S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1294
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  WOERNER, HAWLEY, BRABENEC, DeSTEFANO, STERN,
   MANKTELOW, SIMON, GOTTFRIED, STIRPE, BARRON -- Multi-Sponsored  by  --
   M.  of  A.  SALKA, TAGUE -- read once and referred to the Committee on
   Election Law
 
 AN ACT to amend the election law, in relation to establishing  an  elec-
   tronic  military  ballot  application  and military ballot transmittal
   system
 
   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 10-110
 to read as follows:
   § 10-110. MILITARY VOTERS; ELECTRONIC MILITARY BALLOT APPLICATION  AND
 MILITARY BALLOT TRANSMITTAL SYSTEM. 1. IN ADDITION TO ANY OTHER MEANS OF
 APPLICATION FOR A MILITARY BALLOT AND RETURN OF A MARKED MILITARY BALLOT
 PROVIDED  FOR BY THIS CHAPTER, THE STATE BOARD OF ELECTIONS SHALL ESTAB-
 LISH AND MAINTAIN AN ELECTRONIC MILITARY BALLOT APPLICATION AND MILITARY
 BALLOT TRANSMITTAL SYSTEM THROUGH WHICH APPLICANTS MAY APPLY FOR A MILI-
 TARY BALLOT AND RETURN A MARKED MILITARY BALLOT, ONLINE. THE STATE BOARD
 OF ELECTIONS SHALL ELECTRONICALLY TRANSMIT SUCH APPLICATIONS AND  MARKED
 BALLOTS  TO THE APPLICABLE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY
 OF NEW YORK FOR FILING, PROCESSING AND VERIFICATION CONSISTENT WITH THIS
 CHAPTER. IN ACCORDANCE WITH TECHNICAL  SPECIFICATIONS  PROVIDED  BY  THE
 STATE  BOARD  OF  ELECTIONS,  EACH  BOARD  OF ELECTIONS SHALL MAINTAIN A
 SYSTEM CAPABLE OF RECEIVING AND PROCESSING MILITARY  BALLOT  APPLICATION
 AND  MARKED  MILITARY  BALLOT INFORMATION, INCLUDING DIGITAL SIGNATURES,
 FROM THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM ESTABLISHED BY
 THE STATE BOARD OF ELECTIONS.  NOTWITHSTANDING  ANY  OTHER  INCONSISTENT
 PROVISION  OF  THIS  CHAPTER,  APPLICATIONS AND BALLOTS FILED USING SUCH
 SYSTEM SHALL BE CONSIDERED FILED WITH THE APPLICABLE BOARD OF  ELECTIONS
 ON THE CALENDAR DATE SUCH APPLICATION OR BALLOT IS INITIALLY TRANSMITTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01204-01-1
              

 A. 1294                             2
 
 BY  THE  VOTER  THROUGH  THE  ELECTRONIC MILITARY BALLOT APPLICATION AND
 MILITARY BALLOT TRANSMITTAL SYSTEM.
   2.  AS  USED  IN THIS ARTICLE, THE TERM "DIGITAL SIGNATURE" SHALL MEAN
 THE CERTIFICATE-BASED DIGITAL IDENTIFICATION CODE  ISSUED  TO  QUALIFIED
 PERSONNEL  BY  THE  UNITED  STATES  DEPARTMENT OF DEFENSE AS PART OF THE
 COMMON ACCESS CARD OR ITS SUCCESSOR.
   § 2. Subdivision 2 of section 10-107 of the election law, as added  by
 chapter 104 of the laws of 2010, is amended to read as follows:
   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
 be returned by mail, THE  ELECTRONIC  MILITARY  BALLOT  APPLICATION  AND
 MILITARY  BALLOT  TRANSMITTAL  SYSTEM  ESTABLISHED  PURSUANT  TO SECTION
 10-110 OF THIS ARTICLE or in person notwithstanding that  a  prior  copy
 was  sent  to  the board of elections by facsimile transmission or elec-
 tronic mail.
   § 3. Section 10-112 of the election law, as amended by chapter 104  of
 the laws of 2010, is amended to read as follows:
   § 10-112. Military voter; voting. The military voter shall EITHER:
   1.  mark  the military ballot provided for in this article in the same
 manner as an absentee ballot. After marking the ballot, he or she  shall
 fold  such ballot and enclose it in the inner affirmation envelope bear-
 ing the military voter's affirmation on the outside of the envelope  and
 seal  the  envelope. He or she shall then sign the affirmation, with the
 blanks properly filled in. The inner affirmation envelope containing the
 military ballot shall then be inserted in the outer  envelope  addressed
 to  the  appropriate  board  of  elections,  which  shall  be  mailed or
 personally delivered to such board of elections of his or her county  of
 residence within the time limits provided by this chapter; OR
   2.  UTILIZE  THE  ELECTRONIC  MILITARY BALLOT APPLICATION AND MILITARY
 BALLOT TRANSMITTAL SYSTEM ESTABLISHED PURSUANT TO SECTION 10-110 OF THIS
 ARTICLE TO MARK, SIGN WITH SUCH MILITARY VOTER'S DIGITAL  SIGNATURE  AND
 RETURN THE MILITARY BALLOT PROVIDED FOR IN THIS ARTICLE.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as part CCC of chapter 55 of the laws of 2019 takes effect.