S T A T E O F N E W Y O R K
________________________________________________________________________
8874
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee 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) and (c) of subdivision 2 of section 8-400 of
the election law, paragraph (a) as amended by chapter 263 of the laws of
1991 and paragraph (c) as amended by chapter 321 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 THIRTEEN, APPLICA-
TION FORMS SHALL BE MADE AVAILABLE FOR QUALIFIED MILITARY VOTERS BY
ELECTRONIC MEANS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, TELEFACSIM-
ILE 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 appli-
cant 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 absen-
tee ballots, means only the board of elections of the county or city in
which the applicant is a qualified voter.
(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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13768-01-2
A. 8874 2
S 2. 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
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 7-a and 11 of section 10-106 of the election law,
subdivision 7-a as added by chapter 348 of the laws of 1991 and subdivi-
sion 11 as amended by chapter 104 of the laws of 2010, are amended to
read as follows:
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
A. 8874 3
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 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 OR SUBMITTED BY
ELECTRONIC MEANS 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 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 returned within the time limits for the
receipt of the military ballot itself.
S 6. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 147 of the laws of 2011, is amended to read
as follows:
(a) Ballots for military voters shall be mailed or otherwise distrib-
uted 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, as soon as practicable but in any event 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; fourteen days before a village
election conducted by the board of elections; and forty-five days before
a special election or presidential primary 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. The board of elections shall enclose with such ballot a form
A. 8874 4
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 registra-
tion 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 commit-
tee, 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. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 4 of the laws of 2011, is amended to read as
follows:
(a) Ballots for military voters shall be mailed or otherwise distrib-
uted 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, as soon as practicable but in any event 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; fourteen days before a village
election conducted by the board of elections; and forty-five 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 application 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. 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 8. 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
A. 8874 5
military voter at his last military OR ELECTRONIC MAIL address pursuant
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 9. Section 10-112 of the election law, as amended by chapter 104 of
the laws of 2010, is amended to read as follows:
S 10-112. Military voter; voting. 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
or she shall fold such ballot and enclose it in the inner affirmation
envelope bearing the military voter's affirmation on the outside of the
envelope and seal the envelope. He or she shall then sign the affirma-
tion, with the blanks properly filled in. The inner affirmation 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 personally delivered to such board of elections of his or her
county of residence within the time limits provided by this chapter. IF
UTILIZING ELECTRONIC MAIL, THE MILITARY VOTER SHALL FOLLOW THE
INSTRUCTIONS CONTAINED ON THE BALLOT FORM.
S 10. Subdivision 1 of section 10-114 of the election law, as amended
by chapter 165 of the laws of 2009, 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 are signed and dated by the voter and one witness thereto, 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 a primary election and not
later than thirteen days following the day of a general or special
election to be cast and counted.
S 11. This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 1 of section 10-108 of the
election law made by section six of this act shall be subject to the
expiration and reversion of such paragraph when upon such date the
provisions of section seven of this act shall take effect.