Senate Bill S8949

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8949
 
                             I N  S E N A T E
 
                              August 31, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 establishing a website
   and mobile application that allows voters to view the status of  their
   absentee ballot applications and absentee ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  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. 1. If the board shall find
 that the applicant  is  a  qualified  voter  of  the  election  district
 containing  his residence as stated in his statement and that his state-
 ment is sufficient, it shall, as soon as practicable after it shall have
 determined his right thereto, mail to him at an  address  designated  by
 him,  or deliver to him, or to any person designated for such purpose in
 writing by him, at the office of the board,  such  an  absentee  voter's
 ballot  or  set  of  ballots  and an envelope therefor. 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.
 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] VETERANS HEALTH 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.
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BOARD  OF
 ELECTIONS  SHALL  ESTABLISH A SECURE WEBSITE AND MOBILE APPLICATION THAT
 SHALL NOT REQUIRE THE USER TO CREATE  AN  ACCOUNT,  BUT  SHALL,  THROUGH
 METHODS  DETERMINED  BY THE BOARD, REQUIRE VERIFICATION THAT THE USER IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17176-01-0

 S. 8949                             2
 
 ACCESSING HIS OR HER OWN  RECORD.  THE  INFORMATION  PRESENTED  IN  SUCH
 WEBSITE  AND  MOBILE  APPLICATION  SHALL  BE UPDATED WITH ANY APPLICABLE
 CHANGES NO LESS FREQUENTLY THAN DAILY. SUCH WEBSITE AND MOBILE  APPLICA-
 TION SHALL INCLUDE, BUT NOT BE LIMITED TO, ALLOWING ANY REGISTERED VOTER
 WHO  HAS  SUBMITTED AN APPLICATION FOR AN ABSENTEE BALLOT, OR WHO OTHER-
 WISE HAS A RIGHT TO RECEIVE AN ABSENTEE BALLOT, FOR AN UPCOMING ELECTION
 PURSUANT TO THIS TITLE TO VIEW THE  CURRENT  STATUS  OF  THEIR  ABSENTEE
 APPLICATION  AND  ABSENTEE  BALLOT.  SUCH WEBSITE AND MOBILE APPLICATION
 SHALL INDICATE FOR EACH SUCH VOTER WHETHER THE BOARD OF ELECTIONS HAS:
   (A) RECEIVED SUCH VOTER'S REQUEST FOR AN ABSENTEE BALLOT, IF  APPLICA-
 BLE;
   (B)  APPROVED  OR  REJECTED  SUCH  REQUEST,  IF  APPLICABLE,  AND,  IF
 REJECTED, A BRIEF STATEMENT OF THE REASON FOR REJECTION;
   (C) MAILED OR DELIVERED AN ABSENTEE BALLOT  TO  SUCH  VOTER  FOR  SUCH
 UPCOMING  ELECTION,  AND SHALL INCLUDE THE ABILITY FOR SUCH VOTER TO SEE
 THE STATUS OF A MAILED ABSENTEE BALLOT BY UNITED STATES  POSTAL  SERVICE
 INTELLIGENT MAIL BARCODE OR SUCCESSOR TECHNOLOGY;
   (D)  RECEIVED SUCH VOTER'S COMPLETED ABSENTEE BALLOT FOR SUCH UPCOMING
 ELECTION; AND
   (E) DETERMINED THAT SUCH VOTER'S COMPLETED ABSENTEE BALLOT WAS  INVAL-
 ID, AND, IF SUCH A FINDING WAS MADE, A BRIEF STATEMENT OF THE REASON FOR
 SUCH FINDING.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.