NY State Senate Bill S8130D

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2020	signed chap.91
Jun 05, 2020	delivered to governor
May 28, 2020	returned to senate passed assembly ordered to third reading rules cal.49 substituted for a10516a referred to ways and means delivered to assembly passed senate
May 27, 2020	ordered to third reading cal.644
May 25, 2020	print number 8130d
May 25, 2020	amend and recommit to rules committee discharged and committed to rules
May 24, 2020	print number 8130c
May 24, 2020	amend (t) and recommit to elections
May 20, 2020	print number 8130b
May 20, 2020	amend and recommit to elections
May 19, 2020	print number 8130a
May 19, 2020	amend and recommit to elections
Mar 24, 2020	referred to elections

Votes

Bill Amendments

Original

D (Active)

Original

D (Active)

Co-Sponsors

S8130 - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

S8130 - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

S8130 - Sponsor Memo

S8130 - Bill Text download pdf


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

                                  8130

                            I N  S E N A T E

                             March 24, 2020
                               ___________

Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to voting

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

  Section 1. Paragraphs (c) and (d) of subdivision 2 of section 8-400 of
the election law, paragraph (c) as amended by chapter 321 of the laws of
1988,  and paragraph (d) as separately amended by chapters 97 and 104 of
the laws of 2010, are amended to read as follows:
  (c) All applications must be mailed  OR  DELIVERED  to  the  board  of
elections  not later than [the seventh day] TWO DAYS before the election
for which a ballot is first requested or delivered  to  such  board  not
later than the day before such election.
  (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,
ELECTRONIC MAIL, telefax indicating the address, phone  number  and  the
telefax  number  from which the writing is sent or other written instru-
ment, 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]  TWO  DAYS  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.
  § 2. This act shall take effect immediately.

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

                                                           LBD15910-03-0

Co-Sponsors

S8130A - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

S8130A - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

S8130A - Sponsor Memo

 
BILL NUMBER: S8130A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to voting

 
PURPOSE:

The purpose of the bill is to increase the options for qualified voters
to request an absentee ballot by allowing electronic mail requests.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-400(2)(c) to allow the mailing of absen-
tee ballot applications five days rather than seven days before the
election for which a ballot is first requested. Section 1 also amends
Election Law 8-400(2)(d) to allow qualified voters to request an absen-
tee ballot by electronic mail and dispenses with the requirement that
absentee ballot requests be signed by the voter no matter what method is
used for the request. The amendment also requires receipt by the Board

of Elections of such requests as late as five days before the election
for which the ballot is first requested.

Section 2 amends Election Law 8-412(1) to provide that all absentee
ballots received by the Board of Elections be cast if envelope in which
they are contained shows a cancellation mark with a date not later than
the day of the election and received by such Board of Elections not
later than seven days following the day of the election.

Section 3 states that the act shall take effect immediately.

 
EXISTING LAW:

This bill constitutes new legislation amending the paragraphs and subdi-
visions of the Election Law sections detailed above.

 
JUSTIFICATION:

The amendments detailed above will increase voter participation by
giving qualified voters an additional way to request an absentee ballot
and will result in more absentee ballots being counted by allowing more
time for receipt of the envelopes containing absentee ballots.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
LOCAL FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
Effective immediately.

S8130A - Bill Text download pdf


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

                                 8130--A

                            I N  S E N A T E

                             March 24, 2020
                               ___________

Introduced  by  Sens. MYRIE, CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Elections  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the election law, in relation to voting

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

  Section 1. Paragraphs (c) and (d) of subdivision 2 of section 8-400 of
the election law, paragraph (c) as amended by chapter 321 of the laws of
1988,  and paragraph (d) as separately amended by chapters 97 and 104 of
the laws of 2010, are amended to read as follows:
  (c) All applications must be mailed to  the  board  of  elections  not
later  than  [the seventh day] FIVE DAYS before the election for which a
ballot is first requested or delivered to such board not later than  the
day before such election.
  (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, ELECTRONIC MAIL, 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 day] FIVE DAYS before the election for which the ballot is
first requested and which states the address where the voter  is  regis-
tered  and  the  address  to which the ballot is to be mailed; provided,
however, a military voter may request a military ballot or voter  regis-
tration  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  applica-
tion  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 appli-
cant is registered with such board of elections.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15910-04-0

S. 8130--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. This act shall take effect immediately.

Co-Sponsors

S8130B - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

S8130B - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

S8130B - Sponsor Memo

 
BILL NUMBER: S8130B

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to voting

 
PURPOSE:

The purpose of the bill is to increase the options for qualified voters
to request an absentee ballot by allowing electronic mail requests.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-400(2)(c) to allow the mailing of absen-
tee ballot applications five days rather than seven days before the
election for which a ballot is first requested. Section 1 also amends
Election Law 8-400(2)(d) to allow qualified voters to request an absen-
tee ballot by electronic mail and dispenses with the requirement that
absentee ballot requests be signed by the voter no matter what method is
used for the request. The amendment also requires receipt by the Board

of Elections of such requests as late as five days before the election
for which the ballot is first requested.

Section 2 amends Election Law 8-412(1) to provide that all absentee
ballots received by the Board of Elections be cast if envelope in which
they are contained shows a cancellation mark with a date not later than
the day of the election and received by such Board of Elections not
later than seven days following the day of the election.

Section 3 states that the act shall take effect immediately.

 
EXISTING LAW:

This bill constitutes new legislation amending the paragraphs and subdi-
visions of the Election Law sections detailed above.

 
JUSTIFICATION:

The amendments detailed above will increase voter participation by
giving qualified voters an additional way to request an absentee ballot
and will result in more absentee ballots being counted by allowing more
time for receipt of the envelopes containing absentee ballots.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
LOCAL FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
Effective immediately.

S8130B - Bill Text download pdf


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

                                 8130--B

                            I N  S E N A T E

                             March 24, 2020
                               ___________

Introduced  by  Sens. MYRIE, CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Elections  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the election law, in relation to voting

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

  Section 1. Paragraphs (c) and (d) of subdivision 2 of section 8-400 of
the election law, paragraph (c) as amended by chapter 321 of the laws of
1988,  and paragraph (d) as separately amended by chapters 97 and 104 of
the laws of 2010, are amended to read as follows:
  (c) All applications must be mailed to  the  board  of  elections  not
later  than  [the seventh day] FIVE DAYS before the election for which a
ballot is first requested or delivered to such board not later than  the
day before such election.
  (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, ELECTRONIC MAIL, 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 day] FIVE DAYS before the election for which the ballot is
first requested and which states the address where the voter  is  regis-
tered  and  the  address  to which the ballot is to be mailed; provided,
however, a military voter may request a military ballot or voter  regis-
tration  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  applica-
tion  in  a  letter  as  provided  in  paragraph d of subdivision one of
section 11-202 of this chapter. The board  of  elections  shall  enclose

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15910-06-0

S. 8130--B                          2

with such ballot a form of application for absentee ballot if the appli-
cant is registered with such board of elections.
  § 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

S. 8130--B                          3

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,  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.

Co-Sponsors

S8130C - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

S8130C - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

S8130C - Sponsor Memo

 
BILL NUMBER: S8130c

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to recognize increased options for qualified
voters to request an absentee ballot in light of the COVID-19 pandemic
emergency by recognizing requests through electronic means, and to modi-
fy certain requirements relating to the date by which a ballot must be
postmarked.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-400(2)(c) to allow qualified voters to
request an absentee ballot by electronic mail, an electronic transmittal
system or a web portal established by the state board of elections or

city or county board of elections and dispenses with the requirement
that absentee ballot requests be signed by the voter no matter what
alternative method is used for the request.

Sections 2, 3, 4, 5, and 6 amend the Election Law to require that all
absentee ballots received by the Board of Elections be cast if the
envelope in which they are contained shows a cancellation mark with a
date not later than the day of the election.

Section 7 is the effective date.

 
JUSTIFICATION:

This legislation will help increase voter participation during the
COVID-19 pandemic by recognizing additional ways that qualified voters
may request an absentee ballot. It complements existing executive orders
addressing this issue. It also will result in more absentee ballots
being counted by allowing ballots in envelopes showing cancellation mark
with a date not later than the day of the election to be counted.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not yet determined.

 
EFFECTIVE DATE:
Section one of this bill shall take effect one week following the day on
which the 2020 primary election, currently scheduled for June 23, 2020,
is conducted; sections two through six of this.bill shall take effect
immediately. This act shall expire and be deemed repealed on December
31, 2020.

S8130C - Bill Text download pdf


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

                                 8130--C

                            I N  S E N A T E

                             March 24, 2020
                               ___________

Introduced  by  Sens. MYRIE, CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Elections  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15910-08-0

S. 8130--C                          2

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.
  § 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

S. 8130--C                          3

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  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.

Co-Sponsors

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S8130D (ACTIVE) - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

S8130D (ACTIVE) - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

S8130D (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8130D

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to recognize increased options for qualified
voters to request an absentee ballot in light of the COVID-19 pandemic
emergency by recognizing requests through electronic means, and to modi-
fy certain requirements relating to the date by which a ballot must be
postmarked.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-400(2)(c) to allow qualified voters to
request an absentee ballot by electronic mail, an electronic transmittal
system or a web portal established by the state board of elections or

city or county board of elections and dispenses with the requirement
that absentee ballot requests be signed by the voter no matter what
alternative method is used for the request.

Sections 2, 3, 4, 5, and 6 amend the Election Law to require that all
absentee ballots received by the Board of Elections be cast if the
envelope in which they are contained shows a cancellation mark with a
date not later than the day of the election.

Section 7 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version makes technical changes.

 
JUSTIFICATION:

This legislation will help increase voter participation during the
COVID-19 pandemic by recognizing additional ways that qualified voters
may request an absentee ballot. It complements existing executive orders
addressing this issue. It also will result in more absentee ballots
being counted by allowing ballots in envelopes showing cancellation mark
with a date not later than the day of the election to be counted.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not yet determined.

 
EFFECTIVE DATE:
Section one of this bill shall take effect one week following the day on
which the 2020 primary election, currently scheduled for June 23, 2020,
is conducted; sections two through six of this bill shall take effect
immediately. This act shall expire and be deemed repealed on December
31, 2020.

S8130D (ACTIVE) - Bill Text download pdf


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

                                 8130--D

                            I N  S E N A T E

                             March 24, 2020
                               ___________

Introduced  by  Sens.  MYRIE,  CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER,
  RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to the Committee on Elections -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- committee discharged  and  said  bill  committed  to  the
  Committee  on  Rules  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15910-10-0

S. 8130--D                          2

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.
  § 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:

S. 8130--D                          3

  § 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 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.

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The New York State Senate

senate Bill S8130D

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senate Bill S8130D

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Archive: Last Bill Status - Signed by Governor

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