S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4255
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  DICKENS,  SEAWRIGHT  -- read once and
   referred to the Committee on Election Law
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06178-01-1
              

 A. 4255                             2
 
   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
 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.