NY State Senate Bill 2019-S8916

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 14, 2020	referred to rules

2019-S8916 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L
Versions Introduced in 2021-2022 Legislative Session:: S264

2019-S8916 (ACTIVE) - Summary

Relates to absentee voting application deadlines; all applications requesting an absentee ballot by mail must be received by the board of elections no later than the fifteenth day before the election for a ballot is first requested; applications delivered in person shall be received no later than the day before such election.

2019-S8916 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8916

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting appli-
cation deadlines

 
PURPOSE:

The purpose of this bill is to conform deadlines for mailing of absentee
ballot applications to comply with United States Postal Service (USPS)
guidelines in order to assure the timely delivery of election mail.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Election Law 8-400(2)(c) to require that
applications for absentee ballots be received by the board of elections
not later than the fifteenth day before the day of an election, rather
than the seventh day for which a ballot is first requested. Section one
also requires in-person requests for absentee ballots be delivered to

the voter or to an agent of the voter no later than the day before such
election.

Section 2 amends Paragraph (d) of subdivision 2 of section 8-400 of the
elections law to conform to the receipt date for absentee ballot
requests to the fifteen day requirement set forth in Section one of the
bill.

Section 3 amends 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 to conform required receipt dates for absentee ballot requests
made in writing to the fifteen day provision set forth in section one of
the bill.

Section 4 sets forth the effective date.

 
JUSTIFICATION:

To ensure that the votes of all qualified voters who wish to exercise
their constitutional right to vote by absentee ballot are counted, the
time deadlines for mailing absentee ballot applications must take
account of USPS guidelines for ensuring the timely delivery of mail.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the amendments to
paragraph (d) of subdivision 2 of section 8-400 of the election 3 law
made by section two of this act shall be subject to the expiration 4 and
reversion of such paragraph pursuant to section 7 of chapter 91 of 5 the
laws of 2020, as amended, when upon such date the provisions of 6
section three of this act shall take effect.

2019-S8916 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8916
 
                             I N  S E N A T E
 
                              August 14, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation to absentee voting  appli-
   cation deadlines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (c) of subdivision 2  of  section  8-400  of  the
 election  law, as amended by chapter 321 of the laws of 1988, is amended
 to read as follows:
   (c) All applications REQUESTING AN ABSENTEE BALLOT  BY  MAIL  must  be
 [mailed  to]  RECEIVED  BY  the  board  of  elections not later than the
 [seventh] FIFTEENTH day before the election for which a ballot is  first
 requested  [or  delivered  to]. APPLICATIONS FOR AN ABSENTEE BALLOT THAT
 WILL BE DELIVERED IN PERSON AT THE BOARD OF ELECTIONS TO THE VOTER OR TO
 AN AGENT OF THE VOTER MUST BE RECEIVED BY such board not later than  the
 day before such election.
   §  2.  Paragraph (d) of subdivision 2 of section 8-400 of the election
 law, as amended by chapter 91 of the laws of 2020, 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, when such voter
 requests 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 electronic 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  received  by  the board of elections not [earlier than the thirtieth
 day nor] later than the [seventh] FIFTEENTH 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  applica-
 tion  in  a letter as provided in subdivision three of section 10-106 of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17121-01-0

 S. 8916                             2
 
 this chapter; and provided further, a special federal voter may  request
 a  special federal ballot or voter registration application or an absen-
 tee ballot application in a letter as provided in paragraph d of  subdi-
 vision  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.
   § 3. 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, which is signed
 by the voter and received by the board of elections  not  [earlier  than
 the thirtieth day nor] later than the [seventh] FIFTEENTH 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 appli-
 cation 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.
   § 4. This act shall take effect immediately, provided that the  amend-
 ments to paragraph (d) of subdivision 2 of section 8-400 of the election
 law  made  by section two of this act shall be subject to the expiration
 and reversion of such paragraph pursuant to section 7 of chapter  91  of
 the  laws  of  2020,  as  amended, when upon such date the provisions of
 section three of this act shall take effect.

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Senate Bill S8916

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2019-S8916 (ACTIVE) - Details

2019-S8916 (ACTIVE) - Summary

2019-S8916 (ACTIVE) - Sponsor Memo

2019-S8916 (ACTIVE) - Bill Text download pdf

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Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2019-S8916 (ACTIVE) - Details

2019-S8916 (ACTIVE) - Summary

2019-S8916 (ACTIVE) - Sponsor Memo

2019-S8916 (ACTIVE) - Bill Text download pdf

Comments