Assembly Bill A9085

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9085
 
                           I N  A S S E M B L Y
 
                             February 6, 2024
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT to amend the election law, in relation to authorizing electronic
   absentee ballot applications and absentee ballot submissions
 
   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 481 of the laws of 2023, is  amended
 to read as follows:
   (c) All applications requesting an absentee ballot BE DELIVERED TO THE
 VOTER  OR  AN  AGENT  by  mail or through the electronic absentee ballot
 application  transmittal  system  must  be  received  by  the  board  of
 elections  not  later than the tenth day before the election for which a
 ballot is first requested. 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.  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 FROM PERSONS RESIDING IN
 A COUNTRY OTHER THAN THE UNITED STATES WHILE MAINTAINING ELIGIBILITY  TO
 VOTE  IN  ELECTIONS IN NEW YORK: (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 APPLI-
 CATION  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  ELECTRONIC  MAIL  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 ELECTRON-
 IC MEANS SHALL BE AN ORIGINAL APPLICATION WITHOUT NECESSITY FOR A SUBSE-
 QUENT  CONFORMING  PAPER  SUBMISSION  AND  SHALL  BE  DEEMED  FILED WHEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00813-03-4
 A. 9085                             2

 RECEIVED BY THE BOARD OF ELECTIONS, EXCEPT  IF  RECEIVED  BY  ELECTRONIC
 MEANS AFTER BUSINESS HOURS OR EXTENDED HOURS AS DESIGNATED BY THIS CHAP-
 TER,  SUCH  APPLICATION  SHALL  BE DEEMED RECEIVED AS OF THE NEXT DAY ON
 WHICH  THE BOARD IS OPEN TO RECEIVE ABSENTEE BALLOT APPLICATIONS.  NOTH-
 ING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE APPLICATION OF THE
 ELECTRONIC SIGNATURE PROVISIONS OF THE STATE TECHNOLOGY LAW WITH RESPECT
 TO APPLICATIONS FOR AN ABSENTEE 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 shall make no mark or writing whatsoever upon the ballot, except
 as above prescribed, and shall see that it bears no such mark  or  writ-
 ing.  He  or she shall make no mark or writing whatsoever on the outside
 of the ballot. In cases where the express intent of the voter  is  unam-
 biguous,  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 shall fold each such ballot and enclose them in the
 envelope and seal the envelope. He or she 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 residence.
   3.  SUBMISSION OF THE BALLOT; BY ELECTRONIC MAIL. HE OR SHE SHALL THEN
 TAKE AND SUBSCRIBE THE OATH IN THE ELECTRONIC MAIL, WITH BLANKS PROPERLY
 FILLED IN. HE OR SHE SHALL THEN RETURN THE BALLOT OR BALLOTS  VIA  ELEC-
 TRONIC  MAIL TO THE STATE BOARD OF ELECTIONS USING THE ELECTRONIC ABSEN-
 TEE BALLOT TRANSMITTAL SYSTEM.
   § 3. Section 11-203 of the election law, as added by  chapter  104  of
 the laws of 2010, is amended to read as follows:
   § 11-203. Special federal voters; designation of means of transmission
 by  special federal voters. [1.] A special federal voter may designate a
 preference to receive a voter registration application, a special feder-
 al ballot application or a special federal  ballot  by  mail,  facsimile
 transmission or electronic mail. Such designation shall remain in effect
 until  revoked  or  changed  by  the special federal voter. If a special
 federal voter does not designate a preference, the  board  of  elections
 shall  transmit  the  voter  registration  application,  special federal
 ballot application or special federal  ballot  by  mail.  If  a  special
 federal  voter  designates  a  preference  for facsimile transmission or
 electronic mail but does not provide the necessary facsimile  number  or
 e-mail  address,  the board of elections shall transmit the voter regis-
 tration application,  special  federal  ballot  application  or  special
 federal ballot by mail and request the omitted information. All communi-
 cations  to  the special federal voter shall include the mailing address
 of the board of elections.
   [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.]
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.