The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1966
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law,  in  relation  to  prohibiting  ballot
   harvesting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The election law is amended by adding a new  section  8-416
 to read as follows:
   §  8-416.  BALLOT  HARVESTING  PROHIBITED.  1. IT SHALL BE AN UNLAWFUL
 PRACTICE FOR ANY PERSON TO ENGAGE IN BALLOT HARVESTING. FOR PURPOSES  OF
 THIS SECTION, BALLOT HARVESTING SHALL INCLUDE:
   (A) THE MAKING OR SUBMISSION OF AN APPLICATION FOR AN ABSENTEE BALLOT,
 PURSUANT  TO  SECTION 8-400 OF THIS ARTICLE, ON BEHALF OF ANOTHER VOTER,
 UNLESS DONE IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION; AND
   (B)  THE  COLLECTION,  DISTRIBUTION  OR  SUBMISSION  TO  A  BOARD   OF
 ELECTIONS,  OF VOTED OR UNVOTED ABSENTEE BALLOTS, UNLESS DONE IN ACCORD-
 ANCE WITH SUBDIVISION THREE OF THIS SECTION.
   2. A PERSON MAY SUBMIT AN APPLICATION FOR AN ABSENTEE BALLOT ON BEHALF
 OF ANOTHER VOTER, IF THE VOTER HAS SIGNED THE ABSENTEE  BALLOT  APPLICA-
 TION, AND IF:
   (A)  THE  PERSON SUBMITTING SUCH APPLICATION FOR AN ABSENTEE BALLOT ON
 BEHALF OF THE OTHER VOTER, IS A FAMILY MEMBER OF THE OTHER VOTER, WITHIN
 THREE DEGREES OF CONSANGUINITY; OR
   (B) A VOTER HAS EXECUTED A SIGNED,  WRITTEN,  NOTARIZED  CONSENT,  NOT
 MORE  THAN THIRTY DAYS PRIOR TO THE DATE OF THE APPLICATION, AUTHORIZING
 THE PERSON SUBMITTING THE APPLICATION FOR AN ABSENTEE BALLOT TO DO SO ON
 THE VOTER'S BEHALF, AND SUCH PERSON SUBMITTING THE  APPLICATION  FOR  AN
 ABSENTEE  BALLOT  ON  SUCH  OTHER VOTER'S BEHALF ALSO FILES SUCH SIGNED,
 WRITTEN, NOTARIZED CONSENT WITH THE LOCAL BOARD OF ELECTIONS AT THE TIME
 OF SUBMITTING SUCH APPLICATION FOR THE ABSENTEE BALLOT, AND SUCH  PERSON
 SUBMITTING  THE  APPLICATION FOR AN ABSENTEE BALLOT ON THE OTHER VOTER'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03784-01-3

 A. 1966                             2
 
 BEHALF HAS NOT SUBMITTED ANY OTHER ABSENTEE BALLOT APPLICATION ON BEHALF
 OF ANY OTHER VOTER UNDER THIS SUBDIVISION.
   3. A PERSON MAY COLLECT, DISTRIBUTE OR SUBMIT TO A BOARD OF ELECTIONS,
 A  VOTED OR UNVOTED ABSENTEE BALLOT, IF SUCH PERSON COLLECTING, DISTRIB-
 UTING OR SUBMITTING SUCH BALLOT IS:
   (A) A FAMILY MEMBER OF THE VOTER, TO WHOM THE ABSENTEE BALLOT BELONGS,
 WITHIN THREE DEGREES OF CONSANGUINITY; OR
   (B) A CAREGIVER OF THE VOTER, TO WHOM THE ABSENTEE BALLOT BELONGS,  IF
 SUCH  VOTER  HAS  FILED  WITH THE BOARD OF ELECTIONS, A SIGNED, WRITTEN,
 NOTARIZED STATEMENT EXECUTED BY THE VOTER, THAT SUCH PERSON SO  COLLECT-
 ING, DISTRIBUTING AND/OR SUBMITTING THE BALLOT ON THE VOTER'S BEHALF, IS
 IN FACT A CAREGIVER OF THE VOTER, WITH PERMISSION TO COLLECT, DISTRIBUTE
 AND/OR SUBMIT SUCH VOTER'S ABSENTEE BALLOT; OR
   (C)  AN  ELECTION  OFFICIAL EMPLOYED BY THE BOARD OF ELECTIONS, WHO AT
 THE TIME OF THE COLLECTION, DISTRIBUTION OR SUBMISSION OF SUCH  ABSENTEE
 BALLOT, WAS EXCLUSIVELY ENGAGED IN AND PERFORMING THEIR OFFICIAL DUTIES;
 OR
   (D)  A  UNITED  STATES POSTAL SERVICE EMPLOYEE, WHO AT THE TIME OF THE
 COLLECTION, DISTRIBUTION OR SUBMISSION  OF  SUCH  ABSENTEE  BALLOT,  WAS
 EXCLUSIVELY ENGAGED IN AND PERFORMING THEIR OFFICIAL DUTIES; OR
   (E)  A  DELIVERY  COURIER  HIRED  BY  THE  VOTER WHOSE BALLOT IS BEING
 COLLECTED, DISTRIBUTED OR SUBMITTED, WHO AT THE TIME OF THE  COLLECTION,
 DISTRIBUTION  OR  SUBMISSION  OF  SUCH  ABSENTEE BALLOT, WAS EXCLUSIVELY
 ENGAGED IN AND PERFORMING THEIR OFFICIAL DUTIES.
   § 2. The election law is amended by adding a  new  section  17-172  to
 read as follows:
   §  17-172.  BALLOT  HARVESTING. 1. ANY PERSON WHO WILLFULLY ENGAGES IN
 UNLAWFUL BALLOT HARVESTING, PURSUANT TO SECTION 8-416 OF  THIS  CHAPTER,
 SHALL BE GUILTY OF A CLASS D FELONY.
   2.  ANY  PERSON WHO ENGAGES IN UNLAWFUL BALLOT HARVESTING, PURSUANT TO
 SECTION 8-416 OF THIS CHAPTER, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.