Assembly Bill A5602

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

                                  5602

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2015
                               ___________

Introduced  by M. of A. KAVANAGH, QUART -- read once and referred to the
  Committee on Election Law

AN ACT to amend the election law, in relation to requiring county boards
  to create systems for  processing  electronic  requests  for  absentee
  ballots

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

  Section 1. Paragraph (d) of subdivision 2  of  section  8-400  of  the
election  law,  as separately amended by chapters 97 and 104 of the laws
of 2010, 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 [writing in a letter,
telefax indicating the address, phone number and the telefax number from
which the writing is sent or other written instrument] A  COMMUNICATION,
which  is signed AND CERTIFIED 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
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. Section 8-400 of the election law is  amended  by  adding  a  new
subdivision 11 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03806-01-5
              

A. 5602                             2

  11.  (A)  THE BOARD OF ELECTIONS OF EACH COUNTY SHALL ENACT PROCEDURES
AND REGULATIONS TO ENABLE VOTERS  TO  REQUEST  AND  APPLY  FOR  ABSENTEE
BALLOTS  BY  MEANS OF A FORM SUBMITTED OVER A SECURE INTERNET CONNECTION
THROUGH THE WEBSITE OF THE BOARD AND/OR THE COUNTY.
  (B)  ANY  ELECTRONIC  REQUEST FOR AN ABSENTEE BALLOT SUBMITTED THROUGH
SUCH A WEBSITE SHALL BE DEEMED  TO  CONSTITUTE  AN  APPLICATION  FOR  AN
ABSENTEE  BALLOT  WITHIN  THE MEANING OF THIS SECTION, PROVIDED THAT THE
ELECTRONIC FORM:
  (I) REQUESTS THE VOTER TO SUPPLY THAT INFORMATION REQUIRED BY SUBDIVI-
SION THREE OF THIS SECTION;
  (II) CONTAINS THE  LANGUAGE  REQUIRED  BY  SUBDIVISION  FIVE  OF  THIS
SECTION;
  (III)  PROMPTS  THE  VOTER,  UPON  COMPLETION, TO SUBMIT AN ELECTRONIC
SIGNATURE SUFFICIENT TO REASONABLY GUARANTEE THE VOTER'S IDENTITY;
  (IV) INFORMS THE VOTER THAT SUCH SIGNATURE HAS THE SAME  LEGAL  EFFECT
AS A SIGNATURE EXECUTED BY HAND; AND
  (V)  DOES  NOT  PERMIT  THE  SUBMISSION  OF A FORM SO INCOMPLETE AS TO
RENDER THE BOARD UNABLE TO PROCESS IT THROUGH ITS NORMAL PROCEDURES.
  (C) IN THE CASE OF SUCH ELECTRONIC REQUESTS, THE  BOARD  OF  ELECTIONS
SHALL  PROVIDE  TIMELY  NOTIFICATION TO THE VOTER OF ANY DEFECT IN THEIR
ELECTRONIC APPLICATION. SUCH NOTIFICATION MAY BE SENT TO  THE  VOTER  BY
ELECTRONIC MAIL.
  (D) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO ALTER THE INFORMA-
TION  REQUIRED ON AN ABSENTEE BALLOT APPLICATION, OR THE QUALIFICATIONS,
STATUTORY OR CONSTITUTIONAL, REQUIRED TO VOTE BY ABSENTEE BALLOT.
  S 3. Severability. If any provision of this  act  or  the  application
thereof  shall  for  any  reason  be  adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect,  impair,  or
invalidate the remainder of this act, but shall be confined in its oper-
ation  to  the provision thereof directly involved in the controversy in
which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.