NY State Senate Bill S264

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 16, 2021	signed chap.273
Jul 12, 2021	delivered to governor
Mar 10, 2021	returned to senate passed assembly ordered to third reading cal.151 substituted for a5783
Jan 11, 2021	referred to election law delivered to assembly passed senate ordered to third reading cal.2 reported and committed to rules
Jan 06, 2021	referred to elections

Votes

view votes

Jan 11, 2021 - floor Vote

S264

floor

Aye

Nay

Absent

Excused

Abstained

Jan 11, 2021 - Elections committee Vote

S264

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: Jan 11, 2021

aye (6)

aye wr (1)

Rath III

Jan 11, 2021 - Rules committee Vote

S264

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S264 (ACTIVE) - Details

See Assembly Version of this Bill:: A5783
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L
Versions Introduced in 2019-2020 Legislative Session:: S8916

S264 (ACTIVE) - Summary

Relates to absentee voting application deadlines; provides all applications requesting an absentee ballot by mail must be received by the board of elections no later than the fifteenth day before the election for a ballot is first requested; provides applications delivered in person shall be received no later than the day before such election.

S264 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S264

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting appli-
cation deadlines

 
PURPOSE:

The purpose of this bill is to conform deadlines for mailing of absentee
ballot applications to comply with United States Postal Service (USPS)
guidelines in order to assure the timely delivery of election mail.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Election Law 8-400(2)(c) to require that
applications for absentee ballots be received by the board of elections
not later than the fifteenth day before the day of an election, rather
than the seventh day for which a ballot is first requested. Section one
also requires in-person requests for absentee ballots be delivered to

the voter or to an agent of the voter no later than the day before such
election.

Section 2 amends Paragraph (d) of subdivision 2 of section 8-400 of the
elections law to conform to the receipt date for absentee ballot
requests to the fifteen day requirement set forth in Section one of the
bill.

Section 3 amends 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 to conform required receipt dates for absentee ballot requests
made in writing to the fifteen day provision set forth in section one of
the bill.

Section 4 sets forth the effective date.

 
JUSTIFICATION:

To ensure that the votes of all qualified voters who wish to exercise
their constitutional right to vote by absentee ballot are counted, the
time deadlines for mailing absentee ballot applications must take
account of USPS guidelines for ensuring the timely delivery of mail.

 
LEGISLATIVE HISTORY:

S8916 of 2019-20

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the amendments to
paragraph (d) of subdivision 2 of section 8-400 of the election 3 law
made by section two of this act shall be subject to the expiration 4 and
reversion of such paragraph pursuant to section 7 of chapter 91 of 5 the
laws of 2020, as amended, when upon such date the provisions of 6
section three of this act shall take effect.

S264 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    264
 
                        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 absentee voting  appli-
   cation deadlines

   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 AN ABSENTEE BALLOT  BY  MAIL  must  be
 [mailed  to]  RECEIVED  BY  the  board  of  elections not later than the
 [seventh] FIFTEENTH day before the election for which a ballot is  first
 requested  [or  delivered  to]. APPLICATIONS FOR AN ABSENTEE BALLOT THAT
 WILL BE DELIVERED IN PERSON AT THE BOARD OF ELECTIONS TO THE VOTER OR TO
 AN AGENT OF THE VOTER MUST BE RECEIVED BY such board not later than  the
 day before such election.
   §  2.  Paragraph (d) of subdivision 2 of section 8-400 of the election
 law, as amended by chapter 138 of the laws of 2020, 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,  when  such  voter
 requests 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  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 received by the board of  elections  not  later  than  the  [seventh]
 FIFTEENTH  day  before  the  election  for  which  the  ballot  is first
 requested and which states the address where the voter is registered and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02513-01-1

 S. 264                              2
 
 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.
   §  3.  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 a letter,
 telefax indicating the address, phone number and the telefax number from
 which the writing is sent or other written instrument, which  is  signed
 by  the  voter  and received by the board of elections not [earlier than
 the thirtieth day nor] later than the [seventh] FIFTEENTH 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  appli-
 cation  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.
   §  4. 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 two of this act shall be subject to  the  expiration
 and  reversion  of such paragraph pursuant to section 7 of chapter 91 of
 the laws of 2020, as amended, when upon  such  date  the  provisions  of
 section three of this act shall take effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S264

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 11, 2021 - floor Vote

Floor Vote: Jan 11, 2021

Jan 11, 2021 - Elections committee Vote

Elections Committee Vote: Jan 11, 2021

Jan 11, 2021 - Rules committee Vote

Rules Committee Vote: Jan 11, 2021

Co-Sponsors

S264 (ACTIVE) - Details

S264 (ACTIVE) - Summary

S264 (ACTIVE) - Sponsor Memo

S264 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S264

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 11, 2021 - floor Vote

Floor Vote: Jan 11, 2021

Jan 11, 2021 - Elections committee Vote

Elections Committee Vote: Jan 11, 2021

Jan 11, 2021 - Rules committee Vote

Rules Committee Vote: Jan 11, 2021

Co-Sponsors

S264 (ACTIVE) - Details

S264 (ACTIVE) - Summary

S264 (ACTIVE) - Sponsor Memo

S264 (ACTIVE) - Bill Text download pdf

Comments