S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10516--A
 
                           I N  A S S E M B L Y
 
                               May 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Simotas,
   Weinstein) -- 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  absentee  voting;  and
   providing for the repeal of such provisions upon the expiration there-
   of

   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] WHEN SUCH
 VOTER 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, OR AN ELECTRONIC APPLICATION SUBMITTED BY THE VOTER BY ELEC-
 TRONIC MAIL OR THROUGH AN ELECTRONIC TRANSMITTAL SYSTEM  OR  WEB  PORTAL
 ESTABLISHED  BY  THE STATE BOARD OF ELECTIONS OR CITY OR COUNTY BOARD OF
 ELECTIONS, 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15910-11-0

 A. 10516--A                         2
 
   § 2. 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, with a date which is ascertained to be  not  later  than  the  day
 [before]  OF  THE  election  and received by such board of elections not
 later than seven 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].
   §  3.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
 9-209 of the election law, as amended by chapter  104  of  the  laws  of
 2010, is amended to read as follows:
   (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;  (B)  a  dated endorsement of receipt by another
 agency of the United States government; or (C) if  cast  by  a  military
 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] OF THE
 election [day].
   § 4. 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, with a
 date which is ascertained to be not later than the day [before]  OF  THE
 election  and  received  by such board of elections not later than seven
 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.
   §  5.  Subdivision 1 of section 11-110 of the election law, as amended
 by chapter 99 of the laws of 1989, is amended to read as follows:
   1. To be counted, any ballot cast under the provisions of this article
 must be received by the appropriate board of elections  not  later  than
 the close of the polls on election day except that all ballots contained
 in  envelopes  showing  a  cancellation mark of the United States postal
 service, or a foreign country's postal service  with  a  date  which  is
 ascertained to be not later than the day [before] OF THE election, shall
 be cast and counted if received by the board of elections not later than
 seven days following the day of election.
   §  6. Section 11-212 of the election law, as amended by chapter 163 of
 the laws of 2010, is amended to read as follows:
   § 11-212. Special federal ballots; deadline for receipt.  All  special
 federal  ballots  received by the board of elections before the close of
 the polls on election day shall be retained by the  board  of  elections
 and  cast  and  canvassed pursuant to section 9-209 of this chapter. 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. 10516--A                         3
 
 a  dated  endorsement  of receipt by another agency of the United States
 government, with a date which is ascertained to be not  later  than  the
 day  [before]  OF THE election, shall be cast and counted if received by
 the  board of elections not later than seven days following the day of a
 primary election or thirteen days following the  day  of  a  general  or
 special  election [except that the special federal 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].  All  ballots
 received  by  the  board  of  elections and all federal write-in ballots
 received from special federal voters not later than seven days following
 the day of a primary election or thirteen days following the  day  of  a
 general or special election, shall be retained at the board and shall be
 cast  and canvassed in the same manner as other ballots retained by such
 board.
   § 7. This act shall take effect immediately;  provided  however,  that
 section one of this act shall take effect one week after the date of the
 2020  New  York primary election, currently scheduled for June 23, 2020;
 provided further, this act shall expire and be deemed repealed  December
 31, 2020.