Assembly Bill A10081

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10081
 
                           I N  A S S E M B L Y
 
                             January 30, 2026
                                ___________
 
 Introduced by M. of A. WRIGHT -- read once and referred to the Committee
   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 8-418
 to read as follows:
   §  8-418.  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
 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  109  of
 the laws of 2025, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13465-01-5
 A. 10081                            2
 
   §  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.
 Such absentee 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. Such absentee voter shall make no mark or writing what-
 soever 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 such absentee voter shall fold each such ballot and enclose them
 in  the  envelope  and seal the envelope. Such absentee 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  such
 absentee voter's residence or deposited in a ballot drop box established
 by the board of elections of the county or city of the voter's residence
 IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
   3.  SUBMISSION OF THE BALLOT; BY ELECTRONIC TRANSMISSION. THE ABSENTEE
 VOTER SHALL THEN TAKE AND  SUBSCRIBE  THE  OATH,  WITH  BLANKS  PROPERLY
 FILLED  IN.  SUCH ABSENTEE 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 8-418 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.