The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    632
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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 absentee voting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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]  WHEN  SUCH
 VOTER requests [such] an absentee ballot from such board of elections in
 writing  in  a  letter, telefax 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 ELEC-
 TRONIC  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 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 application 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 absentee ballot application in a letter as provided in
 paragraph  d  of  subdivision 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD06364-01-1

 S. 632                              2
 
   § 2. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 140 of the laws of 2020, is amended to read as follows:
   1. The board of elections shall cause all absentee ballots received by
 it  before  the  close  of  the  polls  on  election day and all ballots
 contained in envelopes showing a cancellation mark of the United  States
 postal service or a foreign country's postal service, or showing a dated
 endorsement  of  receipt  by another agency of the United States govern-
 ment, with a date which is ascertained to be not later than the  day  of
 the  election  and  received  by  such board of elections not later than
 seven days following the day of election to be cast and counted  [except
 that the absentee ballot of a voter who requested such ballot by letter,
 rather than application, shall not be counted unless a valid application
 form,  signed  by such voter, is received by the board of elections with
 such ballot]. For purposes of this section, any absentee ballot received
 by the board of elections by mail that does not bear or display a  dated
 postmark  shall  be  presumed to have been timely mailed or delivered if
 such ballot bears a time stamp of the receiving board of elections indi-
 cating receipt by such board on the day after the election.
   § 3. Subparagraph (iii) of paragraph (b) of subdivision 2  of  section
 9-209  of  the  election  law,  as amended by chapter 104 of the laws of
 2010, is amended to read as follows:
   (iii) If such a federal write-in absentee  ballot  is  received  after
 election  day,  the envelope in which it is received must contain: (A) a
 cancellation mark of the United States postal service or a foreign coun-
 try's postal service; (B) a dated  endorsement  of  receipt  by  another
 agency  of  the  United  States government; or (C) if cast by a military
 voter, the signature and date of the voter and one witness thereto  with
 a date which is ascertained to be not later than the day [before] OF THE
 election [day].
   §  4.  Subdivision 1 of section 10-114 of the election law, as amended
 by chapter 165 of the laws of 2009, is amended to read as follows:
   1. The board of elections shall cause all military ballots received by
 it before the close of  the  polls  on  election  day  and  all  ballots
 contained  in envelopes showing a cancellation mark of the United States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the United States government
 or are signed and dated by the voter and one  witness  thereto,  with  a
 date  which  is ascertained to be not later than the day [before] OF THE
 election and received by such board of elections not  later  than  seven
 days following the day of a primary election and not later than thirteen
 days  following  the day of a general or special election to be cast and
 counted.
   § 5. Subdivision 1 of section 11-110 of the election law,  as  amended
 by chapter 99 of the laws of 1989, is amended to read as follows:
   1. To be counted, any ballot cast under the provisions of this article
 must  be  received  by the appropriate board of elections not later than
 the close of the polls on election day except that all ballots contained
 in envelopes showing a cancellation mark of  the  United  States  postal
 service,  or  a  foreign  country's  postal service with a date which is
 ascertained to be not later than the day [before] OF THE election, shall
 be cast and counted if received by the board of elections not later than
 seven days following the day of election.
   § 6. Section 11-212 of the election law, as amended by chapter 163  of
 the laws of 2010, is amended to read as follows:
   §  11-212.  Special federal ballots; deadline for receipt. All special
 federal ballots received by the board of elections before the  close  of

 S. 632                              3
 
 the  polls  on  election day shall be retained by the board of elections
 and cast and canvassed pursuant to section 9-209 of  this  chapter.  All
 ballots contained in envelopes showing a cancellation mark of the United
 States  postal service or a foreign country's postal service, or showing
 a dated endorsement of receipt by another agency of  the  United  States
 government,  with  a  date which is ascertained to be not later than the
 day [before] OF THE election, shall be cast and counted if  received  by
 the  board of elections not later than seven days following the day of a
 primary election or thirteen days following the  day  of  a  general  or
 special  election [except that the special federal ballot of a voter who
 requested such ballot by letter, rather than application, shall  not  be
 counted  unless  a  valid  application  form,  signed  by such voter, is
 received by the board  of  elections  with  such  ballot].  All  ballots
 received  by  the  board  of  elections and all federal write-in ballots
 received from special federal voters not later than seven days following
 the day of a primary election or thirteen days following the  day  of  a
 general or special election, shall be retained at the board and shall be
 cast  and canvassed in the same manner as other ballots retained by such
 board.
   § 7. This act shall take effect immediately.