S T A T E O F N E W Y O R K
________________________________________________________________________
5385
2011-2012 Regular Sessions
I N A S S E M B L Y
February 17, 2011
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Introduced by M. of A. BARCLAY, OAKS, FINCH, KOLB -- Multi-Sponsored by
-- M. of A. CROUCH, REILICH, THIELE -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to allowing application
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 separately amended by chapters 97 and 104 of
the laws of 2010, 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 TWELVE, APPLICATION
FORMS SHALL BE MADE AVAILABLE FOR QUALIFIED VOTERS BY ELECTRONIC MEANS
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, TELEFACSIMILE TRANSMISSION
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.
LBD09049-01-1
A. 5385 2
(c) All applications must be mailed OR TRANSMITTED 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 writing in a letter,
OR BY ELECTRONIC TRANSMISSION, telefax indicating the address, phone
number and the telefax number from which the writing is sent or other
written instrument, 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 mili-
tary voter may request a military ballot or voter registration applica-
tion or an absentee ballot application in a letter as provided in subdi-
vision three of section 10-106 of this chapter; and provided further, a
special federal voter may request a special federal ballot or voter
registration application or an absentee ballot application in a letter
as provided in paragraph d of subdivision one of section 11-202 of this
chapter. The board of elections shall enclose with such ballot a form of
application for absentee ballot if the applicant is registered with such
board of elections.
S 2. Subdivision 10 of section 8-400 of the election law, as amended
by chapter 373 of the laws of 1986 and as 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 ELECTRONIC
TRANSMISSION INCLUDING, BUT NOT LIMITED TO, TELEFACSIMILE OR ELECTRONIC
MAIL.
S 3. This act shall take effect immediately.