NY State Senate Bill 2019-S8950

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
Sep 02, 2020	referred to rules

2019-S8950 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S251
2023-2024: S3044

2019-S8950 (ACTIVE) - Summary

Provides for voter requests for an absentee ballot from the board of elections by telephone.

2019-S8950 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8950

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to requests for absentee
ballots

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the election law to clarify that a quali-
fied voter is not limited to only apply for an absentee ballot by
letter.

Sections two and three of the bill amend the election law to provide
that a qualified voter may apply to vote by absentee ballot by telephone
without needing to complete an additional application prior to receiving
the absentee ballot or simultaneously with receiving the absentee
ballot.

Section four of the bill is the effective date.

 
JUSTIFICATION:

This bill will allow qualified voters to call their boards of elections
and apply for an absentee ballot by telephone. This will prevent the
disenfranchisement of voters who may not have necessary internet access
or digital literacy to apply for an absentee ballot through an online
portal, if provided by their local board of elections, and do not want
formally a request an application by mail.  This is especially important
during a time when there are increased requests to vote by absentee due
to the novel coronavirus COVID-19 and the U.S. Postal Service is over-
burdened.

This bill also clarifies that if someone applies for an absentee ballot
by phone, no additional application is necessary either before receiving
the ballot or at the same time as receiving an absentee ballot. This
alleviates voter confusion and eases the administrative burden on boards
of elections and the mail system since it eliminates extraneous mail-
ings.

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
FISCAL IMPACT ON LOCALITIES:

To be determined.

 
LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments 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 expira-
tion 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.

2019-S8950 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8950
 
                             I N  S E N A T E
 
                             September 2, 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 requests  for  absentee
   ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 2 of section 8-400  of
 the  election  law,  as  amended  by chapter 216 of the laws of 1988, is
 amended to read as follows:
   A qualified voter desiring to vote at such  election  as  an  absentee
 voter  for  any  reason  specified  in  subdivision one hereof must make
 application for an absentee ballot on a form to be obtained and filed as
 provided herein or [by letter] as provided  in  paragraph  (d)  of  this
 subdivision.
   §  2.  Paragraph (d) of subdivision 2 of section 8-400 of the election
 law, as amended by chapter 138 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 BY
 TELEPHONE, 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  received by the board of elections not 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17204-03-0

 S. 8950                             2
 
 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.]
   (I)  FOR  PURPOSES OF THIS SUBDIVISION, A VOTER REQUESTING AN ABSENTEE
 BALLOT BY TELEPHONE SHALL NOT BE REQUIRED  TO  COMPLETE  AN  APPLICATION
 PRIOR  TO  OR  SIMULTANEOUSLY  WITH  RECEIVING  THE BALLOT. THE BOARD OF
 ELECTIONS RECEIVING THE  TELEPHONE  REQUEST  SHALL  MAINTAIN  A  WRITTEN
 RECORD  OF  ALL  SUCH TELEPHONE REQUESTS FOR AN ABSENTEE BALLOT, AND MAY
 COMPLETE THE ABSENTEE BALLOT APPLICATION AS SUCH RECORD ON BEHALF OF THE
 VOTER REQUESTING THE ABSENTEE BALLOT, PROVIDED THAT NO BALLOT  REQUESTED
 OR ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL BE DEEMED INVALID FOR LACK
 OF A COMPLETE ABSENTEE BALLOT APPLICATION FOR ANY REASON.
   §  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, OR BY  TELEPHONE,
 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  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.]
   (I)  FOR  PURPOSES OF THIS SUBDIVISION, A VOTER REQUESTING AN ABSENTEE
 BALLOT BY TELEPHONE SHALL NOT BE REQUIRED  TO  COMPLETE  AN  APPLICATION
 PRIOR  TO  OR  SIMULTANEOUSLY  WITH  RECEIVING  THE BALLOT. THE BOARD OF
 ELECTIONS RECEIVING THE  TELEPHONE  REQUEST  SHALL  MAINTAIN  A  WRITTEN
 RECORD  OF  ALL  SUCH TELEPHONE REQUESTS FOR AN ABSENTEE BALLOT, AND MAY
 COMPLETE THE ABSENTEE BALLOT APPLICATION AS SUCH RECORD ON BEHALF OF THE
 VOTER REQUESTING THE ABSENTEE BALLOT, PROVIDED THAT NO BALLOT  REQUESTED
 OR ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL BE DEEMED INVALID FOR LACK
 OF A COMPLETE ABSENTEE BALLOT APPLICATION FOR ANY REASON.
   §  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 S8950

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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2019-S8950 (ACTIVE) - Details

2019-S8950 (ACTIVE) - Summary

2019-S8950 (ACTIVE) - Sponsor Memo

2019-S8950 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2019-S8950 (ACTIVE) - Details

2019-S8950 (ACTIVE) - Summary

2019-S8950 (ACTIVE) - Sponsor Memo

2019-S8950 (ACTIVE) - Bill Text download pdf

Comments