NY State Senate Bill 2023-S5729

Current Bill Status - In Senate Committee Elections Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Mar 15, 2023	referred to elections

2023-S5729 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §8-416, amd §§8-410 & 8-408, El L

2023-S5729 (ACTIVE) - Summary

Authorizes electronic submission of absentee ballots.

2023-S5729 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5729

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the election law, in relation to authorizing the elec-
tronic submission of absentee ballots

 
SUMMARY OF PROVISIONS:

Section 1 amends the election law by adding a new section 8-416 to
direct the state board of elections to establish and maintain an elec-
tronic absentee ballot submission system available for persons residing
in a country other than the United States while maintaining eligibility
to vote in elections in New York, military voters, and people with disa-
bilities.

Section 1 amends section 8-410 of the election law by amending chapter
228 to allow absentee voters to return ballots using the electronic
absentee ballot submission system.

Section 3 amends paragraphs (c) and (d) of subdivision 2 of section
8-408 to require the absentee ballot application and submission process

adhere to Web Content Accessibility Guidelines.

Section 4 sets the effective date.

 
JUSTIFICATION:

Though the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
guarantees the right of military and overseas citizens to register and
vote by absentee ballot in federal elections, and the Americans with
Disabilities Act (ADA) requires that citizens with disabilities have
equal access to voting independently and privately, both military
members and people with disabilities often face difficulties in exercis-
ing their right to vote by secret ballot.

Military members who cast their electronic vote by email relinquish
their right to a secret ballot because their e-ballots are copied onto
paper ballots by election officials. Additionally, people with disabili-
ties may require ADA compliant polling places, though according to the
Government Accountability Office, almost two-thirds of inspected
election day polling places in 2016 had at least one impediment to
people with disabilities.

Election law allows military members overseas to submit electronic
ballots via email, and allows people with disabilities to file voting
applications online. These provisions do not go far enough in protecting
the right to privacy for military members and people with disabilities
who choose to vote. The New York State Board of Elections should estab-
lish and maintain an electronic absentee ballot submission system which
will allow people who face barriers to voting to retain their right to
vote by secret ballot.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
To be determined.

 
EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have
become a law.

2023-S5729 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5729
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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,  OR  FOR
 PERSONS    WHO NEED ACCOMMODATION BY REASON OF DISABILITY WHO ARE UNABLE
 TO INDEPENDENTLY MARK A PAPER BALLOT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07568-01-3

 S. 5729                             2
 
   § 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.
   (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.

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Senate Bill S5729

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

2023-S5729 (ACTIVE) - Details

2023-S5729 (ACTIVE) - Summary

2023-S5729 (ACTIVE) - Sponsor Memo

2023-S5729 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5729

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Elections Committee

2023-S5729 (ACTIVE) - Details

2023-S5729 (ACTIVE) - Summary

2023-S5729 (ACTIVE) - Sponsor Memo

2023-S5729 (ACTIVE) - Bill Text download pdf

Comments