Senate Bill S6666

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6666
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  no  longer  permitting
   the  use of electronic absentee voting applications; and providing for
   the repeal of certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 8-408 of the election law is REPEALED.
   § 2. Subdivision 2 of section 8-400 of the election law, as amended by
 chapter  746  of  the laws of 2021, paragraphs (c) and (d) as separately
 amended by chapters 273 and 746 of the laws of 2021, and  paragraph  (e)
 as  added  by section 1 of part HH of chapter 55 of the laws of 2022, is
 amended to read as follows:
   2. A qualified voter desiring to vote at such election as an  absentee
 voter  for  any  reason  specified  in  subdivision one hereof must make
 application for an absentee ballot on a form to be obtained and filed as
 provided herein[,] OR by letter as provided in  paragraph  (d)  of  this
 subdivision[,  or  through  the  electronic  absentee ballot application
 transmittal system pursuant to section 8-408 of this title].
   (a) Application forms shall be furnished by and may be  obtained  from
 any  board of elections at any time until the day before such election[,
 or on the electronic absentee ballot  application  transmittal  system].
 Application  forms  shall also be supplied by the board of inspectors of
 the election district in which applicant is a qualified voter on all  of
 the days provided for local registration. In addition, application forms
 shall  be  supplied  upon  the  request of the person authorized to vote
 pursuant to this section, any such person's spouse, parent or  child,  a
 person  residing with the applicant as a member of his household, or the
 applicant's duly authorized agent. Application forms sent outside of the
 United States to a country other than Canada or Mexico,  shall  be  sent
 airmail.  Any  reference  to  "board  of  elections"  in  the  remaining
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10848-01-3
              

 S. 6666                             2
 
 provisions of this section, except with respect to  the  furnishing  and
 obtaining  of applications for absentee ballots, means only the board of
 elections of the county or city in which the applicant  is  a  qualified
 voter.
   (b)  Applications  may  be filed with the board of elections[, through
 the electronic absentee ballot application  transmittal  system]  or  in
 person  with  the  board of inspectors of the election district in which
 the applicant is a qualified voter on one of the days provided for local
 registration.
   (c) All applications [requesting an absentee ballot by mail or through
 the electronic absentee ballot application transmittal system]  must  be
 [received  by]  MAILED  TO  the  board  of  elections not later than the
 fifteenth  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] OR DELIVERED TO such board not later than the
 day before such election.
   (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, [or an electronic
 application submitted by  the  voter  through  the  electronic  absentee
 ballot  application transmittal system established by the state board of
 elections,] which is signed by the voter and received by  the  board  of
 elections not later than the 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  chap-
 ter; 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 appli-
 cant is registered with such board of elections.
   (e)  When  mailing an absentee ballot application to a voter the board
 of elections shall provide a domestic postage paid return envelope. When
 providing an absentee ballot application to a voter in-person, the board
 of elections shall offer the voter a domestic postage paid return envel-
 ope and provide one if requested.
   § 3. This act shall take effect immediately.