NY State Senate Bill 2019-S8949

Senate Bill S8949

2019-2020 Legislative Session

Relates to establishing a secure website and mobile application to allow voters to view the status of their absentee ballots

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Archive: Last Bill Status - In Senate Committee Rules 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
Aug 31, 2020	referred to rules

co-Sponsors

2019-S8949 (ACTIVE) - Details

See Assembly Version of this Bill:: A10956
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §8-406, El L
Versions Introduced in 2021-2022 Legislative Session:: S7482, A4255

2019-S8949 (ACTIVE) - Summary

Relates to establishing a secure website and mobile application that allows voters who have submitted an application for an absentee ballot to view the current status of their application and absentee ballot.

2019-S8949 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8949

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would amend the election law to require the board of
elections to create a web based system where individuals can check the
status of their absentee ballots.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 8-406 of the election law by adding a new
section requiring the board of elections to create a secure website and
mobile application without requiring the user to create an account that
will allows users to track their absentee ballots. An individual will be

able to see their request for the absentee ballot, whether the absentee
ballot was approved or rejected and other supplemental information.

Section 2 provides the effective date

 
EXISTING LAW:

This is a new bill

 
JUSTIFICATION:

During the New York State June 2020 primary, a large portion of New
Yorkers voted by absentee ballot due to the COVID-19 pandemic. There
were 80,000 absentee ballots received in the city that were deemed
invalid due to technical flaws. Meaning that one-fifth of voters who
voted by mail were disenfranchised.

With the upcoming General Election, there are growing concerns with that
due to COVID-19 individuals will not be able to exercise their civic
duty while protecting their health. There have been concerns regarding
funding of the United States Postal Service. In the event that mailboxes
are removed from our streets or "locked", we need to be prepared. This
proposal would give voters peace of mind to know that they can track
their absentee ballot during troubling times and ensure their vote is
counted.

The economy took a drastic shift as a result of COVID-19, this legis-
lation could potentially create more jobs for New Yorkers as the website
will require regular updating.

 
LEGISLATIVE HISTORY:

New York City Council Legislation sponsored by Council Member Benjamin
Kallos

 
FISCAL IMPLICATIONS:

To be determined
 
LOCAL FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S8949 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S8949

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Sponsored By

Luis R. Sepúlveda