S T A T E O F N E W Y O R K
________________________________________________________________________
8799
2009-2010 Regular Sessions
I N A S S E M B L Y
June 9, 2009
___________
Introduced by M. of A. MOLINARO, SALADINO, QUINN, BACALLES, BALL,
BURLING, McDONOUGH, DUPREY, RABBITT, CORWIN -- Multi-Sponsored by --
M. of A. CROUCH, JOHN, MENG, THIELE, TOWNSEND -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to allowing application by
military voters for absentee ballots by electronic means
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (c) and (d) of subdivision 2 of section
8-400 of the election law, paragraph (a) as amended by chapter 263 of
the laws of 1991, paragraph (c) as amended by chapter 321 of the laws of
1988 and paragraph (d) as added by chapter 216 of the laws of 1988, are
amended to read as follows:
(a) Application forms shall be furnished by and may be obtained from
any board of elections at any time until the day before such election.
FOR ANY ELECTIONS AFTER JANUARY FIRST, TWO THOUSAND TEN, APPLICATION
FORMS SHALL BE MADE AVAILABLE FOR QUALIFIED MILITARY VOTERS BY ELECTRON-
IC MEANS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, TELEFACSIMILE TRAN-
SMISSION OR ELECTRONIC MAIL. Application forms shall also be supplied by
the board of inspectors of the election district in which applicant is a
qualified voter on all of the days provided for local registration. In
addition, application forms shall be supplied upon the request of the
person authorized to vote pursuant to this section, any such person's
spouse, parent or child, a person residing with the applicant as a
member of his household, or the applicant's duly authorized agent.
Application forms sent outside of the United States to a country other
than Canada or Mexico, shall be sent airmail. Any reference to "board of
elections" in the remaining provisions of this section, except with
respect to the furnishing and obtaining of applications for absentee
ballots, means only the board of elections of the county or city in
which the applicant is a qualified voter.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14108-02-9
A. 8799 2
(c) All applications must be mailed OR, FOR MILITARY VOTERS, TRANSMIT-
TED BY ELECTRONIC MEANS to the board of elections not later than the
seventh day before the election for which a ballot is first requested or
delivered to such board not later than the day before such election.
(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 OR, IF A
MILITARY VOTER, BY ELECTRONIC TRANSMISSION, 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. The
board of elections shall enclose with such ballot a form of application
for absentee ballot.
S 2. Subdivision 9 of section 8-400 of the election law, as amended by
chapter 373 of the laws of 1986, is amended to read as follows:
9. The state board of elections shall prescribe a standard application
form for use under this section. The use of any application form which
substantially complies with the provisions of this section shall be
acceptable and any application filed on such a form shall be accepted
for filing. THE STATE BOARD OF ELECTIONS SHALL ALSO PRESCRIBE A STAND-
ARD APPLICATION FORM FOR WHICH APPLICATION MAY BE MADE BY MILITARY
VOTERS BY ELECTRONIC TRANSMISSION INCLUDING, BUT NOT LIMITED TO, TELE-
FACSIMILE OR ELECTRONIC MAIL.
S 2-a. Subdivision 10 of section 8-400 of the election law, as amended
by chapter 373 of the laws of 1986 and renumbered by chapter 40 of the
laws of 2009, is amended to read as follows:
10. The state board of elections shall prescribe a standard applica-
tion form for use under this section. The use of any application form
which substantially complies with the provisions of this section shall
be acceptable and any application filed on such a form shall be accepted
for filing. THE STATE BOARD OF ELECTIONS SHALL ALSO PRESCRIBE A STAND-
ARD APPLICATION FORM FOR WHICH APPLICATION MAY BE MADE BY MILITARY
VOTERS BY ELECTRONIC TRANSMISSION INCLUDING, BUT NOT LIMITED TO, TELE-
FACSIMILE OR ELECTRONIC MAIL.
S 3. Section 8-406 of the election law, as amended by chapter 296 of
the laws of 1988, is amended to read as follows:
S 8-406. Absentee ballots, delivery of. If the board shall find that
the applicant is a qualified voter of the election district containing
his residence as stated in his statement and that his statement is
sufficient, it shall, as soon as practicable after it shall have deter-
mined his right thereto, mail to him at an address designated by him, or
deliver to him, or to any person designated for such purpose in writing
by him, at the office of the board, such an absentee voter's ballot or
set of ballots and an envelope therefor. If the ballot or ballots are to
be [sent] MAILED outside of the United States to a country other than
Canada or Mexico, such ballot or ballots shall be sent by air mail.
However, if an applicant who is eligible for an absentee ballot is a
resident of a facility operated or licensed by, or under the jurisdic-
tion of, the department of mental hygiene, or a resident of a facility
defined as a nursing home or residential health care facility pursuant
to subdivisions two and three of section two thousand eight hundred one
of the public health law, or a resident of a hospital or other facility
operated by the Veteran's Administration of the United States, such
absentee ballot need not be so mailed or delivered to any such applicant
but, may be delivered to the voter in the manner prescribed by section
A. 8799 3
8-407 of this [chapter] TITLE if such facility is located in the county
or city in which such voter is eligible to vote.
S 4. Subdivision 1 of section 8-412 of the election law, as amended by
chapter 155 of the laws of 1994, is amended to read as follows:
1. The board of elections shall cause all absentee ballots received by
it before the close of the polls on election day and all ballots
contained in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the United States govern-
ment, OR, IF ELECTRONICALLY TRANSMITTED, SHOWING A COMPUTER-GENERATED
TIME AND DATE STAMP with a date which is ascertained to be not later
than the day before election and received by such board of elections not
later than seven days OR, IN THE CASE OF A MILITARY VOTER UTILIZING AN
ABSENTEE BALLOT, THIRTY DAYS, following the day of election to be cast
and counted except that the absentee ballot of a voter who requested
such ballot by letter, rather than application, shall not be counted
unless a valid application form, signed by such voter, is received by
the board of elections with such ballot.
S 5. Subdivisions 4, 7-a and 11 of section 10-106 of the election law,
subdivision 4 as amended by chapter 262 of the laws of 2003, subdivision
7-a as added by chapter 348 of the laws of 1991 and subdivision 11 as
amended by chapter 290 of the laws of 1991, are amended to read as
follows:
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 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 the return address of such board of elections OR BY
ELECTRONIC MEANS INCLUDING, BUT NOT LIMITED TO, TELEFACSIMILE TRANS-
MISSION OR ELECTRONIC MAIL; 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.
7-a. If a federal post card OR ELECTRONICALLY TRANSMITTED application
form is received from a person who is qualified to vote as a military
voter but who has not previously registered pursuant to the provisions
of this article, such federal post card OR ELECTRONICALLY TRANSMITTED
application form shall be treated in all respects as an application for
registration and enrollment as a military voter and for a military
ballot pursuant to the provisions of this article. If such a federal
post card OR ELECTRONICALLY TRANSMITTED application form is received
from a person already registered as a military voter pursuant to the
provisions of this article, such application shall be treated in all
respects as an application for a military ballot pursuant to the
provisions of this article.
11. A board of elections may send to any spouse, parent, or adult
child, brother or sister of a military voter serving 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 OR TRANSMITTED BY ELECTRONIC MEANS
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 materi-
A. 8799 4
al 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 OR TRANSMIT ELECTRONICALLY a military
ballot to such military voter together with an application for a mili-
tary ballot and instructions that such application must be completed and
returned together with the envelope containing the military ballot
EITHER BY MAIL OR ELECTRONIC MEANS. 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 ballot.
S 6. 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. Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections 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 years,
including any run-offs which may occur; provided, however, such applica-
tion shall not be valid for any election held within seven days after
its receipt. Ballots shall also be mailed OR TRANSMITTED ELECTRONICALLY
to any qualified military voter who is already registered and who
requests such military ballot from such board of elections in a letter
OR ELECTRONIC TRANSMISSION, 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 OR TRANSMITTED ELECTRONICALLY. 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
military 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.
S 7. Subdivisions 2 and 5 of section 10-109 of the election law, as
amended by chapter 200 of the laws of 1996, are amended to read as
follows:
2. If any ballot, application form or other mail OR ELECTRONIC TRANS-
MISSION sent to a military voter at his military address by the board of
elections is returned by the post office OR COMPUTER SERVER as undeliv-
erable, the board of elections shall ascertain whether the military
voter is residing at the address given on his registration records as
his permanent address. If he is residing at such address, the board
shall not send him any further military ballots unless he applies for
them in the regular way, giving a new military OR ELECTRONIC MAIL
address. If such military voter is not residing at such permanent
address, the board of elections shall send a confirmation notice to such
military voter at his last military OR ELECTRONIC MAIL address pursuant
A. 8799 5
to the provisions of section 5-712 of this chapter and shall place the
registration of such voter in inactive status. However, if such a voter
notifies the board of elections that he has moved to a new military
address, OR IS USING A DIFFERENT ELECTRONIC MAIL ADDRESS, the board
shall restore the registration of such voter to active status in the
manner prescribed by section 5-213 of this chapter.
5. Upon cancelling the registration of a military voter pursuant to
the provisions of section 5-400 of this chapter, the board of elections
shall forthwith notify such voter at his last military address OR ELEC-
TRONIC MAIL ADDRESS and at his permanent residence address of the fact
of the cancellation, the reason therefor, and of his right to reregister
pursuant to this article.
S 8. Subdivision 1 of section 10-112 of the election law, as amended
by chapter 290 of the laws of 1991, is amended to read as follows:
[1.] The military voter shall mark the military ballot provided for in
this article in the same manner as an absentee ballot. [After] IF
UTILIZING MAIL, AFTER marking the ballot, [he] SUCH VOTER shall fold
such ballot and enclose it in the ballot envelope bearing the military
voter's statement and seal the envelope. He shall then sign the state-
ment, with the blanks properly filled in. The envelope containing the
ballot shall then be inserted in the envelope addressed to the appropri-
ate board of elections, which shall be mailed or otherwise delivered to
such board of elections of his county of residence. IF UTILIZING ELEC-
TRONIC MAIL, THE MILITARY VOTER SHALL FOLLOW THE INSTRUCTIONS CONTAINED
ON THE BALLOT FORM.
S 9. Subdivision 1 of section 10-114 of the election law, as amended
by chapter 237 of the laws of 2005, is amended to read as follows:
1. The board of elections shall cause all military ballots received by
it before the close of the polls on election day and all ballots
contained in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the United States government
OR, IF ELECTRONICALLY TRANSMITTED, SHOWING A COMPUTER GENERATED TIME AND
DATE STAMP, or are signed and dated by the voter and one witness there-
to, with a date which is ascertained to be not later than the day before
election and received by such board of elections not later than [seven]
THIRTY days following the day of a primary or special election and not
later than thirteen days following the day of a general election to be
cast and counted.
S 10. Subdivision 1 of section 10-114 of the election law, as amended
by chapter 155 of the laws of 1994, is amended to read as follows:
1. The board of elections shall cause all military ballots received by
it before the close of the polls on election day and all ballots
contained in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the United States govern-
ment, OR, IF ELECTRONICALLY TRANSMITTED, SHOWING A COMPUTER GENERATED
TIME AND DATE STAMP, with a date which is ascertained to be not later
than the day before election and received by such board of elections not
later than [seven] THIRTY days following the day of election to be cast
and counted.
S 11. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 10-114 of the election law made by
section nine of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to section 4 of chapter 237 of the
laws of 2005, as amended, when upon such date the provisions of section
A. 8799 6
ten of this act shall take effect; provided, however, that the amend-
ments to section 8-400 of the election law made by section two-a of this
act shall take effect on the same date and in the same manner as section
1 of chapter 40 of the laws of 2009, takes effect.