S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    306
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 improving  the  issuing
   of absentee ballots

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (c) and (d) of subdivision 2 of section 8-400 of
 the election law, paragraph (c) as amended by chapter 321 of the laws of
 1988 and paragraph (d) as amended by chapter 138 of the  laws  of  2020,
 are amended to read as follows:
   (c)  All  applications  must  be  [mailed to] RECEIVED BY the board of
 elections not later than the [seventh] day before the election for which
 a ballot is first requested [or delivered to such board not  later  than
 the day before such election].
   (d)  The  board  of  elections  shall mail an absentee ballot to every
 qualified voter otherwise eligible for such a ballot,  when  such  voter
 requests  an  absentee  ballot  from  such board of elections in writing
 [in], WHICH SHALL INCLUDE  a letter, telefax OR OTHER WRITTEN INSTRUMENT
 CONTAINING A SIGNATURE OF  THE  VOTER,  indicating  the  address,  phone
 number  and  the  telefax number from which the writing is sent or other
 written instrument, [or an electronic application submitted by the voter
 by electronic mail or through an electronic transmittal  system  or  web
 portal  established  by  the  state board of elections or city or county
 board of elections,] which is SIGNED BY THE VOTER AND  received  by  the
 board  of elections not EARLIER THAN THE THIRTIETH DAY, IF SAID ABSENTEE
 BALLOTS HAVE BEEN PREPARED OR IMMEDIATELY  UPON  THEIR  RECEIPT  BY  THE
 BOARD OF ELECTIONS, NOR later than the [seventh] day before the election
 for  which  the  ballot  is first requested and which states the address
 where the voter is registered and the address to which the ballot is  to
 be  mailed;  provided,  however, a military voter may request a military
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02540-01-1

 S. 306                              2
 
 ballot or voter registration application or an absentee ballot  applica-
 tion  in  a letter as provided in subdivision three of section 10-106 of
 this chapter; and provided further, a special federal voter may  request
 a  special federal ballot or voter registration application or an absen-
 tee ballot application in a letter as provided in paragraph d of  subdi-
 vision  one  of  section  11-202 of this chapter. The board of elections
 shall enclose with such ballot a form of application for absentee ballot
 if the applicant is registered with such board of elections.
   § 2. Paragraph (d) of subdivision 2 of section 8-400 of  the  election
 law,  as  separately amended by chapters 97 and 104 of the laws of 2010,
 is amended to read as follows:
   (d) The board of elections shall mail  an  absentee  ballot  to  every
 qualified  voter otherwise eligible for such a ballot, who requests such
 an absentee ballot from such board of elections in writing  [in],  WHICH
 SHALL INCLUDE a letter, telefax OR OTHER WRITTEN INSTRUMENT CONTAINING A
 SIGNATURE  OF  THE  VOTER,  indicating the address, phone number and the
 telefax number from which the writing is sent or other  written  instru-
 ment,  which  is  signed  by  the  voter  and  received  by the board of
 elections not earlier than the thirtieth day, IF SAID  ABSENTEE  BALLOTS
 HAVE  BEEN  PREPARED  OR  IMMEDIATELY UPON THEIR RECEIPT BY THE BOARD OF
 ELECTIONS, nor later than the [seventh]  day  before  the  election  for
 which  the  ballot is first requested and which states the address where
 the voter is registered and the address to which the  ballot  is  to  be
 mailed;  provided,  however,  a  military  voter  may request a military
 ballot or voter registration application or an absentee ballot  applica-
 tion  in  a letter as provided in subdivision three of section 10-106 of
 this chapter; and provided further, a special federal voter may  request
 a  special federal ballot or voter registration application or an absen-
 tee ballot application in a letter as provided in paragraph d of  subdi-
 vision  one  of  section  11-202 of this chapter. The board of elections
 shall enclose with such ballot a form of application for absentee ballot
 if the applicant is registered with such board of elections.
   § 3. This act shall take effect immediately; provided that the  amend-
 ments to paragraph (d) of subdivision 2 of section 8-400 of the election
 law  made  by section one of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 7 of chapter 91 of
 the laws of 2020, as amended, when upon  such  date  the  provisions  of
 section two of this act shall take effect.