NY State Senate Bill 2021-S3608

Archive: Last Bill Status - In Senate Committee Elections 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Jan 30, 2021	referred to elections

2021-S3608 (ACTIVE) - Details

See Assembly Version of this Bill:: A4244
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 10-107 & 11-203, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7012
2011-2012: A1227, A8578
2013-2014: A1463
2015-2016: A295
2017-2018: A401
2019-2020: S4651, A507
2023-2024: S5677
2025-2026: S5570

2021-S3608 (ACTIVE) - Summary

Relates to an electronically submitted absentee ballot application.

2021-S3608 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3608

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the election law, in relation to authorizing electronic
absentee ballot applications

 
PURPOSE OR GENERAL IDEA OF BILL::

To increase voter participation in the election process by allowing
voters to use electronic means to obtain absentee ballot applications.

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1 of the bill amends subdivision 2 of § 8-400 of the election
law, to provide that the Board of Elections shall accept an absentee
ballot application by fax, as an email attachment, or via an online
electronic absentee ballot application filing system, established pursu-
ant to this section.

Section 2 of this bill amends subdivision 2 of 'S 10-107 of the election
law to authorize the use of facsimile, email, or electronic filing
system for absentee ballot applications for military ballots.

Section 3 of this bill amends subdivision 2 of § 11-203 of the election
law to authorize the use of facsimile, email, or electronic filing
system for absentee ballot applications for special federal ballot
applicants.

Section 4 is the effective date (January 1st next succeeding enactment).

 
JUSTIFICATION:

Many New Yorkers are disenfranchised because of the immense absentee
ballot applications backlog facing the Board of Elections. Currently,
there is no electronic means by which a voter can request an absentee
ballot application. Providing such a system will help alleviate the
backlog and provide easier-access to applications for New Yorkers.

 
PRIOR LEGISLATIVE HISTORY::

2017-18: A. 401A passed Assembly;
2015-2016: A.294 referred to election law, same as S.6534 (Avella);
2013-14: A. 1463 referred to election law;
2011-12: A. 8578 referred to election law;
2010-11: A. 1227 referred to election law;
2009-10: A. 7012 referred to election law

 
FISCAL IMPLICATIONS::

Minimal to create electronic transmittal system. Cost savings to be
realized from not paying postage to mail applications.

 
EFFECTIVE DATE::

This act shall take effect January 1st next succeeding the date on which
it shall have become a law.

2021-S3608 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3608
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 authorizing  electronic
   absentee ballot applications
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 2  of  section  8-400  of  the
 election  law, as amended by chapter 321 of the laws of 1988, is amended
 to read as follows:
   (c) All applications REQUESTING THAT A  BALLOT  BE  DELIVERED  TO  THE
 VOTER  OR  AN AGENT BY MAIL must be mailed to the board of elections not
 later than the seventh day before the election for  which  a  ballot  is
 first  requested  or,  FOR APPLICATIONS REQUESTING IN-PERSON DELIVERY OF
 THE BALLOT TO THE VOTER OR AN AGENT AT THE BOARD OF ELECTIONS,  MUST  BE
 delivered  to such board not later than the day before such election. IN
 ADDITION TO POSTAL OR PERSONAL DELIVERY OF THE APPLICATION TO THE  BOARD
 OF  ELECTIONS,  THE BOARD OF ELECTIONS SHALL ACCEPT DELIVERY OF ABSENTEE
 BALLOT APPLICATIONS: (I) BY TELEPHONE FACSIMILE TRANSMISSION TO A  PHONE
 NUMBER  WHICH  SHALL BE DESIGNATED BY THE BOARD OF ELECTIONS; (II) AS AN
 ATTACHMENT TO AN ELECTRONIC MAIL TRANSMISSION SENT TO AN ELECTRONIC MAIL
 ADDRESS WHICH SHALL BE DESIGNATED BY THE BOARD OF ELECTIONS;  AND  (III)
 THROUGH  AN  ONLINE ELECTRONIC ABSENTEE BALLOT APPLICATION FILING SYSTEM
 WHICH SHALL BE ESTABLISHED BY THE STATE BOARD  OF  ELECTIONS  AND  WHICH
 SHALL  TRANSMIT  EACH  APPLICATION TO THE APPROPRIATE BOARD OF ELECTIONS
 FOR PROCESSING. THE WEBSITE FOR EACH BOARD OF ELECTIONS SHALL  ADVERTISE
 THE  EMAIL  ADDRESS  AND  TELEPHONE  FACSIMILE  NUMBER  REQUIRED BY THIS
 SECTION AND SHALL PROVIDE A LINK TO THE ONLINE ELECTRONIC FILING  SYSTEM
 ESTABLISHED  PURSUANT  TO  THIS SECTION. AN APPLICATION DELIVERED TO THE
 BOARD OF ELECTIONS BY ELECTRONIC MEANS SHALL BE AN ORIGINAL  APPLICATION
 WITHOUT NECESSITY FOR A SUBSEQUENT CONFORMING PAPER SUBMISSION AND SHALL
 BE  DEEMED  FILED  WHEN  RECEIVED  BY  THE BOARD OF ELECTIONS, EXCEPT IF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00705-01-1

 S. 3608                             2
 
 RECEIVED BY ELECTRONIC MEANS AFTER BUSINESS HOURS OR EXTENDED  HOURS  AS
 DESIGNATED BY THIS CHAPTER, SUCH APPLICATION SHALL BE DEEMED RECEIVED AS
 OF  THE  NEXT  DAY ON WHICH THE BOARD IS OPEN TO RECEIVE ABSENTEE BALLOT
 APPLICATIONS.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE
 APPLICATION OF THE ELECTRONIC SIGNATURE PROVISIONS OF THE STATE TECHNOL-
 OGY LAW WITH RESPECT TO APPLICATIONS FOR AN ABSENTEE BALLOT.
   § 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 or in person notwithstanding that a prior copy was
 sent to the board of elections by facsimile transmission  or  electronic
 mail.  A  COMPLETED  MILITARY  BALLOT APPLICATION SUBMITTED BY FACSIMILE
 TRANSMISSION OR ELECTRONIC MAIL OR THROUGH AN ELECTRONIC  FILING  SYSTEM
 ESTABLISHED  BY THE STATE BOARD OF ELECTIONS SHALL BE AN ORIGINAL APPLI-
 CATION AND NO CONFORMING PAPER SUBMISSION SHALL BE REQUIRED.
   § 3. Subdivision 2 of section 11-203 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 special federal voter, a special federal  voter's  original  completed
 voter registration application[, special federal ballot application] and
 special  federal  ballot  must be returned by mail or in person notwith-
 standing that a prior copy was sent to the board of elections by facsim-
 ile transmission or electronic mail. A COMPLETED SPECIAL FEDERAL  BALLOT
 APPLICATION  SUBMITTED  BY  FACSIMILE TRANSMISSION OR ELECTRONIC MAIL OR
 THROUGH AN ELECTRONIC FILING SYSTEM ESTABLISHED BY THE  STATE  BOARD  OF
 ELECTIONS  SHALL  BE  AN  ORIGINAL  APPLICATION  AND NO CONFORMING PAPER
 SUBMISSION SHALL BE REQUIRED.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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Senate Bill S3608

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

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2021-S3608 (ACTIVE) - Details

2021-S3608 (ACTIVE) - Summary

2021-S3608 (ACTIVE) - Sponsor Memo

2021-S3608 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2021-S3608 (ACTIVE) - Details

2021-S3608 (ACTIVE) - Summary

2021-S3608 (ACTIVE) - Sponsor Memo

2021-S3608 (ACTIVE) - Bill Text download pdf

Comments