Assembly Bill A5280

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5280
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to authorizing  the  elec-
   tronic submission of absentee ballots
 
   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.   ABSENTEE   VOTERS;   SUBMISSION  OF  ELECTRONIC  ABSENTEE
 BALLOTS. 1. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN
 ELECTRONIC ABSENTEE BALLOT SUBMISSION SYSTEM  THROUGH  WHICH  APPLICANTS
 MAY  RETURN  A  MARKED  ABSENTEE BALLOT ELECTRONICALLY OR VIA ELECTRONIC
 MAIL. THE STATE BOARD OF ELECTIONS SHALL DELIVER SUCH MARKED BALLOTS  TO
 THE APPLICABLE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK
 FOR  FILING,  PROCESSING AND VERIFICATION CONSISTENT WITH THE PROVISIONS
 OF THIS CHAPTER. IN ACCORDANCE WITH TECHNICAL SPECIFICATIONS PROVIDED BY
 THE STATE BOARD OF ELECTIONS, EACH BOARD OF ELECTIONS SHALL  MAINTAIN  A
 SYSTEM CAPABLE OF RECEIVING AND PROCESSING MARKED ABSENTEE BALLOT INFOR-
 MATION,  INCLUDING  DIGITAL  SIGNATURES  AND  TYPED SIGNATURES, FROM THE
 ELECTRONIC ABSENTEE BALLOT APPLICATION TRANSMITTAL SYSTEM ESTABLISHED BY
 THE STATE BOARD OF ELECTIONS PURSUANT TO SECTION 8-408  OF  THIS  TITLE.
 NOTWITHSTANDING  ANY  OTHER  INCONSISTENT  PROVISION  OF  THIS  CHAPTER,
 BALLOTS FILED USING SUCH SYSTEM  SHALL  BE  CONSIDERED  FILED  WITH  THE
 APPLICABLE  BOARD  OF ELECTIONS ON THE CALENDAR DATE SUCH APPLICATION OR
 BALLOT IS INITIALLY TRANSMITTED BY  THE  VOTER  THROUGH  THE  ELECTRONIC
 ABSENTEE BALLOT TRANSMITTAL SYSTEM.
   2.  SUBMISSION  OF  A  MARKED ELECTRONIC ABSENTEE BALLOT SHALL ONLY BE
 AVAILABLE FOR PERSONS RESIDING IN A COUNTRY OTHER THAN THE UNITED STATES
 WHILE MAINTAINING ELIGIBILITY TO VOTE IN ELECTIONS IN NEW YORK, MILITARY
 VOTERS AS DEFINED IN SECTION 10-102 OF THIS CHAPTER, OR FOR PERSONS  WHO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07568-02-3
 A. 5280                             2
              

 
 NEED ACCOMMODATION BY REASON OF DISABILITY WHO ARE UNABLE  TO  INDEPEND-
 ENTLY MARK A PAPER BALLOT.
   §  2.  Section 8-410 of the election law, as amended by chapter 228 of
 the laws of 2022, is amended to read as follows:
   § 8-410. Absentee voting; method of. 1. MARKING  OF  THE  BALLOT.  The
 absentee  voter  shall  mark  an  absentee  ballot as provided for paper
 ballots or ballots prepared for counting by  ballot  counting  machines.
 [He or she] SUCH VOTER shall make no mark or writing whatsoever upon the
 ballot,  except as above prescribed, and shall see that it bears no such
 mark or writing. [He or she] SUCH VOTER shall make no  mark  or  writing
 whatsoever  on  the  outside  of  the ballot. In cases where the express
 intent of the voter is unambiguous, any stray marks or writing shall not
 be a basis for voiding a ballot.
   2. SUBMISSION OF THE BALLOT; BY MAIL.  After  marking  the  ballot  or
 ballots  [he  or  she] THE VOTER shall fold each such ballot and enclose
 them in the envelope and seal the envelope. [He or she] THE VOTER  shall
 then  take  and subscribe the oath on the envelope, with blanks properly
 filled in. The envelope, containing the ballot or ballots, shall then be
 mailed or delivered to the board of elections of the county or  city  of
 [his  or her] THE VOTER'S residence IN ACCORDANCE WITH SUBDIVISION THREE
 OF THIS SECTION.
   3. SUBMISSION OF THE BALLOT; BY  ELECTRONIC  TRANSMISSION.  THE  VOTER
 SHALL  THEN TAKE AND SUBSCRIBE THE OATH, WITH BLANKS PROPERLY FILLED IN.
 SUCH VOTER SHALL THEN RETURN THE BALLOT OR BALLOTS VIA  ELECTRONIC  MAIL
 OR  ELECTRONICALLY  TO THE STATE BOARD OF ELECTIONS USING THE ELECTRONIC
 ABSENTEE BALLOT SUBMISSION SYSTEM ESTABLISHED PURSUANT TO SECTION  8-416
 OF THIS TITLE.
   §  3.  Paragraphs (c) and (d) of subdivision 2 of section 8-408 of the
 election law, as added by chapter 746 of the laws of 2021,  are  amended
 to read as follows:
   (c)  The  online  absentee  ballot  application AND SUBMISSION process
 shall provide reasonable accommodations  to  improve  accessibility  for
 persons  with disabilities and shall be compatible for use with standard
 online accessibility assistance tools for persons with visual,  physical
 or  perceptive  disabilities,  AND  MEET  THE REQUIREMENTS OF THE LATEST
 VERSION OF THE WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG) LEVEL AA.
   (d) The state board of elections  shall  promulgate  rules  and  regu-
 lations for the creation and administration of an online absentee ballot
 registration  system  pursuant  to  this  section AND FOR THE ELECTRONIC
 SUBMISSION OF SUCH ABSENTEE BALLOT PURSUANT TO  SECTION  8-416  OF  THIS
 TITLE.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.