NY State Senate Bill 2019-S8226

Senate Bill S8226

2019-2020 Legislative Session

Relates to authorizing electronic applications, and electronic return of certain ballots and the federal post card application form, and including certain elections on the ballots of special federal voters

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2020	referred to elections

2019-S8226 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-406, 8-410, 10-106, 10-107, 10-108, 11-203 & 11-200, El L

2019-S8226 (ACTIVE) - Summary

Authorizes electronic ballot applications and electronic return of certain ballots by telephone facsimile transmission and as an attachment to an electronic mail transmission; authorizes facsimile transmission or electronic mail return of a federal post card application form; includes state and local elections on the ballots of special federal voters.

2019-S8226 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8226

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the election law, in relation to authorizing electronic
applications and electronic return of certain ballots, authorizing
facsimile transmission or electronic mail return of a federal post card
application form, and including state and local elections on the ballots
of special federal voters

 
PURPOSE:

The purpose of this legislation is to allow overseas, military, and
absentee voters to submit their ballots by electronic means.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 8-400 of the Election Law to provide that
absentee ballot applications can be delivered and accepted via postal
delivery, personal delivery, fax, and email. The state board of

elections must provide contact information through their websites.
These applications shall be deemed filed when received by the board of
elections, unless received electronically after hours, in which case
these applications are deemed to be received the next day the board is
open to receive absentee ballot applications. The board of elections
shall maintain paper copies of these electronic applications, and the
state technology law electronic signature provisions shall apply with
respect to absentee ballot applications.

Section 2 amends Section 8-406 of the Election Law to provide the meth-
ods of delivery by which board of elections can deliver absentee ballots
to include via mail, personal delivery, fax, and email.

Section 3 amends Section 8-410 of the Election Law to ensure ballots
that are returned via mail or personal delivery are filled out properly.
These ballots must be placed in an envelope and delivered to the board
of elections located in the county or city of the absentee voter's resi-
dence.

Section 4 amends subdivision 7-a of Section 10-106 of the Election Law
to provide that boards of election must accept federal post card appli-
cation forms by mail, fax, or email.

Section 5 amends Section 10-107 of the Election Law to provide that, in
all communications with military voters, the board of elections must
include the mailing address, the email address, and fax number.  Mili-
tary ballot applications or military ballots submitted by fax or email
will be treated as an original and no conforming paper submission is
required. The board of elections must maintain paper copies of all
applications and ballots delivered by electronic means.

Section 6 amends paragraphs (b) of subdivision 1 of Section 10-108 of
the Election Law to provide that, if a special election is called,
boards of election must transmit a federal write-in absentee ballot to
all military voters eligible to vote by military ballot by mail, fax, or
email.


Section 7 amends Section 11-203 of the Election Law to provide that all
communications to the special federal voter must include the mailing
address, email address, and fax number of the board of elections. A
special federal voter's original completed voter registration applica-
tion may be returned by mail or in person, even if a prior copy was sent
to the board of elections by fax or email. A special federal ballot
application or special federal ballot submitted by fax or email will be
considered an original application or ballot and no paper submission is
required. The board of elections must maintain paper copies of all
applications and ballots delivered by electronic means.

Section 8 amends subdivision 1 of Section 11-200 of the Election Law to
include all primary, special, and general elections for any state or
local public office in the list of offices that special federal voters
now residing outside of the United States will be eligible to vote if
their last domicile was in New York State, and were, at the time of
their departure from the United States, eligible to vote in federal,
state, and local elections.

Section 9 is the effective date.

 
JUSTIFICATION:

Right now, many overseas voters that are New York residents have diffi-
culty exercising their right to vote because of New York's requirement
that absentee applications, ballots, and Federal Post Card Applications
(FCPA) be mailed to the board of elections. In fact, only 7 states,
including New York, require FCPAs be mailed to request a ballot, and
only 13 states, including New York, require FCPAs be mailed to register
to vote)

The ability to vote is one of the most prized forms of civic engagement.
We are now at a unique place in American history, where it is more
important than ever to enable every New Yorker who wants to vote. It is
time to deal with and correct long standing problems and outdated proce-
dures. All New Yorkers - whether they are in the military, living over-
seas, or need to vote via absentee ballot - deserve the ability to
receive and submit their absentee ballot applications electronically.
This bill addresses the ways that can be done in a clear and transparent
manner that will encourage greater voter turnout, one of the goals in
our democracy.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8226 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8226
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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 authorizing  electronic
   applications  and  electronic  return  of certain ballots, authorizing
   facsimile transmission or electronic mail return  of  a  federal  post
   card  application form, and including state and local elections on the
   ballots of special federal voters
 
   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 [must be] REQUESTING THAT A BALLOT BE DELIVERED
 TO THE VOTER OR AN AGENT BY  MAIL  THAT  ARE  mailed  to  the  board  of
 elections  SHALL  BE  MAILED  not  later than the seventh day before the
 election for which a ballot is  first  requested  or,  FOR  APPLICATIONS
 REQUESTING  IN-PERSON DELIVERY OF THE BALLOT TO THE VOTER OR AN AGENT AT
 THE BOARD OF ELECTIONS, SHALL BE delivered to such board not later  than
 the day before such election. IN ADDITION TO POSTAL OR PERSONAL DELIVERY
 OF  THE  APPLICATION  TO  THE BOARD OF ELECTIONS, THE BOARD OF ELECTIONS
 SHALL ACCEPT DELIVERY OF ABSENTEE BALLOT APPLICATIONS: (I) BY  TELEPHONE
 FACSIMILE  TRANSMISSION  TO  A PHONE NUMBER WHICH SHALL BE DESIGNATED BY
 THE BOARD OF ELECTIONS; AND (II) AS AN ATTACHMENT TO AN ELECTRONIC  MAIL
 TRANSMISSION  SENT  TO  AN ELECTRONIC MAIL ADDRESS WHICH SHALL BE DESIG-
 NATED BY THE BOARD OF ELECTIONS. THE WEBSITE FOR EACH BOARD OF ELECTIONS
 SHALL  ADVERTISE  THE  EMAIL  ADDRESS  AND  TELEPHONE  FACSIMILE  NUMBER
 REQUIRED  BY  THIS  SECTION.    AN APPLICATION DELIVERED TO THE BOARD OF
 ELECTIONS BY ELECTRONIC MEANS SHALL BE AN ORIGINAL  APPLICATION  WITHOUT
 NECESSITY  FOR  A  SUBSEQUENT  CONFORMING  PAPER SUBMISSION AND SHALL BE
 DEEMED FILED WHEN RECEIVED BY THE BOARD OF ELECTIONS, EXCEPT IF RECEIVED
 BY ELECTRONIC MEANS AFTER BUSINESS HOURS OR EXTENDED HOURS AS DESIGNATED
 BY THIS CHAPTER, SUCH APPLICATION SHALL BE DEEMED  RECEIVED  AS  OF  THE
 NEXT  DAY ON WHICH THE BOARD IS OPEN TO RECEIVE ABSENTEE BALLOT APPLICA-
 TIONS. THE BOARD OF ELECTIONS SHALL MAINTAIN PAPER COPIES OF ALL  APPLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14941-04-0

 S. 8226                             2

 CATIONS  DELIVERED BY ELECTRONIC MEANS. NOTHING IN THIS SECTION SHALL BE
 CONSTRUED  TO  PREVENT  THE  APPLICATION  OF  THE  ELECTRONIC  SIGNATURE
 PROVISIONS  OF THE STATE TECHNOLOGY LAW WITH RESPECT TO APPLICATIONS FOR
 AN ABSENTEE BALLOT.
   §  2.  Section 8-406 of the election law, as amended by chapter 296 of
 the laws of 1988, is amended to read as follows:
   § 8-406. Absentee ballots, delivery of. If the board shall  find  that
 the  applicant  is a qualified voter of the election district containing
 his OR HER residence as stated in his OR HER statement  and  that  [his]
 SUCH  statement is sufficient, it shall, as soon as practicable after it
 shall have determined [his] SUCH  APPLICANT'S  right  thereto,  mail  to
 [him] THE APPLICANT at an address designated by [him] SUCH APPLICANT, or
 deliver  to  [him]  THE  APPLICANT, or to any person designated for such
 purpose in writing by [him] SUCH APPLICANT, at the office of the  board,
 such an absentee voter's ballot or set of ballots and an envelope there-
 for.  If  the  ballot  or  ballots  are to be sent outside of the United
 States to a country other than Canada or Mexico, such ballot or  ballots
 shall  be  sent by air mail.  IN ADDITION TO POSTAL OR PERSONAL DELIVERY
 OF AN ABSENTEE VOTER'S BALLOT TO AN APPLICANT WHO IS FOUND TO BE A QUAL-
 IFIED VOTER, AT THE REQUEST OF SUCH APPLICANT, THE  BOARD  OF  ELECTIONS
 SHALL  DELIVER SUCH BALLOT OR BALLOTS: (I) BY TELEPHONE FACSIMILE TRANS-
 MISSION TO A PHONE NUMBER WHICH SHALL BE DESIGNATED BY THE APPLICANT; OR
 (II) AS AN ATTACHMENT TO AN ELECTRONIC  MAIL  TRANSMISSION  SENT  TO  AN
 ELECTRONIC  MAIL  ADDRESS  WHICH  SHALL  BE DESIGNATED BY THE APPLICANT.
 However, if an applicant who is eligible for an  absentee  ballot  is  a
 resident  of  a facility operated or licensed by, or under the jurisdic-
 tion of, the department of mental hygiene, or a resident of  a  facility
 defined  as  a nursing home or residential health care facility pursuant
 to subdivisions two and three of section two thousand eight hundred  one
 of  the public health law, or a resident of a hospital or other facility
 operated by the Veteran's Administration  of  the  United  States,  such
 absentee ballot need not be so mailed or delivered to any such applicant
 but,  may  be delivered to the voter in the manner prescribed by section
 8-407 of this [chapter] TITLE if such facility is located in the  county
 or city in which such voter is eligible to vote.
   §  3.  Section 8-410 of the election law, as amended by chapter 352 of
 the laws of 1986, is amended to read as follows:
   § 8-410. Absentee voting; method of. [The] FOR A BALLOT OR BALLOTS  TO
 BE RETURNED BY MAIL OR DELIVERED TO THE BOARD OF ELECTIONS OF THE COUNTY
 OR  CITY OF AN ABSENTEE VOTER'S RESIDENCE, THE absentee voter shall mark
 an absentee ballot as provided for paper ballots or ballots prepared for
 counting by ballot counting machines.   [He] THE  ABSENTEE  VOTER  shall
 make  no  mark  or  writing  whatsoever upon the ballot, except as above
 prescribed, and shall see that it bears no such mark  or  writing.  [He]
 THE  ABSENTEE  VOTER  shall  make  no  mark or writing whatsoever on the
 outside of the ballot. After marking the  ballot  or  ballots  [he]  THE
 ABSENTEE  VOTER  shall  fold  each  such  ballot and enclose them in the
 envelope and seal the envelope. [He] THE ABSENTEE VOTER shall then  take
 and  subscribe the oath on the envelope, with blanks properly filled in.
 The envelope, containing the ballot or ballots, shall then be mailed  or
 delivered  to the board of elections of the county or city of [his] SUCH
 ABSENTEE VOTER'S residence.
   § 4. Subdivision 7-a of section 10-106 of the election law,  as  added
 by chapter 348 of the laws of 1991, is amended to read as follows:
   7-a. If a federal post card application form is received from a person
 who  is qualified to vote as a military voter but who has not previously

 S. 8226                             3
 
 registered pursuant to the provisions of this article, such federal post
 card application form shall be treated in all respects as an application
 for registration and enrollment as a military voter and for  a  military
 ballot  pursuant  to  the  provisions of this article. If such a federal
 post card application form is received from a person already  registered
 as  a  military  voter  pursuant to the provisions of this article, such
 application shall be treated in all respects as  an  application  for  a
 military  ballot  pursuant  to the provisions of this article. THE BOARD
 SHALL ACCEPT FEDERAL POST CARD  APPLICATION  FORMS  BY  MAIL,  FACSIMILE
 TRANSMISSION OR ELECTRONIC MAIL.
   §  5.  Section  10-107 of the election law, as added by chapter 104 of
 the laws of 2010, is amended to read as follows:
   § 10-107. Military voters; designation of  means  of  transmission  by
 military  voters.  1.  A  military  voter  may designate a preference to
 receive a voter registration application, a military ballot  application
 or a military ballot by mail, facsimile transmission or electronic mail.
 Such  designation shall remain in effect until revoked or changed by the
 military voter. If a military voter does not designate a preference, the
 board of elections shall transmit the  voter  registration  application,
 military  ballot  application  or military ballot by mail. If a military
 voter designates a preference for facsimile transmission  or  electronic
 mail  but  does  not  provide  the  necessary facsimile number or e-mail
 address, the board of elections shall transmit  the  voter  registration
 application,  military ballot application or military ballot by mail and
 request the omitted information.  All  communications  to  the  military
 voter shall include the mailing address, THE EMAIL ADDRESS AND TELEPHONE
 FACSIMILE NUMBER of the board of elections.
   2.  Irrespective of the preferred method of transmission designated by
 a military voter, a military voter's original completed voter  registra-
 tion application, military ballot application and military ballot [must]
 MAY  be  returned  by mail [or], in person [notwithstanding that a prior
 copy was sent to the board of elections by], facsimile  transmission  or
 electronic  mail.  A  COMPLETED  MILITARY BALLOT APPLICATION OR MILITARY
 BALLOT SUBMITTED BY FACSIMILE TRANSMISSION OR ELECTRONIC MAIL  SHALL  BE
 AN  ORIGINAL  APPLICATION  OR  BALLOT AND NO CONFORMING PAPER SUBMISSION
 SHALL BE REQUIRED. THE BOARD OF ELECTIONS SHALL MAINTAIN PAPER COPIES OF
 ALL APPLICATIONS AND BALLOTS DELIVERED BY ELECTRONIC MEANS  PURSUANT  TO
 THIS SUBDIVISION.
   §  6. Paragraph (d) of subdivision 1 of section 10-108 of the election
 law, as added by chapter 104 of the laws of 2010, is amended to read  as
 follows:
   (d)  A  military  voter  who  has received a federal write-in absentee
 ballot shall be entitled to receive a certified  ballot  notwithstanding
 the  prior  transmission  of  a federal write-in absentee ballot to such
 voter pursuant to paragraph (b) or (c) of this subdivision. Such  certi-
 fied  military ballot shall be sent by the board of elections in accord-
 ance with the preferred method of transmission designated by  the  voter
 pursuant  to  section  10-107  of this article, or expedited mail if the
 military voter has not expressed a preference to receive same by facsim-
 ile transmission or electronic mail, and  [his  or  her]  SUCH  MILITARY
 VOTER'S  request for a military ballot was made at least thirty-two days
 before the election.
   § 7. Section 11-203 of the election law, as added by  chapter  104  of
 the laws of 2010, is amended to read as follows:
   § 11-203. Special federal voters; designation of means of transmission
 by  special  federal  voters. 1. A special federal voter may designate a

 S. 8226                             4
 
 preference to receive a voter registration application, a special feder-
 al ballot application or a special federal  ballot  by  mail,  facsimile
 transmission  or  electronic  mail.    Such  designation shall remain in
 effect  until  revoked  or  changed  by  the special federal voter. If a
 special federal voter does not designate  a  preference,  the  board  of
 elections  shall  transmit  the  voter registration application, special
 federal ballot application or special  federal  ballot  by  mail.  If  a
 special federal voter designates a preference for facsimile transmission
 or  electronic  mail but does not provide the necessary facsimile number
 or e-mail address, the board  of  elections  shall  transmit  the  voter
 registration  application, special federal ballot application or special
 federal ballot by mail and request the omitted information. All communi-
 cations to the special federal voter shall include the mailing  address,
 THE  EMAIL  ADDRESS  AND  TELEPHONE  FACSIMILE  NUMBER  of  the board of
 elections.
   2. Irrespective of the preferred method of transmission designated  by
 a  special  federal  voter, a special federal voter's original completed
 voter registration application[, special federal ballot application  and
 special  federal  ballot  must]  MAY  be  returned  by mail or in person
 notwithstanding that a prior copy was sent to the board of elections  by
 facsimile  transmission  or electronic mail. A COMPLETED SPECIAL FEDERAL
 BALLOT APPLICATION OR SPECIAL  FEDERAL  BALLOT  SUBMITTED  BY  FACSIMILE
 TRANSMISSION  OR  ELECTRONIC  MAIL  SHALL  BE AN ORIGINAL APPLICATION OR
 BALLOT AND NO CONFORMING PAPER SUBMISSION SHALL BE REQUIRED.  THE  BOARD
 OF ELECTIONS SHALL MAINTAIN PAPER COPIES OF ALL APPLICATIONS AND BALLOTS
 DELIVERED BY ELECTRONIC MEANS PURSUANT TO THIS SUBDIVISION.
   §  8.  Subdivision 1 of section 11-200 of the election law, as amended
 by chapter 99 of the laws of 1989, is amended to read as follows:
   1. Every citizen of the United States now residing outside the  United
 States whose last domicile in the United States immediately prior to his
 departure  from the United States was in the state of New York, shall be
 entitled to vote from such last domicile, as a special federal voter  in
 all  primary,  special  and  general elections for the public offices or
 party positions of president and vice-president of  the  United  States,
 United  States  senator, representative in congress [and], delegates and
 alternate delegates to a national convention AND  ALL  PRIMARY,  SPECIAL
 AND  GENERAL  ELECTIONS  FOR  ANY STATE OR LOCAL PUBLIC OFFICE, provided
 such citizen, at the time of such  departure  from  the  United  States,
 could have met all the present qualifications of this chapter to vote in
 [federal]  SUCH elections from such last domicile, except the qualifica-
 tion with respect to minimum voting age, even though such  citizen  does
 not  now maintain a place of abode or domicile in the state of New York,
 and provided further that such citizen does  not  maintain  a  place  of
 abode  or  domicile,  is not registered to vote and is not voting in any
 other election district, state, territory or possession  of  the  United
 States  and  provided  further that such citizen has a valid passport or
 card of identity and registration issued  under  the  authority  of  the
 secretary of state of the United States.
   § 9. This act shall take effect immediately.

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