The New York State Senate

                    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.