election and twelve days before each special election
in which such applicant is  qualified  to  vote,  or  three  days  after
receipt  of  such an application, whichever is later, mail to him OR HER
at the residence address outside the United States shown in his  OR  HER
application, a special federal ballot [and], an INNER AFFIRMATION envel-
ope  [therefor]  AND  AN OUTER ENVELOPE, OR OTHERWISE DISTRIBUTE SAME TO
THE VOTER IN ACCORDANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIG-
NATED BY THE VOTER PURSUANT TO SECTION 11-203 OF THIS TITLE.  The  board
of elections shall also mail, OR OTHERWISE DISTRIBUTE IN ACCORDANCE WITH
THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER PURSUANT TO
SECTION  11-203  OF THIS TITLE, a special federal ballot to every quali-
fied special federal voter who is already registered  and  who  requests
such  special  federal  ballot from such board of elections in a letter,
which is signed by the voter and received by the board of elections  not
later  than  the seventh day before the election for which the ballot is
first requested and which states the address where the voter  is  regis-
tered  and the address to which the ballot is to be mailed. The board of
elections shall enclose with such ballot a form  of  application  for  A
special federal ballot.
  S  16.  Section  11-216 of the election law is amended by adding a new
subdivision 3 to read as follows:
  3. (A) UPON THE PROCLAMATION OF A SPECIAL ELECTION BY THE GOVERNOR  OR
OTHERWISE PURSUANT TO LAW, EACH BOARD OF ELECTIONS SHALL, NOT LATER THAN
THREE DAYS AFTER THE ESTABLISHMENT OF THE DATE OF SUCH SPECIAL ELECTION,
TRANSMIT  BY  MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL IN ACCORD-
ANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY  THE  VOTER
PURSUANT  TO  SECTION  11-203 OF THIS TITLE, A FEDERAL WRITE-IN ABSENTEE
BALLOT TO ALL SPECIAL FEDERAL VOTERS ELIGIBLE TO VOTE BY SPECIAL FEDERAL
BALLOT IN SUCH SPECIAL ELECTION.
  (B) EACH BOARD OF  ELECTIONS  WHICH  IS  SERVED  WITH  A  COURT  ORDER
RESTRAINING  OR ENJOINING THE ISSUANCE OF BALLOTS IN ANY ELECTION, OTHER
THAN A SPECIAL ELECTION, IN WHICH ANY SPECIAL FEDERAL VOTER IS  ENTITLED
TO  RECEIVE  A  BALLOT  SHALL  IMMEDIATELY  NOTIFY  THE  STATE  BOARD OF
ELECTIONS OF SUCH  FACT  AND  SHALL  TRANSMIT  IN  ACCORDANCE  WITH  THE
PREFERRED  METHOD  OF  TRANSMISSION  DESIGNATED  BY THE VOTER, A FEDERAL
WRITE-IN ABSENTEE BALLOT TO ALL SPECIAL FEDERAL VOTERS ELIGIBLE TO  VOTE
IN SUCH ELECTION.
  (C) A SPECIAL FEDERAL VOTER WHO HAS RECEIVED A FEDERAL WRITE-IN ABSEN-
TEE BALLOT SHALL BE ENTITLED TO RECEIVE A CERTIFIED BALLOT NOTWITHSTAND-
ING THE PRIOR TRANSMISSION OF A FEDERAL WRITE-IN ABSENTEE BALLOT TO SUCH
VOTER PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.  SUCH CERTI-
FIED  SPECIAL  FEDERAL BALLOT SHALL BE SENT BY THE BOARD OF ELECTIONS IN
ACCORDANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED  BY  THE
SPECIAL FEDERAL VOTER PURSUANT TO SECTION 11-203 OF THIS TITLE, OR EXPE-
DITED  MAIL  IF THE SPECIAL FEDERAL VOTER HAS NOT EXPRESSED A PREFERENCE
TO RECEIVE SAME BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, AND HIS OR
HER REQUEST FOR A SPECIAL FEDERAL BALLOT WAS MADE  AT  LEAST  THIRTY-TWO
DAYS BEFORE THE ELECTION.
  S  17.  The  election law is amended by adding two new sections 11-219
and 11-220 to read as follows:
  S 11-219. SPECIAL FEDERAL VOTERS; PROHIBITING REFUSAL TO ACCEPT  VOTER
REGISTRATION  AND  SPECIAL  FEDERAL  BALLOT APPLICATIONS, MARKED SPECIAL
FEDERAL BALLOTS, AND FEDERAL WRITE-IN ABSENTEE BALLOTS  FOR  FAILURE  TO
MEET  CERTAIN  REQUIREMENTS. 1. A BOARD OF ELECTIONS SHALL NOT REFUSE TO
ACCEPT AND PROCESS ANY OTHERWISE VALID VOTER REGISTRATION APPLICATION OR

A. 10681--A                        17

SPECIAL FEDERAL BALLOT APPLICATION (INCLUDING  THE  OFFICIAL  POST  CARD
FORM PRESCRIBED UNDER SECTION 101 OF THE UNIFORMED AND OVERSEAS CITIZENS
ABSENTEE  VOTING  ACT  (42 USC 1973FF)) OR MARKED SPECIAL FEDERAL BALLOT
SUBMITTED  BY  MAIL  OR PERSONALLY DELIVERED, SOLELY ON THE BASIS OF THE
FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  2. A BOARD OF ELECTIONS SHALL NOT REFUSE TO  ACCEPT  AND  PROCESS  ANY
OTHERWISE VALID FEDERAL WRITE-IN ABSENTEE BALLOT SUBMITTED IN ANY MANNER
BY A SPECIAL FEDERAL VOTER SOLELY ON THE BASIS OF THE FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  3. THE STATE BOARD OF ELECTIONS, IN COORDINATION WITH COUNTY BOARDS OF
ELECTIONS, SHALL DEVELOP A FREE ACCESS SYSTEM BY WHICH A SPECIAL FEDERAL
VOTER  MAY  DETERMINE  WHETHER THE SPECIAL FEDERAL BALLOT OF THE SPECIAL
FEDERAL VOTER HAS BEEN RECEIVED BY THE APPROPRIATE BOARD OF ELECTIONS.
  S 11-220. FEDERAL VOTING; APPLICABILITY  OF  GENERAL  PROVISIONS.  THE
GENERAL  PROVISIONS  OF THIS CHAPTER SHALL APPLY TO THIS ARTICLE, EXCEPT
AS THEY ARE INCONSISTENT HEREWITH. THE PROVISIONS OF THIS ARTICLE  SHALL
BE  LIBERALLY  CONSTRUED  FOR  THE  PURPOSE OF PROVIDING SPECIAL FEDERAL
VOTERS THE OPPORTUNITY TO VOTE. THE STATE BOARD OF ELECTIONS SHALL  HAVE
POWER  TO  ADOPT AND PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS
OF THIS ARTICLE.
  S 18. This act shall take effect immediately.

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2009-A10681B (ACTIVE) - Details

Law Section:: Election Law
Laws Affected:: Amd El L, generally

2009-A10681B (ACTIVE) - Summary

2009-A10681B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10681B

TITLE OF BILL:  An act to amend the election law, in relation to mili-
tary ballots, special federal ballots and absentee ballots

PURPOSE OR GENERAL IDEA OF BILL: This bill would enact certain
provisions that are required by federal law and is intended to increase
the opportunity for military and special federal voters to cast their
votes within a timeframe that allows those votes to be counted. It also
streamlines the absentee ballot application to eliminate extraneous
information that is not required by the New York Constitution.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 of the bill amends election
law § 3-220(1) to provide that a voter's facsimile number will not be
released for public inspection by the board of elections.

Section 2 of the bill amends election law § 7-123, which defines a mili-
tary ballot. It would:

A) replace the existing military voter oath with the federal affirma-
tion. This will eliminate the need to indicate if the military voter is
a service person or the family member of a service person;

B) clarify what will be printed on the ballot envelope, including the
sworn affirmation, voter identification information and instructions to
the voter;

C) direct that the board of elections fill in the voter identification
information on a ballot envelope that was received by a voter via mail
before it is sent to the voter and fill in the voter identification
information on a ballot envelope that was received by a voter electron-
ically after it is received by the board;

D) clarify the instruction on the ballot envelope for returning an
original signed ballot application to the appropriate board within the
timeframe for receipt of the ballot itself;

E) provide that a military voter who designated a preference to receive
a ballot by electronic means shall receive instruction for creating a
ballot envelop that contains all of the required information;

F) clarify when a ballot must be returned to the board in order to be
counted and that a signed military ballot application shall not be
returned in the ballot envelope to address an issue recently raised in
Matter of Stewart v. Chautauqua County Bd. of Elections (14 NY3d 139
(2010));

G) clarify the information which must be contained on the outer envelope
addressed to the board and instructions for returning the sealed ballot
envelope containing the marked ballot and, if necessary, the original
signed ballot application within the outer envelope;

H) provide that an outer envelope that is created by a military voter
must include the language that allows the voter to have a witness's name
and date instead of a postmark; and

I) provide that the ballot, ballot envelope and outer envelope be mailed
to the voter in a third envelope or, if a voter has designated a prefer-
ence for electronic transmission of ballot materials, that the voter be
sent instructions for creating an outer envelope containing all neces-
sary information.

Section 3 of the bill amends election law § 7-124, which defines a
special federal ballot, to incorporate all the same changes that were
made in section 2 of the bill for military ballots, except that the
special federal voter outer envelope will not allow a witness instead of
a postmark.

Section 4 of the bill amends election law § 8-400(d) to provide that a
military voter may request, in addition to a military ballot, a voter
registration and an absentee ballot in a letter or-by facsimile or elec-
tronic mail;

Section 5 of the bill renumbers election law § 9-209 and amends the
section to provide that:

A) the board of elections shall cast and canvass any federal write-in
absentee ballots validly cast-by a military voter for all questions,
proposals, public offices and party positions for which such voter is
entitled to vote;

B) a military voter may use a federal write-in absentee ballot from
inside or outside the United States; and

C) a federal write-in absentee ballot may be returned 13 days after a
general or special election and 7 days after a primary election.

Section 6 of the bill amends election law § 10-102(1) and (2) to conform
the definition-of "military service" and "military voter" to federal
law.

Section 7 of the bill amends election law § 10-106(3), (4) and (11) to
provide that a military voter may:

A) request a voter registration application or a military ballot appli-
cation by facsimile transmission or electronic mail;

B) designate a preference for transmission of registration and ballot
materials;

C) obtain documents from the board of elections via the designated
preferred method; and

D) have a family member request a military ballot for a military voter
stationed inside, as well as outside, the United States.

Procedures for transmitting documents to and receiving documents from
military voters shall, to the extent practicable, protect the security
and integrity of the process and the identity and personal data of the
voter; provided that this paragraph shall not limit the information that
may be obtained by the public pursuant to election law § 3-220.

Section 8 of the bill would add a new section 10-107 in the election law
to authorize a military voter to designate a preferred method of trans-
mission of registration and ballot materials. This designation will
remain in effect until changed by the voter. Without such a designation,
the default method is mail. If a voter designates another method but
does not send a facsimile number or an email address, the materials
would be sent by mail with a request for the omitted information. All
communications with the voter will include the mailing address of the
board of elections. Regardless of the designation, all original
completed applications and ballots must be returned to the board of
elections by mail or in person.

Section 9 of the bill amends election law § 10-108(1) to provide that
military ballots will be sent to the voter via the preferred trans-
mission method. In addition, within 3 days of the scheduling of a
special election or upon a court restraining the issuance of ballots,
all military voters will be sent a federal write-in absentee ballot.
Upon the certification of the ballot, all military voters will be sent
such certified ballot via the preferred method of transmission, notwith-
standing the prior transmission of the federal write-in absentee ballot.

Section 10 of the bill amends election law § 10-112(1) to clarify the
way a military voter will prepare the ballot for return to the board of
elections.

Section 11 of the bill would add a new section 10-125 in the election
law to prohibit the board of elections from refusing to accept voter
registration applications, ballot applications, ballots or federal
write-in absentee ballots solely on the basis of notarization require-
ments, paper type or envelope type.

This section also requires the boards of elections to establish a free
access system by which a military voter may determine if the board of
elections has received the voter's ballot.

Section 12 of the bill amends election law § 11-106(1) deletes outdated
language regarding the pasting of a special federal voters signature in
the poll book and provides that application forms shall be in a form
prescribed by the state board of elections.

Section 13 of the bill amends election law § 11-202(1)(d) and adds 2 new
paragraphs (e) and (f) to provide that a special federal voter may:

A) request a voter registration application or a special federal ballot
application by facsimile transmission or electronic mail;

B) designate a preference for transmission of registration and ballot
materials; and

C) obtain documents from the board of elections via the designated
preferred method.

Procedures for transmitting documents to and receiving documents from
special federal voters shall, to the extent practicable, protect the
security and integrity of the process and the identity and personal data
of the voter; provided that this paragraph shall not limit the informa-
tion that may be obtained by the public pursuant to election law
3-220.

Section 14 of the bill adds a new section 11-203 to election law to
authorize a special federal voter to designate a preferred method of
transmission of registration and ballot materials. This designation will
remain in effect until changed by the voter. Without such a designation,
the default method is mail. If a voter designates another method but
does not send a facsimile number or an email address, the materials
would be sent by mail with a request for the omitted information. All
communications with the voter will include the mailing address of the
board of elections. Regardless of the designation, all original
completed applications and ballots must be returned to the board of
elections by mail or in person.

Section 15 of the bill amends election law § 11-204(1), (2) and (4)to
delete outdated language regarding the pasting of a special federal
voters signature in the poll book and provides instead that application
forms shall be in a form prescribed by the state board of elections. It
also provides that the board of elections will contact or send materials
to a special federal voter pursuant to the voter's preferred method of
transmission.

Section 16 of the bill amends election law § 11-216 to add a new subdi-
vision 3 to provide that within 3 days of the scheduling of a special
election or upon a court restraining the issuance of ballots, all
special federal voters will be sent a federal write-in absentee ballot.
Upon the certification of the ballot, all special federal voters will be
sent such certified ballot via the preferred method of transmission,
notwithstanding the prior transmission of the federal write-in absentee
ballot.

Section 17 of the bill adds section 11-219 and 11-220 to the election
law. Section 11-219 would prohibit the board of elections from refusing
to accept voter registration applications, ballot applications, ballots
or federal write-in absentee ballots solely on the basis of notarization
requirements, paper type or envelope type.

This section also requires the boards of elections to establish a free
access system by which a military voter may determine if the board of
elections has received the voter's ballot.

Section 11-220 would clarify that the general provisions of the election
law apply to the special federal voter except where they are inconsist-
ent with the law specifically addressed to special federal voters; that
the law should be liberally construed to allow special federal voters to
vote and that the state board of elections may adopt regulations to
effectuate the provisions addressed to special federal voters. These are
the same provisions that currently exist for military voters in election
law § 10-126.

Section 18 contains the effective date.

JUSTIFICATION: In New York, military voters are sent "military ballots"
that are identical to the generic absentee ballot used in New York
because military voters can vote in all federal, state and local races.
However, the application and sworn statement required for a military
ballot is different from that used by a generic absentee voter because
the qualifications to receive a military ballot is different from the
qualifications to receive an absentee ballot.

In contrast, overseas voters, American citizens that once lived in the
United States but no longer do, are called special federal voters in New
York and are sent "special federal ballots" that are different from
generic absentee ballots. Pursuant to federal and state law, these
voters may vote in federal races but not state and local races.

There is a growing concern nationwide about military and special federal
voters' ability to cast an absentee ballot that will arrive timely and
be counted. For several years, New York extended the effective date of a
law that sought to address this issue. In 2008, New York law was amended
to allow, for the first time, military and special federal voters to
request a ballot by facsimile or email. It also permanently expanded the
deadline for receipt of such ballots to 13 days after a general or
special election and 7 days after a primary. Finally, it made permanent
the provision that allows a military voter to have a witness sign and
date his or her ballot transmittal envelope instead of obtaining a post-
mark.

In late 2009, Congress enacted and the President signed the National
Defense Authorization Act (P.L. 111-84), which included the bipartisan
Military and Overseas Voter Empowerment (MOVE) Act of 2009. The federal
law is intended to provide minimal standards for absentee ballot trans-
mission to military and overseas voters in federal elections to ensure
that they have sufficient lead time to request, complete and return
their absentee ballots. All states must comply with the federal require-
ments.

The federal law has 2 significant components' that affect state election
law:

(1) states must allow military voters to designate a preferred method of
transmission to the voter of voting materials, including a form of elec-
tronic transmission; and

(2) states must send ballots to military and special federal voters 45
days before an election.

However, the federal law reflects the fact that at least 10 states,
including New York, have fall primary elections that may prevent the
finalization of the general election ballot 45 days before that general
election and, therefore, the 45 day time frame may be impossible to meet
without moving the fall primary election. The law allows states to seek
a hardship waiver of the 45 day requirement because of the date of the
primary, because of a delay in generating ballots because of a legal
contest or because the state constitution prohibits the state from
complying with the time frame requirements.  The state's Chief Election
Official applies for the waiver from the Department of Defense, which
consults the Attorney General and, if the state's comprehensive plan is
sufficient, the waiver must be granted. The waiver is only good for the
election for which it was submitted.

A number of the states with fall primary elections, including New Hamp-
shire, Wisconsin and Hawaii, require that absentee ballots be returned
by the voter to the board-of elections no later than election day. This
means that such states would have to send the ballots out 45 days before
the election to meet the federal mandate. In contrast, in New York, the
boards of elections could send out ballots 32 days before an election,
as current law requires, because pursuant to the law that was enacted
last year in New York, the deadline for receipt of such ballots is 13
days after a general or special election and 7 days after a primary.
Therefore, in most circumstances, New York military and special federal
ballots would have 45 days to make the "round trip" from the board of
elections to the voter and back to the board of elections.

This bill would build on last year's law and form the basis for New
York's comprehensive plan to support a waiver of the requirement that
ballots be mailed to military and overseas voters 45 days before an
election in every circumstance. It includes a number of provisions that
will promote the timely receipt of military and special federal ballots.
These include:

(1) a requirement that a military and a special federal voter be sent a
federal write-in absentee ballot:

a) within 3 days of the scheduling of a special election; or

b) whenever a board of elections is served with a court order restrain-
ing the timely issuance of ballots due to ongoing litigation;

(2) a requirement that upon the conclusion of litigation affecting the
content of the ballot within 32 days of the election, the board of
elections must transmit a certified ballot to any military and special

federal voter who previously was sent a federal write-in absentee
ballot; and

(3) authorization for military voters to use the federal write-in absen-
tee ballot for state and local races.

This bill, when coupled with the new requirement that military and
special federal voters must be allowed to designate a preferred method
of transmission of voting materials to the voter, including by fax and
email, will greatly reduce the round trip of military and special feder-
al ballots, promote the timely receipt of such ballots and increase the
participation of military and overseas voters in the democratic process
in New York.

PRIOR LEGISLATIVE. HISTORY: This is a new bill.

FISCAL IMPLICATION: Federal funding is available to pay for the voter
interactive computer tool that county board of elections will use to
send materials to voters via email. Counties will assume the cost of
additional mailings.

EFFECTIVE DATE: This bill would take effect immediately.

2009-A10681B (ACTIVE) - Bill Text download pdf

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

                                10681--B

                          I N  A S S E M B L Y

                             April 14, 2010
                               ___________

Introduced by M. of A. SILVER, KOLB, MILLMAN, MAGNARELLI, GALEF, MOLINA-
  RO  --  read  once  and  referred  to the Committee on Election Law --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend  the  election  law, in relation to military ballots,
  special federal ballots and absentee ballots

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section 3-220 of the election law, as
amended by chapter 179 of the laws  of  2005,  is  amended  to  read  as
follows:
  1.  All  registration  records,  certificates,  lists, and inventories
referred to in, or required by, this chapter shall be public records and
open to public inspection under the immediate supervision of  the  board
of elections or its employees and subject to such reasonable regulations
as  such  board  may  impose, provided, however, that a voter's driver's
license number, department of motor vehicle non-driver photo  ID  number
[and], social security number AND FACSIMILE NUMBER shall not be released
for  public inspection.  No such records shall be handled at any time by
any person other than a member of  a  registration  board  or  board  of
inspectors  of  elections  or  board  of elections except as provided by
rules imposed by the board of elections.
  S 2. Section 7-123 of the election law, subdivisions 1, 2, 4-a, 5  and
6  as  amended  by  chapter  290  of  the laws of 1991, subdivision 3 as
amended by chapter 235 of the laws of 2000, subdivision 4 as amended  by
chapter 247 of the laws of 1984, subdivision 4-b as added by chapter 262
of  the  laws  of  2003 and subdivision 7 as added by chapter 237 of the
laws of 2005, and such section as renumbered by chapter 8 of the laws of
1978, is amended to read as follows:
  S 7-123. Ballots; military voters. 1. The state  board  of  elections,
after  conferring  with  federal authorities, if any, authorized to act,
shall prescribe the form and cause to  be  printed  by  the  appropriate

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

                                                           LBD16840-08-0

A. 10681--B                         2

boards  of elections or otherwise sufficient ballots for military voters
to be used at the election, subject to the following limitations:
  2. The  ballots for military voters shall be the same form as those to
be voted by absentee voters in the election  district  of  the  military
voter  on  election  day.  Any  instructions  that  the  state  board of
elections deems pertinent shall accompany such ballots but shall not  be
affixed  thereto  in any manner so as to leave any marks on such ballots
not found on absentee ballots.
  3. [Each ballot shall  be  furnished  with  a  ballot]  THE  BOARD  OF
ELECTIONS SHALL FURNISH AN INNER AFFIRMATION envelope WITH EACH MILITARY
BALLOT upon which ENVELOPE shall be printed:

                        BALLOT FOR MILITARY VOTER
                         [STATEMENT] AFFIRMATION

[I do state (or affirm) that I am (MUST CHECK ONE)

(a) in the actual military service of the State of New
    York, or of the United States ................................... []

(b) the spouse ...................................................... []

(c) parent .......................................................... []

(d) child ........................................................... []

of a voter in the actual military service of the State of New York or of
the  United States, accompanying or being with such voter and a resident
of the same election district; that I am a citizen of the United States;
that on the date of the election for which this ballot is voted  I  will
be  at  least  eighteen years of age and immediately preceding said date
will have been a resident of the county, city  or  village  in  which  I
offer  my  vote  for thirty days, that I have not voted any other ballot
for any candidate from any address other than hereinafter set forth; and
that I have not committed any act, nor am I under any  impediment  which
denies me the right to vote.

My voting residence in the State of New York is:
Street and Number, or R.F.D. ...........................................
City, Village or Town ..................................................
County .................................................................
  I  hereby  declare, that the foregoing is a true statement to the best
of my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of military voter, I shall be
guilty of a misdemeanor.]
  I SWEAR OR AFFIRM THAT:
  (A) I AM A MEMBER OF THE UNIFORMED  SERVICES  OR  MERCHANT  MARINE  ON
ACTIVE  DUTY OR AN ELIGIBLE SPOUSE, PARENT, CHILD OR DEPENDENT OF SUCH A
MEMBER, AND
  (B) I AM A UNITED STATES CITIZEN, AT LEAST EIGHTEEN YEARS OF  AGE  (OR
WILL  BE  BY THE DAY OF THE ELECTION), ELIGIBLE TO VOTE IN THE REQUESTED
JURISDICTION, AND
  (C) I HAVE NEITHER BEEN CONVICTED OF A FELONY OR  OTHER  DISQUALIFYING
OFFENSE  NOR  BEEN ADJUDICATED MENTALLY INCOMPETENT, OR IF SO, MY VOTING
RIGHTS HAVE BEEN REINSTATED, AND

A. 10681--B                         3

  (D) I AM NOT REGISTERING, REQUESTING A BALLOT, OR VOTING IN ANY  OTHER
JURISDICTION IN THE UNITED STATES, AND
  (E)  MY  SIGNATURE AND DATE BELOW INDICATE WHEN I COMPLETED THIS DOCU-
MENT, AND
  (F) THE INFORMATION ON THIS FORM IS TRUE AND COMPLETE TO THE  BEST  OF
MY KNOWLEDGE.
  I UNDERSTAND THAT A MATERIAL MISSTATEMENT OF FACT IN THE COMPLETION OF
THIS DOCUMENT MAY CONSTITUTE GROUNDS FOR CONVICTION OF A CRIME.

Date .......... 20....
                                        ................................
                                         Signature or mark of voter
                                        ................................
                                         Signature of Witness (required
                                         only if voter does not sign his
                                         or her own name)
                                        ................................
                                         Address of Witness

  4.    On  the  reverse side of the [ballot] INNER AFFIRMATION envelope
[containing the statement of military voter] shall be printed:

               TO BE FILLED IN BY THE BOARD OF ELECTIONS:

  FOR..........ELECTION......... 20......
  County of................................................................
  Name of voter............................................................
  Voting residence (street and number, if any).............................
  City (or town) of..............Ward......................................
  Assembly District..............Election District.........................
  Party Enrollment (in case of primary election)...........................

  IMPORTANT TO MILITARY VOTER: [Be sure to indicate in (a), (b), (c), or
(d), whether you are a serviceman or the spouse, parent or  child  of  a
serviceman  in the statement before you sign your name at the end of the
statement.] YOU MUST SIGN THE [STATEMENT] AFFIRMATION  ON  [THE  REVERSE
SIDE OF] THIS ENVELOPE.
  [4-a.] 5. THE INFORMATION IN SUBDIVISION FOUR OF THIS SECTION SHALL BE
FILLED IN BY THE BOARD OF ELECTIONS PRIOR TO THE MAILING OF ANY MILITARY
BALLOT  AND ENVELOPES IF THE MILITARY VOTER'S PREFERRED METHOD OF TRANS-
MISSION WITH THE BOARD OF ELECTIONS IS BY MAIL, OR IT MAY BE  FILLED  IN
BY  THE  BOARD  OF  ELECTIONS  UPON THE RECEIPT OF THE RETURNED MILITARY
BALLOT AND ENVELOPE WHERE THE BALLOT AND ENVELOPE HAVE BEEN  TRANSMITTED
TO THE MILITARY VOTER OTHER THAN BY MAIL OR IN PERSON.
  6. The  INNER AFFIRMATION envelope, IF DELIVERED BY MAIL OR IN PERSON,
shall be gummed[,] AND ready for sealing[, and]. SUCH ENVELOPE,  OR  ANY
CREATED  BY  THE  MILITARY  VOTER  WHO HAS RECEIVED HIS OR HER BALLOT BY
FACSIMILE  TRANSMISSION  OR  ELECTRONIC  MAIL  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  SUBDIVISION  SEVEN  OF  THIS SECTION, shall have printed
thereon, on the side opposite the [statement,] AFFIRMATION, instructions
as to the duties of the military voter after the marking of the ballot[,
which].  SUCH  instructions  shall  include  [a]  specific   [direction]
DIRECTIONS stating that the [envelope] BALLOT must be RETURNED IN PERSON
OR  mailed  to the appropriate board of elections [and a specific direc-
tion stating], when [such] THE OUTER envelope  must  be  postmarked,  IF
MAILED,  and  when  such envelope, WHETHER RETURNED IN PERSON OR MAILED,

A. 10681--B                         4

must reach such board of elections in order to be canvassed. Such  INNER
AFFIRMATION  envelope shall also include a direction that an application
for A military ballot should not be enclosed in [such] THE INNER  AFFIR-
MATION envelope CONTAINING SUCH BALLOT.
  [4-b.  Notwithstanding any inconsistent provision of law, the standard
affirmation prescribed by the presidential designee under the  uniformed
and  overseas  citizens  absentee  voting  act affirming that a material
misstatement of fact may constitute a violation of law shall be used  on
any  forms  and  envelopes  requiring  such an affirmation by a voter to
which such act applies.
  5.] 7. IF A MILITARY VOTER HAS DESIGNATED A PREFERENCE TO RECEIVE  HIS
OR  HER  BALLOT BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL PURSUANT TO
SECTION 10-107 OF THIS CHAPTER, THE TRANSMISSION OF THE MILITARY VOTER'S
BALLOT SHALL INCLUDE, TOGETHER WITH ALL  INFORMATION  AND  INSTRUCTIONAL
MATERIALS THAT ACCOMPANY BALLOT MATERIALS SENT BY THE BOARD OF ELECTIONS
TO  OTHER ABSENTEE VOTERS, APPROPRIATE INSTRUCTIONS AS TO THE FOLDING OF
SAME SO AS TO CREATE AN INNER AFFIRMATION ENVELOPE CONTAINING ALL OF THE
INFORMATION SET FORTH IN  SUBDIVISIONS  THREE,  FOUR  AND  SIX  OF  THIS
SECTION.
  8. Such [ballot] INNER AFFIRMATION envelope [and] CONTAINING THE mili-
tary ballot shall be enclosed in [a second] AN OUTER envelope, addressed
to  the  appropriate  board  of  elections,  and bearing on it the words
"Official Election Ballot--Via Air Mail"[, and a].  THE  OUTER  ENVELOPE
SHALL  INCLUDE  specific  [direction]  DIRECTIONS  that  if  an ORIGINAL
COMPLETED application for a military ballot [is received with such mili-
tary ballot] HAS NOT ALREADY BEEN RETURNED IN PERSON OR  MAILED  TO  THE
MILITARY  VOTER'S BOARD OF ELECTIONS, such application must be completed
by the military voter and returned [in such envelope together  with  the
envelope  containing the military ballot] IN THE OUTER ENVELOPE WITH THE
SEALED INNER AFFIRMATION ENVELOPE CONTAINING THE MILITARY BALLOT  WITHIN
THE  TIME  LIMITS  FOR  THE RECEIPT OF THE MILITARY BALLOT ITSELF.  Such
envelope shall provide lines in the upper left corner for  the  military
voter to write his OR HER name and complete military address.
  [6.] 9. The [second] OUTER envelope addressed to the appropriate board
of  elections  and  the  INNER  AFFIRMATION  envelope which contains the
ballot shall be mailed to the military voter  in  a  third  envelope  on
which is printed the words "Official Election Ballot--Via Air Mail".
  [7.] 10. At the side opposite the address on the [second] OUTER envel-
ope, below the gummed seal, FOR A BALLOT DELIVERED BY MAIL OR IN PERSON,
OR  BELOW  THE  FLAP  FOR  A BALLOT TRANSMITTED TO THE MILITARY VOTER BY
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, shall be printed:

This ballot was mailed on _________ which is not later than the
                           (date)
day before the election.

_______________               _____________
Signed (Witness)                  Date
  11.   IF THE MILITARY VOTER'S  PREFERRED  METHOD  OF  TRANSMISSION  IS
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, THE ELECTRONIC TRANSMITTAL OF
THE   MILITARY   VOTER'S  BALLOT  MATERIALS  SHALL  INCLUDE  APPROPRIATE
INSTRUCTIONS AS TO THE FOLDING OF SAME SO AS TO CREATE AN OUTER ENVELOPE
CONTAINING ALL OF THE INFORMATION SET FORTH IN  SUBDIVISIONS  EIGHT  AND
TEN OF THIS SECTION.

A. 10681--B                         5

  S  3.  Section 7-124 of the election law, as added by chapter 8 of the
laws of 1978, subdivision 1 as amended by chapter 259  of  the  laws  of
1991,  subdivisions  2  and  3  as amended by chapter 235 of the laws of
2000, subdivision 4 as amended by chapter 99 of the  laws  of  1989  and
subdivision  5 as amended by chapter 216 of the laws of 1988, is amended
to read as follows:
  S 7-124. Ballots [for]; special federal voters.  1.  The  ballots  for
special  federal  voters  shall  provide for voting for presidential and
vice-presidential electors, United  States  senator,  representative  in
congress, and delegates and alternate delegates to a national convention
only  and  shall  be in the form prescribed by this chapter for absentee
ballots, except that on either the front or the back of the ballot shall
be printed  or  stamped  the  words  "Official  Ballot--Special  Federal
Voter", provided, however, that at any election at which special federal
voters may vote for all the offices and positions on the ballot, no such
separate  ballot  shall  be  printed  and the ballot for special federal
voters shall be the same as the ballot provided to  absentee  voters  in
such election.
  2.  The board of elections shall furnish AN INNER AFFIRMATION ENVELOPE
with each special federal ballot [an envelope. On one side of the]  UPON
WHICH envelope shall be printed:
  I SWEAR OR AFFIRM THAT:
  (A)  I  AM A UNITED STATES CITIZEN RESIDING OUTSIDE THE UNITED STATES,
AND
  (B) I AM AT LEAST EIGHTEEN YEARS OF AGE (OR WILL BE BY THE DAY OF  THE
ELECTION), ELIGIBLE TO VOTE IN THE REQUESTED JURISDICTION, AND
  (C)  I  HAVE NEITHER BEEN CONVICTED OF A FELONY OR OTHER DISQUALIFYING
OFFENSE NOR BEEN ADJUDICATED MENTALLY INCOMPETENT, OR IF SO,  MY  VOTING
RIGHTS HAVE BEEN REINSTATED, AND
  (D)  I  AM NOT QUALIFIED TO REGISTER, REQUEST A BALLOT, OR VOTE IN ANY
OTHER JURISDICTION IN THE UNITED STATES, AND
  (E) MY SIGNATURE AND DATE BELOW INDICATE WHEN I COMPLETED  THIS  DOCU-
MENT, AND
  (F)  THE  INFORMATION ON THIS FORM IS TRUE AND COMPLETE TO THE BEST OF
MY KNOWLEDGE.
  I UNDERSTAND THAT A MATERIAL MISSTATEMENT OF FACT IN THE COMPLETION OF
THIS DOCUMENT MAY CONSTITUTE GROUNDS FOR CONVICTION OF A CRIME.

DATE......... 20......
                                         ...............................
                                         SIGNATURE OR MARK OF VOTER
                                         ...............................
                                         SIGNATURE OF WITNESS (REQUIRED
                                         ONLY IF VOTER DOES NOT SIGN HIS
                                         OWN NAME)
                                         ...............................
                                         ADDRESS OF WITNESS

  3. ON THE REVERSE SIDE OF THE  INNER  AFFIRMATION  ENVELOPE  SHALL  BE
PRINTED:

      [OFFICIAL BALLOT, SPECIAL FEDERAL VOTERS,] TO BE FILLED IN BY
                         THE BOARD OF ELECTIONS

FOR..........ELECTION......... 20......

A. 10681--B                         6

Name of voter ..........................................................
Residence from which vote is being cast:
  Street and number ....................................................
  City or town .........................................................
  County ...............................................................
  Assembly District or Ward ............................................
  Election District ....................................................
  Party Enrollment (in case of primary election) .......................

  [The date of the election and the name of the county shall be printed,
and  the  name  of the voter, residence, name of town, number of ward or
assembly district, if any, and election district shall be either printed
or written or stamped in by the  board]  IMPORTANT  TO  SPECIAL  FEDERAL
VOTER: YOU MUST SIGN THE AFFIRMATION ON THIS ENVELOPE.
  [3.  On the reverse side of such envelope shall be printed the follow-
ing statement:

                   STATEMENT OF SPECIAL FEDERAL VOTER

  I  do declare I am a qualified special federal voter of said district;
that I am not qualified and am not able to  qualify  to  vote  elsewhere
than  as set forth on the reverse side of this envelope; that I have not
committed any act nor am I under any  impediment  which  denies  me  the
right to vote.
  I hereby declare that the foregoing is a true statement to the best of
my  knowledge  and  belief, and I understand that if I make any material
false statement in the foregoing statement,  I  shall  be  guilty  of  a
misdemeanor.

Date......... 20......
                                         ...............................
                                         Signature or mark of voter
                                         ...............................
                                         Signature of Witness (required
                                         only if voter does not sign his
                                         own name)
                                         ...............................
                                         Address of Witness]

  4.    THE  INFORMATION  IN  SUBDIVISION THREE OF THIS SECTION SHALL BE
FILLED IN BY THE BOARD OF ELECTIONS PRIOR TO THE MAILING OF ANY  SPECIAL
FEDERAL  BALLOT  AND  ENVELOPES IF THE SPECIAL FEDERAL VOTER'S PREFERRED
METHOD OF TRANSMISSION WITH THE BOARD OF ELECTIONS IS BY MAIL, OR IT MAY
BE FILLED IN BY THE BOARD OF ELECTIONS  UPON  RECEIPT  OF  THE  RETURNED
SPECIAL  FEDERAL  BALLOT  AND ENVELOPE WHEN THE BALLOT AND ENVELOPE HAVE
BEEN TRANSMITTED TO THE SPECIAL FEDERAL VOTER OTHER THAN BY MAIL  OR  IN
PERSON.
  5.  The INNER AFFIRMATION envelope, IF DELIVERED BY MAIL OR IN PERSON,
shall be gummed[,] AND ready for sealing[, and]. SUCH ENVELOPE,  OR  ANY
CREATED  BY  THE  SPECIAL  FEDERAL  VOTER  WHOSE BALLOT WAS DELIVERED BY
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL IN ACCORDANCE WITH SUBDIVISION
SIX OF THIS SECTION, shall have printed thereon, on  the  side  opposite
the  [statement] AFFIRMATION, instructions as to the duties of the voter
after the marking  of  the  ballot[,  which].  SUCH  instructions  shall
include  [a] specific [direction] DIRECTIONS stating that the [envelope]
BALLOT must be [delivered] RETURNED IN PERSON or mailed to the appropri-

A. 10681--B                         7

ate board of elections [and a specific direction stating],  when  [such]
THE  OUTER  envelope  must  be  [delivered or postmarked] POSTMARKED, IF
MAILED, and when such envelope,  [if  so  mailed]  WHETHER  RETURNED  IN
PERSON  OR  MAILED,  must  reach  such board of elections in order to be
canvassed.  SUCH INNER AFFIRMATION ENVELOPE SHALL ALSO INCLUDE A  DIREC-
TION  THAT  AN  APPLICATION  FOR  A SPECIAL FEDERAL BALLOT SHOULD NOT BE
ENCLOSED IN THE INNER AFFIRMATION ENVELOPE CONTAINING SUCH BALLOT.
  [5. Such envelope shall be enclosed in a second envelope bearing on it
the address of the board of  elections,  the  words  "Official  Election
Balloting  Material--Via  Air  Mail" and a specific direction that if an
application for special federal ballot is received with the ballot, such
application must be completed by the voter and returned in such envelope
together with the envelope containing the special federal ballot.]
  6. IF A SPECIAL FEDERAL VOTER HAS DESIGNATED A PREFERENCE  TO  RECEIVE
HIS  OR HER BALLOT BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL PURSUANT
TO SECTION 11-203 OF THIS  CHAPTER,  THE  TRANSMISSION  OF  THE  SPECIAL
FEDERAL  VOTER'S BALLOT SHALL INCLUDE, TOGETHER WITH ALL INFORMATION AND
INSTRUCTIONAL MATERIALS THAT ACCOMPANY  BALLOT  MATERIALS  SENT  BY  THE
BOARD OF ELECTIONS TO OTHER ABSENTEE VOTERS, APPROPRIATE INSTRUCTIONS AS
TO THE FOLDING OF SAME SO AS TO CREATE AN ENVELOPE CONTAINING ALL OF THE
INFORMATION  SET  FORTH  IN  SUBDIVISIONS  TWO,  THREE  AND FIVE OF THIS
SECTION.
  7. SUCH INNER AFFIRMATION  ENVELOPE  CONTAINING  THE  SPECIAL  FEDERAL
BALLOT SHALL BE ENCLOSED IN AN OUTER ENVELOPE ADDRESSED TO THE APPROPRI-
ATE  BOARD  OF ELECTIONS, AND BEARING ON IT THE WORDS "OFFICIAL ELECTION
BALLOT--VIA  AIR  MAIL".  THE  OUTER  ENVELOPE  SHALL  INCLUDE  SPECIFIC
DIRECTIONS  THAT  IF  AN  ORIGINAL  COMPLETED  APPLICATION FOR A SPECIAL
FEDERAL BALLOT HAS NOT ALREADY BEEN DELIVERED OR MAILED TO  THE  SPECIAL
FEDERAL  VOTER'S  BOARD OF ELECTIONS, SUCH APPLICATION MUST BE COMPLETED
BY THE SPECIAL FEDERAL VOTER AND RETURNED IN THE OUTER ENVELOPE WITH THE
SEALED INNER AFFIRMATION ENVELOPE CONTAINING THE SPECIAL FEDERAL  BALLOT
WITHIN  THE  TIME  LIMITS  FOR THE RECEIPT OF THE SPECIAL FEDERAL BALLOT
ITSELF.  SUCH ENVELOPE SHALL PROVIDE LINES IN THE UPPER LEFT CORNER  FOR
THE  SPECIAL FEDERAL VOTER TO WRITE HIS OR HER NAME AND COMPLETE SPECIAL
FEDERAL ADDRESS.
  8. THE OUTER ENVELOPE ADDRESSED TO THE APPROPRIATE BOARD OF  ELECTIONS
AND  THE  INNER  AFFIRMATION ENVELOPE WHICH CONTAINS THE BALLOT SHALL BE
MAILED TO THE SPECIAL FEDERAL VOTER IN A  THIRD  ENVELOPE  ON  WHICH  IS
PRINTED THE WORDS "OFFICIAL ELECTION BALLOT--VIA AIR MAIL".
  9.  IF THE SPECIAL FEDERAL VOTER'S PREFERRED METHOD OF TRANSMISSION IS
FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, THE ELECTRONIC TRANSMITTAL OF
THE SPECIAL FEDERAL VOTER'S BALLOT MATERIALS SHALL  INCLUDE  APPROPRIATE
INSTRUCTIONS AS TO THE FOLDING OF SAME SO AS TO CREATE AN OUTER ENVELOPE
CONTAINING ALL OF THE INFORMATION SET FORTH IN SUBDIVISION EIGHT OF THIS
SECTION.
  S  4.  Paragraph (d) of subdivision 2 of section 8-400 of the election
law, as amended by chapter 165 of the laws of 2009, 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 a letter, which is
signed 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. 10681--B                         8

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.
  S 5. Section 9-209 of the election law, as amended by chapter  251  of
the  laws  of 1984, the section heading, the opening paragraph and para-
graph a of subdivision 2 as amended by chapter 179 of the laws of  2005,
paragraph  a  of  subdivision 1 as amended by chapter 165 of the laws of
2009, subparagraph 3 of paragraph a of subdivision 2 as added by chapter
248 of the laws of 2009, paragraph b of subdivision 2 as added and para-
graphs c and e of subdivision 2 as relettered by chapter 94 of the  laws
of  1987,  subparagraph  1  of  paragraph b of subdivision 2 as amended,
subparagraph 2 of paragraph b of subdivision 2 as added and subparagraph
3 of paragraph b of subdivision 2 as renumbered by chapter  155  of  the
laws  of  1994,  paragraph c of subdivision 2 as added by chapter 352 of
the laws of 1986 and paragraph d of subdivision 2 as amended by  chapter
79 of the laws of 1992, is amended to read as follows:
  S 9-209. Canvass of absentee, military and special ballots and ballots
cast  by  voters  with  registration  poll  records  missing  on days of
election or voters who have not had their identity  previously  verified
or  who  have  moved after registering. Before completing the canvass of
votes cast in any primary, general, special, or other election at  which
voters  are  required  to  sign  their  registration poll records before
voting, the board of elections shall proceed in the  manner  hereinafter
prescribed to cast and canvass any absentee, military, special presiden-
tial,  special  federal or other special ballots which were not cast and
canvassed at the polling place, and any  ballots  voted  by  voters  who
moved  within  the  county  or city after registering, voters who are in
inactive status, voters whose registration was  incorrectly  transferred
to another address even though they did not move, or voters whose regis-
tration  poll records were missing on the day of such election or voters
who have not had their identity previously verified or  whose  registra-
tion poll records did not show them to be enrolled in the party in which
they  claimed  to be enrolled. Each such ballot shall be retained in the
original envelope containing the voter's  affidavit  and  signature,  in
which it is delivered to the board of elections until such time as it is
to be cast and canvassed.
  1.  [a.]  (A) The board of elections shall designate itself or such of
its employees as it shall deem appropriate as a set of  poll  clerks  to
cast  and canvass such ballots, and fix a time and place for their meet-
ing for such purpose, provided that such meeting shall be no  more  than
fourteen days after a general or special election and no more than eight
days after a primary election at which such ballots are voted. The board
may  designate  additional sets of poll clerks and if it designates more
than one such set shall apportion  among  all  such  sets  the  election
districts  from which such ballots have been received, provided that all
such ballots from a single election district  shall  be  assigned  to  a
single  set  of  clerks, and that each such set shall be divided equally
between representatives of the two major political  parties.  Each  such
set of clerks shall be deemed a central board of inspectors for purposes
of this section.

A. 10681--B                         9

  [b.]  (B) At least five days prior to the time fixed for such meeting,
the board shall send notice by first class mail to each candidate, poli-
tical party, and independent body entitled to have had watchers  present
at  the polls in any election district in the board's jurisdiction. Such
notice  shall  state  the  time  and  place  fixed by the board for such
canvass.
  [c.] (C) Each such candidate, political party,  and  independent  body
shall be entitled to appoint such number of watchers to attend upon each
central board of inspectors as such candidate, political party, or inde-
pendent  body  was  entitled  to  appoint  at  such  election in any one
election district for which such central board of inspectors  is  desig-
nated to act.
  2. [a. 1.] (A)(I) Upon assembling at the time and place fixed for such
meeting,  each  central  board  of inspectors shall cast and canvass the
envelopes and the ballots therein contained as nearly as practicable  in
the manner provided by this chapter for a board of inspectors to consid-
er, cast, and canvass absentee ballot envelopes and ballots at the poll-
ing place.
  [2.]  (II)  If  the  board  of inspectors determines that a person was
entitled to vote at such election it shall cast and canvass such  ballot
if  such board finds that ministerial error by the board of elections or
any of its employees caused such ballot envelope not to be valid on  its
face.
  [3.]  (III)  If  the  board  of elections determines that a person was
entitled to vote at such election, the board shall cast and canvass such
ballot if such board finds that the voter appeared at the correct  poll-
ing  place,  regardless  of the fact that the voter may have appeared in
the incorrect election district.
  [b. 1.] (B)(I) Such board of inspectors shall also  cast  and  canvass
any federal write-in ABSENTEE ballots validly cast by an absentee VOTER,
A military VOTER or A special federal voter for the offices of president
and   vice-president,   United  States  senator  and  representative  in
congress.  SUCH BOARD OF INSPECTORS SHALL  ALSO  CAST  AND  CANVASS  ANY
FEDERAL  WRITE-IN  ABSENTEE BALLOTS VALIDLY CAST BY A MILITARY VOTER FOR
ALL QUESTIONS OR PROPOSALS, PUBLIC OFFICES OR PARTY POSITIONS FOR  WHICH
A  MILITARY  VOTER  IS OTHERWISE ELIGIBLE TO VOTE AS PROVIDED IN SECTION
10-104 OF THIS CHAPTER.
  [2.]  (II)  Federal  write-in  ABSENTEE  ballots  shall  be  cast  and
canvassed  only  if:  (A)  an  application  for an absentee, military or
special federal ballot was  received  from  the  absentee,  military  or
special  federal  voter  at least thirty days before election day[, if];
(B) the federal write-in ABSENTEE ballot was submitted  from  INSIDE  OR
outside  the  United  States[,  if] BY A MILITARY VOTER OR WAS SUBMITTED
FROM OUTSIDE THE UNITED STATES BY A  SPECIAL  FEDERAL  VOTER;  (C)  such
ballot  is  received  by  the  board of elections not later than [seven]
THIRTEEN days following the day of election OR SEVEN DAYS AFTER A PRIMA-
RY ELECTION; and [if] (D) the  absentee,  military  or  special  federal
ballot  which  was  sent  to  the  voter is not received by the board of
elections by the [seventh] THIRTEENTH day following the day of A GENERAL
OR SPECIAL election OR THE SEVENTH DAY AFTER A PRIMARY ELECTION.
  (III) If such a federal write-in ABSENTEE  ballot  is  received  after
election  day,  the envelope in which it is received must contain: (A) a
cancellation mark of the United States postal service or a foreign coun-
try's postal service[, or]; (B) a dated endorsement of receipt by anoth-
er agency of the United States government[,]; OR (C) IF CAST BY A  MILI-
TARY  VOTER, THE SIGNATURE AND DATE OF THE VOTER AND ONE WITNESS THERETO

A. 10681--B                        10

with a date which is ascertained to be not later  than  the  day  before
election day.
  [3.] (IV) If such a federal write-in ABSENTEE ballot contains the name
of  a person or persons in the space provided for a vote for any office,
such ballot shall be counted as a vote for such  person  or  persons.  A
vote  for  a  person who is the candidate of a party or independent body
either for president or vice-president shall be deemed to be a vote  for
both  the candidates of such party or independent body for such offices.
If such a ballot contains the name of a party or independent body in the
space provided for a vote for any office, such ballot shall be deemed to
be a vote for the candidate or candidates, if  any,  of  such  party  or
independent  body  for such office. In the case of the offices of presi-
dent and vice-president a vote cast for a candidate, either directly  or
by  writing  in  the  name of a party or independent body, shall also be
deemed to be votes for the electors  supporting  such  candidate.    Any
abbreviation,  misspelling  or  other minor variation in the form of the
name of a candidate or a party or independent body shall be  disregarded
in  determining  the  validity  of  the  ballot, if the intention can be
ascertained.
  [c.] (C) The following provisions shall apply to casting and  canvass-
ing  of  all  such  ballots  which  are counted by machine and all other
provisions of this chapter with respect to casting and  canvassing  such
ballots which are not inconsistent with this paragraph shall be applica-
ble to such ballots.
  [1.]  (I)  Such  ballots shall be counted by placing them, arranged by
election district, in the counting machine.
  [2.] (II) Such ballots may be separated  into  sections  before  being
placed in the counting machine.
  [3.] (III) Any write-in ballots and any ballots which cannot be count-
ed  by the machine shall be counted manually subject to all the applica-
ble provisions of this chapter with respect to  counting  of  [absentee]
ballots.
  [4.] (IV) The record of the vote counted by machine for each candidate
and  for and against each ballot proposal, printed by election district,
shall be preserved in the same manner and for the  same  period  as  the
returns of canvass for the election.
  [d.] (D) Any person lawfully present may object to the refusal to cast
or canvass any ballot on the grounds that the voter is a properly quali-
fied  voter  of the election district, or in the case of a party primary
duly enrolled in such party, or to the  casting  or  canvassing  of  any
ballot  on  the grounds that the voter is not a properly qualified voter
of the election district, or in the case of a  party  primary  not  duly
enrolled  in  such party, or otherwise not entitled to cast such ballot.
When any such objection is made, the central board of  inspectors  shall
forthwith  proceed  to  determine such objection and reject or cast such
ballot according to such determination. If the board cannot agree as  to
the  validity of the ballot it shall set the ballot aside, unopened, for
a period of three days at which time the ballot envelope shall be opened
and the vote counted unless otherwise directed by an order of the court.
  [e.] (E) Upon completing the casting  and  canvassing  of  ballots  as
hereinabove  provided  for  any  election district, the central board of
inspectors shall thereupon, as  nearly  as  practicable  in  the  manner
provided  in  this  chapter  for  absentee ballots, verify the number of
ballots so cast, tally the votes so cast, add such tally to the previous
tally of all votes cast in such  election  district,  and  announce  the
result.

A. 10681--B                        11

  S  6.  Subdivisions  1  and  2  of section 10-102 of the election law,
subdivision 2 as amended by chapter 373 of the laws of 1978, are amended
to read as follows:
  1.  "Military  service" means the military service of the state, or of
the United States, including the army, navy, marine  corps,  air  force,
coast  guard,  MERCHANT MARINE and all components thereof, and the coast
and geodetic survey, the public health service, the national guard  when
in the service of the United States pursuant to call as provided by law,
and  the  cadets  or  midshipmen  of the United States Military Academy,
United States Naval Academy, United States Air Force Academy and  United
States Coast Guard Academy.
  2.  "Military  voter" means a qualified voter of the state of New York
who is in the actual military service, as defined in the preceding para-
graph of this section, and by reason of such military service is  absent
from  his  election  district of residence on the day of registration or
election, or a voter who is discharged from such military service within
thirty days of an election  and  the  spouse,  parent  [and],  child  OR
DEPENDENT  of  such  voter  accompanying  or being with him or her, if a
qualified voter and a resident of the same election district.
  S 7. Subdivisions 3, 4 and 11 of section 10-106 of the  election  law,
subdivision 3 as added by chapter 165 of the laws of 2009, subdivision 4
as  amended  by  chapter  262  of the laws of 2003 and subdivision 11 as
amended by chapter 290 of the laws of  1991,  are  amended  to  read  as
follows:
  3.  [A]  (A) IN ADDITION TO ANY OTHER METHOD OF REGISTERING TO VOTE OR
OF APPLYING FOR A MILITARY BALLOT, A military voter may  [apply  for  a]
REQUEST  A VOTER REGISTRATION APPLICATION OR military ballot APPLICATION
by facsimile transmission TO THE BOARD OF ELECTIONS OR pursuant  to  the
Uniformed  and  Overseas  Citizens  Absentee Voting Act or BY electronic
mail.  WHEN MAKING SUCH A REQUEST, THE MILITARY VOTER  MAY  DESIGNATE  A
PREFERENCE  FOR  TRANSMISSION OF SUCH VOTER REGISTRATION APPLICATION AND
MILITARY BALLOT APPLICATION PURSUANT TO SECTION 10-107 OF THIS ARTICLE.
  (B) THE MILITARY BALLOT APPLICATION SHALL ALLOW THE MILITARY VOTER  TO
DESIGNATE  A PREFERENCE FOR TRANSMISSION OF THE MILITARY BALLOT PURSUANT
TO SECTION 10-107 OF THIS ARTICLE.
  (C) THE PROCEDURES FOR RECEIVING DOCUMENTS FROM AND TRANSMITTING DOCU-
MENTS TO A MILITARY VOTER SHALL, TO THE EXTENT PRACTICABLE, PROTECT  THE
SECURITY  AND  INTEGRITY OF THE MILITARY VOTER REGISTRATION AND MILITARY
BALLOT APPLICATION REQUEST PROCESS AND PROTECT THE PRIVACY OF THE  MILI-
TARY  VOTER,  INCLUDING  THE  VOTER'S  IDENTITY AND OTHER PERSONAL DATA.
NOTHING IN THIS PARAGRAPH  SHALL  LIMIT  THE  INFORMATION  THAT  MAY  BE
OBTAINED PURSUANT TO SECTION 3-220 OF THIS CHAPTER.
  4.  Not earlier than the ninetieth or later than the seventy-fifth day
before each general election, each county or  city  board  of  elections
shall  send,  IN  ACCORDANCE  WITH  THE PREFERRED METHOD OF TRANSMISSION
DESIGNATED BY THE VOTER PURSUANT TO SECTION 10-107 OF THIS  ARTICLE,  to
each  person  who  is  registered as a military voter and to every other
military voter in such county  or  city  for  whom  it  has  a  military
address,  an application for a military ballot for such general election
in a form prescribed by  the  state  board  of  elections,  which  shall
include  a  place  for  such  military voter to enroll in a party, [on a
postcard bearing] AND SHALL INCLUDE the return address of such board  of
elections[;  provided,  however,  the  county or city board of elections
shall not send such an application to any person who has applied  for  a
military  ballot  and  is  entitled  to  receive  such  ballot  for such
election].

A. 10681--B                        12

  11. A board of elections may send to  any  spouse,  parent,  or  adult
child,  brother  or sister of a military voter serving INSIDE OR outside
of the continental limits of the United States,  an  application  for  a
military  ballot,  in a form prescribed by the state board of elections.
Such  application  shall  be  on a postcard addressed to the appropriate
board of elections and shall include the statement  "I  understand  that
this  application will be accepted for all purposes as the equivalent of
an affidavit and, if it  contains  a  material  false  statement,  shall
subject  me  to  the  same  penalties as if I had been duly sworn". Such
application may be signed by the spouse, parent or adult child,  brother
or  sister  of  such military voter. Upon receipt of such an application
from such a relative of a military voter, the board of  elections  shall
mail  a military ballot to such military voter together with an applica-
tion for a military ballot and instructions that such  application  must
be  completed  and  returned  together  with the envelope containing the
military ballot. No ballot sent to a military voter upon the application
of a relative of such military voter shall be cast or canvassed unless a
completed application for military ballot signed by such military  voter
is  [received with such] RETURNED WITHIN THE TIME LIMITS FOR THE RECEIPT
OF THE MILITARY ballot ITSELF.
  S 8. The election law is amended by adding a  new  section  10-107  to
read as follows:
  S  10-107.  MILITARY  VOTERS;  DESIGNATION OF MEANS OF TRANSMISSION BY
MILITARY VOTERS. 1.   A MILITARY VOTER MAY  DESIGNATE  A  PREFERENCE  TO
RECEIVE  A VOTER REGISTRATION APPLICATION, A MILITARY BALLOT APPLICATION
OR A MILITARY BALLOT BY MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL.
SUCH DESIGNATION SHALL REMAIN IN EFFECT UNTIL REVOKED OR CHANGED BY  THE
MILITARY  VOTER.    IF A MILITARY VOTER DOES NOT DESIGNATE A PREFERENCE,
THE BOARD OF ELECTIONS SHALL TRANSMIT THE  VOTER  REGISTRATION  APPLICA-
TION,  MILITARY  BALLOT  APPLICATION  OR MILITARY BALLOT BY MAIL.   IF A
MILITARY VOTER DESIGNATES A PREFERENCE  FOR  FACSIMILE  TRANSMISSION  OR
ELECTRONIC  MAIL  BUT DOES NOT PROVIDE THE NECESSARY FACSIMILE NUMBER OR
E-MAIL ADDRESS, THE BOARD OF ELECTIONS SHALL TRANSMIT THE  VOTER  REGIS-
TRATION  APPLICATION,  MILITARY BALLOT APPLICATION OR MILITARY BALLOT BY
MAIL AND REQUEST THE OMITTED  INFORMATION.  ALL  COMMUNICATIONS  TO  THE
MILITARY  VOTER  SHALL  INCLUDE  THE  MAILING  ADDRESS  OF  THE BOARD OF
ELECTIONS.
  2. IRRESPECTIVE OF THE PREFERRED METHOD OF TRANSMISSION DESIGNATED  BY
A  MILITARY VOTER, A MILITARY VOTER'S ORIGINAL COMPLETED VOTER REGISTRA-
TION APPLICATION, MILITARY BALLOT APPLICATION AND MILITARY  BALLOT  MUST
BE  RETURNED  BY MAIL OR IN PERSON NOTWITHSTANDING THAT A PRIOR COPY WAS
SENT TO THE BOARD OF ELECTIONS BY FACSIMILE TRANSMISSION  OR  ELECTRONIC
MAIL.
  S  9.  Subdivision 1 of section 10-108 of the election law, as amended
by chapter 262 of the laws of 2003, is amended to read as follows:
  1. (A) Ballots for  military  voters  shall  be  mailed  or  otherwise
distributed  by the board of elections, IN ACCORDANCE WITH THE PREFERRED
METHOD OF TRANSMISSION DESIGNATED  BY  THE  VOTER  PURSUANT  TO  SECTION
10-107  OF THIS ARTICLE, NOT LATER THAN thirty-two days before a primary
or general election; twenty-five days before a New York  city  community
school board district or city of Buffalo school district election; [and]
fourteen  days  before  a  village  election  conducted  by the board of
elections; and twelve days  before  a  special  election.  A  voter  who
submits  a  military  ballot application shall be entitled to a military
ballot thereafter for each subsequent election through and including the
next two regularly scheduled general elections  held  in  even  numbered

A. 10681--B                        13

years,  including  any run-offs which may occur; provided, however, such
application shall not be valid for any election held within  seven  days
after  its receipt.  Ballots shall also be mailed to any qualified mili-
tary  voter  who  is  already  registered and who requests such military
ballot from such board of elections in a letter, which is signed by  the
voter  and received by the board of elections not later than the seventh
day before the election for which the  ballot  is  requested  and  which
states  the  address  where  the  voter is registered and the address to
which the ballot is to be mailed. The board of elections  shall  enclose
with  such ballot a form of application for military ballot. In the case
of a primary election, the board shall deliver only the  ballot  of  the
party  with  which the military voter is enrolled according to the mili-
tary voter's registration records. In the event a  primary  election  is
uncontested in the military voter's election district for all offices or
positions except the party position of member of the ward, town, city or
county  committee,  no  ballot shall be delivered to such military voter
for such election; and the military voter shall be advised of the reason
why he or she will not receive a ballot.
  (B) UPON THE PROCLAMATION OF A SPECIAL ELECTION  BY  THE  GOVERNOR  OR
OTHERWISE PURSUANT TO LAW, EACH BOARD OF ELECTIONS SHALL, NOT LATER THAN
THREE DAYS AFTER THE ESTABLISHMENT OF THE DATE OF SUCH SPECIAL ELECTION,
TRANSMIT  BY  MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL IN ACCORD-
ANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY  THE  VOTER
PURSUANT  TO SECTION 10-107 OF THIS ARTICLE, A FEDERAL WRITE-IN ABSENTEE
BALLOT TO ALL MILITARY VOTERS ELIGIBLE TO VOTE  BY  MILITARY  BALLOT  IN
SUCH SPECIAL ELECTION.
  (C)  EACH  BOARD  OF  ELECTIONS  WHICH  IS  SERVED  WITH A COURT ORDER
RESTRAINING OR ENJOINING THE ISSUANCE OF BALLOTS IN ANY ELECTION,  OTHER
THAN  A  SPECIAL  ELECTION,  IN  WHICH ANY MILITARY VOTER IS ENTITLED TO
RECEIVE A BALLOT SHALL IMMEDIATELY NOTIFY THE STATE BOARD  OF  ELECTIONS
OF  SUCH FACT AND SHALL TRANSMIT IN ACCORDANCE WITH THE PREFERRED METHOD
OF TRANSMISSION DESIGNATED BY THE VOTER,  A  FEDERAL  WRITE-IN  ABSENTEE
BALLOT TO ALL MILITARY VOTERS ELIGIBLE TO VOTE IN SUCH ELECTION.
  (D)  A  MILITARY  VOTER  WHO  HAS RECEIVED A FEDERAL WRITE-IN ABSENTEE
BALLOT SHALL BE ENTITLED TO RECEIVE A CERTIFIED  BALLOT  NOTWITHSTANDING
THE  PRIOR  TRANSMISSION  OF  A FEDERAL WRITE-IN ABSENTEE BALLOT TO SUCH
VOTER PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION.  SUCH CERTI-
FIED MILITARY BALLOT SHALL BE SENT BY THE BOARD OF ELECTIONS IN  ACCORD-
ANCE  WITH  THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER
PURSUANT TO SECTION 10-107 OF THIS ARTICLE, OR  EXPEDITED  MAIL  IF  THE
MILITARY VOTER HAS NOT EXPRESSED A PREFERENCE TO RECEIVE SAME BY FACSIM-
ILE  TRANSMISSION OR ELECTRONIC MAIL, AND HIS OR HER REQUEST FOR A MILI-
TARY BALLOT WAS MADE AT LEAST THIRTY-TWO DAYS BEFORE THE ELECTION.
  S 10. Section 10-112 of the election law, subdivision 1 as amended  by
chapter 290 of the laws of 1991, is amended to read as follows:
  S  10-112.  Military voter; voting. [1.] The military voter shall mark
the military ballot provided for in this article in the same  manner  as
an  absentee ballot. After marking the ballot, he OR SHE shall fold such
ballot and enclose it in the [ballot] INNER AFFIRMATION envelope bearing
the military voter's [statement]  AFFIRMATION  ON  THE  OUTSIDE  OF  THE
ENVELOPE  and  seal the envelope.  He OR SHE shall then sign the [state-
ment] AFFIRMATION, with the blanks properly filled in.  The INNER AFFIR-
MATION envelope containing the MILITARY ballot shall then be inserted in
the OUTER envelope addressed to  the  appropriate  board  of  elections,
which  shall be mailed or [otherwise] PERSONALLY delivered to such board

A. 10681--B                        14

of elections of his OR HER county of residence WITHIN  THE  TIME  LIMITS
PROVIDED BY THIS CHAPTER.
  S  11.  The  election law is amended by adding a new section 10-125 to
read as follows:
  S 10-125. MILITARY VOTERS; PROHIBITING REFUSAL TO ACCEPT VOTER  REGIS-
TRATION  AND  MILITARY BALLOT APPLICATIONS, MARKED MILITARY BALLOTS, AND
FEDERAL WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET  CERTAIN  REQUIRE-
MENTS.  1.  A  BOARD OF ELECTIONS SHALL NOT REFUSE TO ACCEPT AND PROCESS
ANY OTHERWISE VALID VOTER REGISTRATION APPLICATION  OR  MILITARY  BALLOT
APPLICATION  (INCLUDING  THE  OFFICIAL  POST  CARD FORM PRESCRIBED UNDER
SECTION 101 OF THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE  VOTING  ACT
(42  USC  1973FF))  OR  MARKED  MILITARY  BALLOT  SUBMITTED  BY  MAIL OR
PERSONALLY DELIVERED, SOLELY ON THE BASIS OF THE FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  2. A BOARD OF ELECTIONS SHALL NOT REFUSE TO  ACCEPT  AND  PROCESS  ANY
OTHERWISE VALID FEDERAL WRITE-IN ABSENTEE BALLOT SUBMITTED IN ANY MANNER
BY A MILITARY VOTER SOLELY ON THE BASIS OF THE FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  3. THE STATE BOARD OF ELECTIONS, IN COORDINATION WITH COUNTY BOARDS OF
ELECTIONS,  SHALL DEVELOP A FREE ACCESS SYSTEM BY WHICH A MILITARY VOTER
MAY DETERMINE WHETHER THE MILITARY BALLOT OF THE MILITARY VOTER HAS BEEN
RECEIVED BY THE APPROPRIATE BOARD OF ELECTIONS.
  S 12. Subdivision 1 of section 11-106 of the election law  is  amended
to read as follows:
  1.   The application forms shall [contain a detachable portion for the
applicant's signature, which portion shall be gummed  on  the  back  for
pasting in the list of special presidential voters, or, in lieu thereof,
the  board  of  elections may cause to be made, under its supervision, a
photostatic copy of the applicant's  signature  as  it  appears  on  his
application,  and  in  such  case  a photostatic copy of the applicant's
signature shall be pasted in the list of special presidential voters  in
its  proper  place]  BE  IN  A  FORM  PRESCRIBED  BY  THE STATE BOARD OF
ELECTIONS.
  S 13. Paragraph d of subdivision 1 of section 11-202 of  the  election
law, as added by chapter 165 of the laws of 2009, is amended and two new
paragraphs e and f are added to read as follows:
  d.  [A]  IN  ADDITION TO ANY OTHER METHOD OF REGISTERING TO VOTE OR OF
APPLYING FOR A SPECIAL FEDERAL  BALLOT,  A  special  federal  voter  may
[apply  for]  REQUEST  A  VOTER  REGISTRATION  APPLICATION  OR REQUEST a
special federal ballot APPLICATION  by  facsimile  transmission  TO  THE
BOARD  OF  ELECTIONS  OR pursuant to the Uniformed and Overseas Citizens
Absentee Voting Act or BY electronic mail. WHEN MAKING SUCH  A  REQUEST,
THE SPECIAL FEDERAL VOTER MAY DESIGNATE A PREFERENCE FOR TRANSMISSION OF
SUCH  VOTER REGISTRATION APPLICATION AND SPECIAL FEDERAL BALLOT APPLICA-
TION PURSUANT TO SECTION 11-203 OF THIS TITLE.
  E. THE SPECIAL FEDERAL BALLOT  APPLICATION  SHALL  ALLOW  THE  SPECIAL
FEDERAL  VOTER  TO DESIGNATE A PREFERENCE TO RECEIVE THE SPECIAL FEDERAL
BALLOT PURSUANT TO SECTION 11-203 OF THIS TITLE.
  F. THE PROCEDURES FOR RECEIVING DOCUMENTS FROM AND TRANSMITTING  DOCU-
MENTS  TO  A  SPECIAL  FEDERAL  VOTER  SHALL, TO THE EXTENT PRACTICABLE,
PROTECT THE SECURITY AND INTEGRITY OF THE SPECIAL FEDERAL  VOTER  REGIS-
TRATION  AND  SPECIAL  FEDERAL  BALLOT  APPLICATION  REQUEST PROCESS AND

A. 10681--B                        15

PROTECT THE PRIVACY OF THE SPECIAL FEDERAL VOTER, INCLUDING THE  VOTER'S
IDENTITY  AND OTHER PERSONAL DATA. NOTHING IN THIS PARAGRAPH SHALL LIMIT
THE INFORMATION THAT MAY BE OBTAINED PURSUANT TO SECTION 3-220  OF  THIS
CHAPTER.
  S  14.  The  election law is amended by adding a new section 11-203 to
read as follows:
  S 11-203. SPECIAL FEDERAL VOTERS; DESIGNATION OF MEANS OF TRANSMISSION
BY SPECIAL FEDERAL VOTERS. 1. A SPECIAL FEDERAL VOTER  MAY  DESIGNATE  A
PREFERENCE TO RECEIVE A VOTER REGISTRATION APPLICATION, A SPECIAL FEDER-
AL  BALLOT  APPLICATION  OR  A SPECIAL FEDERAL BALLOT BY MAIL, FACSIMILE
TRANSMISSION OR ELECTRONIC MAIL. SUCH DESIGNATION SHALL REMAIN IN EFFECT
UNTIL REVOKED OR CHANGED BY THE SPECIAL FEDERAL VOTER.    IF  A  SPECIAL
FEDERAL  VOTER  DOES  NOT DESIGNATE A PREFERENCE, THE BOARD OF ELECTIONS
SHALL TRANSMIT  THE  VOTER  REGISTRATION  APPLICATION,  SPECIAL  FEDERAL
BALLOT  APPLICATION  OR  SPECIAL  FEDERAL  BALLOT  BY MAIL. IF A SPECIAL
FEDERAL VOTER DESIGNATES A  PREFERENCE  FOR  FACSIMILE  TRANSMISSION  OR
ELECTRONIC  MAIL  BUT DOES NOT PROVIDE THE NECESSARY FACSIMILE NUMBER OR
E-MAIL ADDRESS, THE BOARD OF ELECTIONS SHALL TRANSMIT THE  VOTER  REGIS-
TRATION  APPLICATION,  SPECIAL  FEDERAL  BALLOT  APPLICATION  OR SPECIAL
FEDERAL BALLOT BY MAIL AND REQUEST THE OMITTED INFORMATION. ALL COMMUNI-
CATIONS TO THE SPECIAL FEDERAL VOTER SHALL INCLUDE THE  MAILING  ADDRESS
OF THE BOARD OF ELECTIONS.
  2.  IRRESPECTIVE OF THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY
A SPECIAL FEDERAL VOTER, A SPECIAL FEDERAL  VOTER'S  ORIGINAL  COMPLETED
VOTER  REGISTRATION  APPLICATION, SPECIAL FEDERAL BALLOT APPLICATION AND
SPECIAL FEDERAL BALLOT MUST BE RETURNED BY MAIL OR  IN  PERSON  NOTWITH-
STANDING THAT A PRIOR COPY WAS SENT TO THE BOARD OF ELECTIONS BY FACSIM-
ILE TRANSMISSION OR ELECTRONIC MAIL.
  S  15.  Subdivisions 1, 2 and 4 of section 11-204 of the election law,
subdivisions 1 and 2 as added by chapter 8  of  the  laws  of  1978  and
subdivision 4 as amended by chapter 262 of the laws of 2003, are amended
to read as follows:
  1.  The  registration  application  forms  shall  [contain  detachable
portions for the applicant's signature. Such portions shall be gummed on
the back for pasting on the registration poll records and  central  file
registration  records.  In  lieu  of  such  gummed portions the board of
elections may cause to  be  made,  under  its  supervision,  photostatic
copies of the applicant's signature as it appears on his application. In
such  case,  photostatic  copies  of  the applicant's signature shall be
pasted in the proper places upon  such  registration  poll  records  and
central  file registration records] BE IN A FORM PRESCRIBED BY THE STATE
BOARD OF ELECTIONS.
  2. Upon receipt of an application, the board of elections shall deter-
mine upon such inquiry as it deems  proper  whether  the  applicant  has
answered  all the questions contained in the application and whether the
applicant is legally qualified to receive and  vote  a  special  federal
ballot.  If  it finds he is not so qualified, the board shall reject the
application and shall notify the applicant of such  rejection  and  give
the  reason  or reasons therefor IN ACCORDANCE WITH THE PREFERRED METHOD
OF TRANSMISSION DESIGNATED BY THE VOTER PURSUANT TO  SECTION  11-203  OF
THIS  TITLE.  All  investigations  by  the  board  of elections shall be
concluded and all determinations made not later than the  twentieth  day
before election.
  4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it

A. 10681--B                        16

shall  have so determined, or not later than thirty-two days before each
general or primary election and twelve days before each special election
in which such applicant is  qualified  to  vote,  or  three  days  after
receipt  of  such an application, whichever is later, mail to him OR HER
at the residence address outside the United States shown in his  OR  HER
application, a special federal ballot [and], an INNER AFFIRMATION envel-
ope  [therefor]  AND  AN OUTER ENVELOPE, OR OTHERWISE DISTRIBUTE SAME TO
THE VOTER IN ACCORDANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIG-
NATED BY THE VOTER PURSUANT TO SECTION 11-203 OF THIS TITLE.  The  board
of elections shall also mail, OR OTHERWISE DISTRIBUTE IN ACCORDANCE WITH
THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER PURSUANT TO
SECTION  11-203  OF THIS TITLE, a special federal ballot to every quali-
fied special federal voter who is already registered  and  who  requests
such  special  federal  ballot from such board of elections in a letter,
which is signed by the voter and received by the board of elections  not
later  than  the seventh day before the election for which the ballot is
first requested and which states the address where the voter  is  regis-
tered  and the address to which the ballot is to be mailed. The board of
elections shall enclose with such ballot a form  of  application  for  A
special federal ballot.
  S  16.  Section  11-216 of the election law is amended by adding a new
subdivision 3 to read as follows:
  3. (A) UPON THE PROCLAMATION OF A SPECIAL ELECTION BY THE GOVERNOR  OR
OTHERWISE PURSUANT TO LAW, EACH BOARD OF ELECTIONS SHALL, NOT LATER THAN
THREE DAYS AFTER THE ESTABLISHMENT OF THE DATE OF SUCH SPECIAL ELECTION,
TRANSMIT  BY  MAIL, FACSIMILE TRANSMISSION OR ELECTRONIC MAIL IN ACCORD-
ANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY  THE  VOTER
PURSUANT  TO  SECTION  11-203 OF THIS TITLE, A FEDERAL WRITE-IN ABSENTEE
BALLOT TO ALL SPECIAL FEDERAL VOTERS ELIGIBLE TO VOTE BY SPECIAL FEDERAL
BALLOT IN SUCH SPECIAL ELECTION.
  (B) EACH BOARD OF  ELECTIONS  WHICH  IS  SERVED  WITH  A  COURT  ORDER
RESTRAINING  OR ENJOINING THE ISSUANCE OF BALLOTS IN ANY ELECTION, OTHER
THAN A SPECIAL ELECTION, IN WHICH ANY SPECIAL FEDERAL VOTER IS  ENTITLED
TO  RECEIVE  A  BALLOT  SHALL  IMMEDIATELY  NOTIFY  THE  STATE  BOARD OF
ELECTIONS OF SUCH  FACT  AND  SHALL  TRANSMIT  IN  ACCORDANCE  WITH  THE
PREFERRED  METHOD  OF  TRANSMISSION  DESIGNATED  BY THE VOTER, A FEDERAL
WRITE-IN ABSENTEE BALLOT TO ALL SPECIAL FEDERAL VOTERS ELIGIBLE TO  VOTE
IN SUCH ELECTION.
  (C) A SPECIAL FEDERAL VOTER WHO HAS RECEIVED A FEDERAL WRITE-IN ABSEN-
TEE BALLOT SHALL BE ENTITLED TO RECEIVE A CERTIFIED BALLOT NOTWITHSTAND-
ING THE PRIOR TRANSMISSION OF A FEDERAL WRITE-IN ABSENTEE BALLOT TO SUCH
VOTER PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.  SUCH CERTI-
FIED  SPECIAL  FEDERAL BALLOT SHALL BE SENT BY THE BOARD OF ELECTIONS IN
ACCORDANCE WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED  BY  THE
SPECIAL FEDERAL VOTER PURSUANT TO SECTION 11-203 OF THIS TITLE, OR EXPE-
DITED  MAIL  IF THE SPECIAL FEDERAL VOTER HAS NOT EXPRESSED A PREFERENCE
TO RECEIVE SAME BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL, AND HIS OR
HER REQUEST FOR A SPECIAL FEDERAL BALLOT WAS MADE  AT  LEAST  THIRTY-TWO
DAYS BEFORE THE ELECTION.
  S  17.  The  election law is amended by adding two new sections 11-219
and 11-220 to read as follows:
  S 11-219. SPECIAL FEDERAL VOTERS; PROHIBITING REFUSAL TO ACCEPT  VOTER
REGISTRATION  AND  SPECIAL  FEDERAL  BALLOT APPLICATIONS, MARKED SPECIAL
FEDERAL BALLOTS, AND FEDERAL WRITE-IN ABSENTEE BALLOTS  FOR  FAILURE  TO
MEET  CERTAIN  REQUIREMENTS. 1. A BOARD OF ELECTIONS SHALL NOT REFUSE TO
ACCEPT AND PROCESS ANY OTHERWISE VALID VOTER REGISTRATION APPLICATION OR

A. 10681--B                        17

SPECIAL FEDERAL BALLOT APPLICATION (INCLUDING  THE  OFFICIAL  POST  CARD
FORM PRESCRIBED UNDER SECTION 101 OF THE UNIFORMED AND OVERSEAS CITIZENS
ABSENTEE  VOTING  ACT  (42 USC 1973FF)) OR MARKED SPECIAL FEDERAL BALLOT
SUBMITTED  BY  MAIL  OR PERSONALLY DELIVERED, SOLELY ON THE BASIS OF THE
FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  2. A BOARD OF ELECTIONS SHALL NOT REFUSE TO  ACCEPT  AND  PROCESS  ANY
OTHERWISE VALID FEDERAL WRITE-IN ABSENTEE BALLOT SUBMITTED IN ANY MANNER
BY A SPECIAL FEDERAL VOTER SOLELY ON THE BASIS OF THE FOLLOWING:
  (A) NOTARIZATION REQUIREMENTS;
  (B) RESTRICTIONS ON PAPER TYPE, INCLUDING WEIGHT AND SIZE; OR
  (C) RESTRICTIONS ON ENVELOPE TYPE, INCLUDING WEIGHT AND SIZE.
  3. THE STATE BOARD OF ELECTIONS, IN COORDINATION WITH COUNTY BOARDS OF
ELECTIONS, SHALL DEVELOP A FREE ACCESS SYSTEM BY WHICH A SPECIAL FEDERAL
VOTER  MAY  DETERMINE  WHETHER THE SPECIAL FEDERAL BALLOT OF THE SPECIAL
FEDERAL VOTER HAS BEEN RECEIVED BY THE APPROPRIATE BOARD OF ELECTIONS.
  S 11-220. FEDERAL VOTING; APPLICABILITY  OF  GENERAL  PROVISIONS.  THE
GENERAL  PROVISIONS  OF THIS CHAPTER SHALL APPLY TO THIS ARTICLE, EXCEPT
AS THEY ARE INCONSISTENT HEREWITH. THE PROVISIONS OF THIS ARTICLE  SHALL
BE  LIBERALLY  CONSTRUED  FOR  THE  PURPOSE OF PROVIDING SPECIAL FEDERAL
VOTERS THE OPPORTUNITY TO VOTE. THE STATE BOARD OF ELECTIONS SHALL  HAVE
POWER  TO  ADOPT AND PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS
OF THIS ARTICLE.
  S 18. This act shall take effect immediately.

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Assembly Bill A10681

Signed By Governor

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May 28, 2010 - Floor Vote

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Assembly Bill A10681

Signed By Governor

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Archive: Last Bill Status - Signed by Governor

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co-Sponsors

Brian Kolb

Joan Millman

William Magnarelli

Sandy Galef

2009-A10681 - Details

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2009-A10681 - Bill Text download pdf

co-Sponsors

Brian Kolb

Joan Millman

William Magnarelli

Sandy Galef

2009-A10681A - Details

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2009-A10681A - Bill Text download pdf

co-Sponsors

Brian Kolb

Joan Millman

William Magnarelli

Sandy Galef

2009-A10681B (ACTIVE) - Details

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2009-A10681B (ACTIVE) - Sponsor Memo

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