The New York State Senate

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

                                  10631

                          I N  A S S E M B L Y

                              June 10, 2020
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Goodell) --
  read once and referred to the Committee on Election Law

AN ACT to amend the election law,  in  relation  to  prohibiting  ballot
  harvesting

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

  Section 1. The election law is amended by adding a new  section  8-414
to read as follows:
  §  8-414.  BALLOT  HARVESTING  PROHIBITED.  1. IT SHALL BE AN UNLAWFUL
PRACTICE FOR ANY PERSON TO ENGAGE IN BALLOT HARVESTING. FOR PURPOSES  OF
THIS SECTION, BALLOT HARVESTING SHALL INCLUDE:
  (A) THE MAKING OR SUBMISSION OF AN APPLICATION FOR AN ABSENTEE BALLOT,
PURSUANT  TO  SECTION 8-400 OF THIS ARTICLE, ON BEHALF OF ANOTHER VOTER,
UNLESS DONE IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION; AND
  (B)  THE  COLLECTION,  DISTRIBUTION  OR  SUBMISSION  TO  A  BOARD   OF
ELECTIONS,  OF VOTED OR UNVOTED ABSENTEE BALLOTS, UNLESS DONE IN ACCORD-
ANCE WITH SUBDIVISION THREE OF THIS SECTION.
  2. A PERSON MAY SUBMIT AN APPLICATION FOR AN ABSENTEE BALLOT ON BEHALF
OF ANOTHER VOTER, IF THE VOTER HAS SIGNED THE ABSENTEE  BALLOT  APPLICA-
TION, AND IF:
  (A)  THE  PERSON SUBMITTING SUCH APPLICATION FOR AN ABSENTEE BALLOT ON
BEHALF OF THE OTHER VOTER, IS A FAMILY MEMBER OF THE OTHER VOTER, WITHIN
THREE DEGREES OF CONSANGUINITY; OR
  (B) A VOTER HAS EXECUTED A SIGNED,  WRITTEN,  NOTARIZED  CONSENT,  NOT
MORE  THAN THIRTY DAYS PRIOR TO THE DATE OF THE APPLICATION, AUTHORIZING
THE PERSON SUBMITTING THE APPLICATION FOR AN ABSENTEE BALLOT TO DO SO ON
THE VOTER'S BEHALF, AND SUCH PERSON SUBMITTING THE  APPLICATION  FOR  AN
ABSENTEE  BALLOT  ON  SUCH  OTHER VOTER'S BEHALF ALSO FILES SUCH SIGNED,
WRITTEN, NOTARIZED CONSENT WITH THE LOCAL BOARD OF ELECTIONS AT THE TIME
OF SUBMITTING SUCH APPLICATION FOR THE ABSENTEE BALLOT, AND SUCH  PERSON
SUBMITTING  THE  APPLICATION FOR AN ABSENTEE BALLOT ON THE OTHER VOTER'S
BEHALF HAS NOT SUBMITTED ANY OTHER ABSENTEE BALLOT APPLICATION ON BEHALF
OF ANY OTHER VOTER UNDER THIS SUBDIVISION.

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

                                                           LBD16574-01-0

A. 10631                            2

  3. A PERSON MAY COLLECT, DISTRIBUTE OR SUBMIT TO A BOARD OF ELECTIONS,
A VOTED OR UNVOTED ABSENTEE BALLOT, IF SUCH PERSON COLLECTING,  DISTRIB-
UTING OR SUBMITTING SUCH BALLOT IS:
  (A) A FAMILY MEMBER OF THE VOTER, TO WHOM THE ABSENTEE BALLOT BELONGS,
WITHIN THREE DEGREES OF CONSANGUINITY; OR
  (B)  A CAREGIVER OF THE VOTER, TO WHOM THE ABSENTEE BALLOT BELONGS, IF
SUCH VOTER HAS FILED WITH THE BOARD OF  ELECTIONS,  A  SIGNED,  WRITTEN,
NOTARIZED  STATEMENT EXECUTED BY THE VOTER, THAT SUCH PERSON SO COLLECT-
ING, DISTRIBUTING AND/OR SUBMITTING THE BALLOT ON THE VOTER'S BEHALF, IS
IN FACT A CAREGIVER OF THE VOTER, WITH PERMISSION TO COLLECT, DISTRIBUTE
AND/OR SUBMIT SUCH VOTER'S ABSENTEE BALLOT; OR
  (C) AN ELECTION OFFICIAL EMPLOYED BY THE BOARD OF  ELECTIONS,  WHO  AT
THE  TIME OF THE COLLECTION, DISTRIBUTION OR SUBMISSION OF SUCH ABSENTEE
BALLOT, WAS EXCLUSIVELY ENGAGED IN AND PERFORMING THEIR OFFICIAL DUTIES;
OR
  (D) A UNITED STATES POSTAL SERVICE EMPLOYEE, WHO AT THE  TIME  OF  THE
COLLECTION,  DISTRIBUTION  OR  SUBMISSION  OF  SUCH ABSENTEE BALLOT, WAS
EXCLUSIVELY ENGAGED IN AND PERFORMING THEIR OFFICIAL DUTIES; OR
  (E) A DELIVERY COURIER HIRED  BY  THE  VOTER  WHOSE  BALLOT  IS  BEING
COLLECTED,  DISTRIBUTED OR SUBMITTED, WHO AT THE TIME OF THE COLLECTION,
DISTRIBUTION OR SUBMISSION OF  SUCH  ABSENTEE  BALLOT,  WAS  EXCLUSIVELY
ENGAGED IN AND PERFORMING THEIR OFFICIAL DUTIES.
  §  2.  The  election  law is amended by adding a new section 17-172 to
read as follows:
  § 17-172. BALLOT HARVESTING. 1. ANY PERSON WHO  WILLFULLY  ENGAGES  IN
UNLAWFUL  BALLOT  HARVESTING, PURSUANT TO SECTION 8-414 OF THIS CHAPTER,
SHALL BE GUILTY OF A CLASS D FELONY.
  2. ANY PERSON WHO ENGAGES IN UNLAWFUL BALLOT HARVESTING,  PURSUANT  TO
SECTION 8-414 OF THIS CHAPTER, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  § 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.