S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8257--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced  by  M.  of  A.  R. CARROLL  -- read once and referred to the
   Committee on Election  Law  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the election law and the education law, in relation to
   overseas military voters and special federal voters

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  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:
   (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 EMAIL, 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 tenth 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  applica-
 tion  in  a letter as provided in subdivision three of section 10-106 of
 this chapter; and provided further, a special federal voter may  request
 a  special federal ballot or voter registration application or an absen-
 tee ballot application in a letter as provided in paragraph d of  subdi-
 vision  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 applicant is registered with such board of elections].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11782-06-5
 A. 8257--A                          2
              

 
   § 2. Subdivision 2 of section 8-408 of the election law is amended  by
 adding a new paragraph (e) to read as follows:
   (E)  MILITARY VOTERS AND SPECIAL FEDERAL VOTERS SHALL BE ABLE TO APPLY
 FOR MILITARY AND SPECIAL FEDERAL BALLOTS USING THE  ELECTRONIC  ABSENTEE
 BALLOT  APPLICATION  TRANSMITTAL  SYSTEM  OR ANY OTHER ELECTRONIC MEANS,
 INCLUDING EMAIL OR FAX. THE STATE BOARD OF ELECTIONS  SHALL  ENSURE  THE
 ELECTRONIC ABSENTEE BALLOT APPLICATION TRANSMITTAL SYSTEM SHALL BE CAPA-
 BLE  OF  CAPTURING  SUCH  ADDITIONAL  INFORMATION AS MAY BE NECESSARY TO
 DETERMINE A VOTER'S ELIGIBILITY, PURSUANT TO ARTICLE TEN AND  TITLE  TWO
 OF  ARTICLE ELEVEN OF THIS CHAPTER, AND SUCH OTHER INFORMATION AS MAY BE
 NEEDED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  ANY
 APPLICATION  SUBMITTED  BY ELECTRONIC PORTAL, EMAIL OR FAX, IF OTHERWISE
 VALID, SHALL NOT REQUIRE A  SUBSEQUENT  OR  REDUNDANT  ADDITIONAL  PAPER
 VERSION  OF  SUCH  REGISTRATION  OR  APPLICATION TO BE ALSO SUBMITTED IN
 ORDER TO BE FULLY EFFECTIVE AND VALID.
   § 3. Section 10-104 of the election law is amended to read as follows:
   § 10-104. Military voters; right to vote. A  military  voter  of  this
 state shall be entitled to vote as fully as if [he] THEY were present at
 [his] THEIR polling place and to register and vote in the manner herein-
 after  provided [except that the provisions of this article for absentee
 voting in primary elections shall not apply to the  party  positions  of
 members of the ward, town, city or county committee].
   §  4. Subdivisions 1, 4, and 11 of section 10-106 of the election law,
 subdivision 1 as amended by chapter 434 of the laws of 1984 and subdivi-
 sions 4 and 11 as amended by chapter  104  of  the  laws  of  2010,  are
 amended to read as follows:
   1. On or before the [thirty-fifth] TENTH day preceding an election the
 names  and  addresses of all military voters who have filed applications
 for military ballots by such day and who  were  not  already  registered
 shall  be  registered by the board of elections in the election district
 of residence of such military  voter  as  hereinafter  provided.    SUCH
 REGISTRATION  AND  APPLICATION  FOR  A MILITARY BALLOT SHALL BE FILED IN
 PERSON, OR BY MAIL, OR BY ELECTRONIC PORTAL, OR BY  EMAIL,  OR  BY  FAX.
 NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ANY REGIS-
 TRATION OR APPLICATION SUBMITTED BY  ELECTRONIC  PORTAL,  EMAIL  OR  FAX
 SHALL  NOT REQUIRE A SUBSEQUENT OR REDUNDANT ADDITIONAL PAPER VERSION OF
 SUCH REGISTRATION OR APPLICATION TO BE ALSO SUBMITTED  IN  ORDER  TO  BE
 FULLY EFFECTIVE AND VALID.
   4.  Not earlier than the ninetieth or later than the seventy-fifth day
 before each general OR PRIMARY election, each county or  city  board  of
 elections  shall send, in accordance with the preferred method of trans-
 mission designated by the voter pursuant to section 10-107 of this arti-
 cle, to each person who is registered as a military voter and  to  every
 other  military  voter in such county or city for whom it has a military
 address, an application for a military ballot for such general  election
 in  a  form  prescribed  by  the  state  board of elections, which shall
 include a place for such military voter to enroll in a party, and  shall
 include the return address of such board of elections.
   11.  A  board  of  elections  may send to any spouse, parent, or adult
 child, brother or sister of a military voter serving inside  or  outside
 of  the  continental  limits  of the United States, an application for a
 military ballot, in a form prescribed by the state board  of  elections.
 Such  application  shall  be  on a postcard addressed to the appropriate
 board of elections and shall include the statement  "I  understand  that
 this  application will be accepted for all purposes as the equivalent of
 an affidavit and, if it  contains  a  material  false  statement,  shall
 A. 8257--A                          3
 
 subject  me  to  the  same  penalties as if I had been duly sworn". Such
 application may be signed by the spouse, parent or adult child,  brother
 or  sister  of  such military voter. Upon receipt of such an application
 from  such  a relative of a military voter, the board of elections shall
 mail a military ballot to such military voter [together with an applica-
 tion for a military ballot and instructions that such  application  must
 be  completed  and  returned  together  with the envelope containing the
 military ballot. No ballot sent to a military voter upon the application
 of a relative of such military voter shall be cast or canvassed unless a
 completed application for military ballot signed by such military  voter
 is  returned  within  the  time  limits  for the receipt of the military
 ballot itself].
   § 5. Subdivision 2 of section 10-107 of the election law, as added  by
 chapter 104 of the laws of 2010, is amended to read as follows:
   2.  Irrespective of the preferred method of transmission designated by
 a military voter, a military voter's original completed [voter registra-
 tion application, military ballot application and] military ballot  must
 be  returned by mail or in person [notwithstanding that a prior copy was
 sent to the board of elections by facsimile transmission  or  electronic
 mail].  A  COMPLETED  MILITARY  BALLOT APPLICATION SUBMITTED THROUGH THE
 ELECTRONIC ABSENTEE BALLOT APPLICATION  TRANSMITTAL  SYSTEM  ESTABLISHED
 UNDER  SECTION  8-408  OF THIS CHAPTER OR BY EMAIL OR BY FAX SHALL BE AN
 ORIGINAL APPLICATION AND NO CONFORMING PAPER SUBMISSION,  INCLUDING  BUT
 NOT  LIMITED  TO A FEDERAL POST CARD APPLICATION FORM, SHALL BE REQUIRED
 TO BE SUBMITTED TO EITHER THE STATE BOARD OF  ELECTIONS  OR  ANY  COUNTY
 BOARD OF ELECTIONS.
   §  6. Paragraph (a) of subdivision 1 of section 10-108 of the election
 law, as amended by chapter 164 of the laws of 2022, is amended  to  read
 as follows:
   (a)  Ballots for military voters shall be mailed or otherwise distrib-
 uted by the board of elections, in accordance with the preferred  method
 of  transmission  designated  by the voter pursuant to section 10-107 of
 this article, as soon as practicable but in any  event  not  later  than
 forty-six  days  before  a primary or general election; twenty-five days
 before a New York city  community  school  board  district  or  city  of
 Buffalo  school  district  election;  fourteen  days  before  a  village
 election conducted by the board of elections; forty-five days  before  a
 special  election;  and twenty-three days before a special election held
 pursuant to paragraph b of subdivision three of section forty-two of the
 public officers law. A voter who submits a military  ballot  application
 shall  be  entitled  to a military ballot thereafter for each subsequent
 election through and including the next two regularly scheduled  general
 elections  held in even numbered years, including any run-offs which may
 occur; provided, however, such application shall not be  valid  for  any
 election held within seven days after its receipt. Ballots shall also be
 mailed to any qualified military voter who is already registered and who
 requests  such military ballot from such board of elections in a letter,
 which is signed by the voter and received by the board of elections  not
 later  than  the seventh day before the election for which the ballot is
 requested and which states the address where the voter is registered and
 the address to which the ballot is to be mailed. [The board of elections
 shall enclose with such  ballot  a  form  of  application  for  military
 ballot.] In the case of a primary election, the board shall deliver only
 the  ballot  of  the  party  with  which  the military voter is enrolled
 according to the military voter's registration records. In the  event  a
 primary  election  is  uncontested  in  the  military  voter's  election
 A. 8257--A                          4
 
 district for all offices or positions  [except  the  party  position  of
 member  of the ward, town, city or county committee], no ballot shall be
 delivered to such military voter for such  election;  and  the  military
 voter  shall  be  advised  of  the  reason why [he or she] THEY will not
 receive a ballot.
   § 7. Paragraphs a and b of subdivision 1  of  section  11-202  of  the
 election  law, paragraph a as amended by chapter 113 of the laws of 2023
 and paragraph b as amended by chapter 262  of  the  laws  of  2003,  are
 amended to read as follows:
   a.  A  person,  who, pursuant to this title, is qualified to vote as a
 special federal voter may, by application received by the state board of
 elections or any local board of elections on or  before  the  tenth  day
 next  preceding  any  election in which such person would be entitled to
 vote [or the last day of local registration for such election, whichever
 is later,] apply to the board of elections of the county in  which  they
 resided  [in  person or by personal application by mail for registration
 and enrollment as a special  federal  voter].    SUCH  REGISTRATION  AND
 APPLICATION FOR A SPECIAL FEDERAL BALLOT SHALL BE FILED IN PERSON, OR BY
 MAIL,  OR BY ELECTRONIC PORTAL, OR BY EMAIL, OR BY FAX.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY REGISTRATION OR APPLICA-
 TION SUBMITTED BY ELECTRONIC PORTAL, EMAIL OR FAX SHALL  NOT  REQUIRE  A
 SUBSEQUENT OR REDUNDANT ADDITIONAL PAPER VERSION OF SUCH REGISTRATION OR
 APPLICATION  TO  BE  ALSO  SUBMITTED  IN ORDER TO BE FULLY EFFECTIVE AND
 VALID. An application for registration and enrollment pursuant  to  this
 article  shall be treated as an application for a special federal ballot
 for every election in which the applicant  would  be  eligible  to  vote
 which  is  held  through  and including the next two regularly scheduled
 general elections held in even numbered years,  including  any  run-offs
 which may occur.
   b. A  person who, pursuant to the provisions of this title, is already
 registered as a special federal voter, may, by application  received  by
 the  state  board of elections or any local board of elections, apply to
 the board of elections of the county in which [he is] THEY ARE so regis-
 tered [in person or by mail] BY ANY MEANS PROVIDED FOR BY  THIS  CHAPTER
 for  a  special federal ballot. Such an application shall entitle such a
 voter to receive a ballot for every election  in  which  such  voter  is
 entitled  to vote which is held through and including the next two regu-
 larly scheduled general elections held in even numbered years, including
 any run-offs which may occur, provided, however, such application  shall
 not  apply  to  any  election  held  on  or before the seventh day after
 receipt of such application.
   § 8. Subdivision 2 of section 11-203 of the election law, as added  by
 chapter 104 of the laws of 2010, is amended to read as follows:
   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]. A COMPLETED SPECIAL FEDERAL VOTER
 BALLOT APPLICATION SUBMITTED  THROUGH  THE  ELECTRONIC  ABSENTEE  BALLOT
 APPLICATION  TRANSMITTAL  SYSTEM ESTABLISHED UNDER SECTION 8-408 OF THIS
 CHAPTER OR BY EMAIL OR BY FAX SHALL BE AN ORIGINAL  APPLICATION  AND  NO
 CONFORMING  PAPER  SUBMISSION,  INCLUDING  BUT  NOT LIMITED TO A FEDERAL
 POSTCARD APPLICATION FORM, SHALL BE REQUIRED TO BE SUBMITTED  TO  EITHER
 THE STATE BOARD OF ELECTIONS OR ANY COUNTY BOARD OF ELECTIONS.
 A. 8257--A                          5
 
   §  9.  Subdivision 1 of section 11-210 of the election law, as amended
 by chapter 262 of the laws of 2003, is amended to read as follows:
   1.  Not earlier than [sixty] NINETY or later than [forty] SEVENTY-FIVE
 days before each general or primary election in  which  special  federal
 voters  are  eligible to vote, the board of elections shall mail to each
 voter who is eligible to vote in such election and  who  was  registered
 pursuant  to  this  title for the previous election at which such voters
 were eligible to vote, the application  for  a  special  federal  ballot
 provided  for  by this title[; provided, however, the board of elections
 shall not send such an application to any person who has applied  for  a
 ballot and who is entitled to receive a ballot for such election].
   §  10.  Section  305  of  the education law is amended by adding a new
 subdivision 63 to read as follows:
   63. THE COMMISSIONER SHALL REQUIRE INSTITUTIONS OF HIGHER EDUCATION TO
 PROVIDE ALL ENROLLED STUDENTS WHICH  ARE  PARTICIPATING  IN  CLASSES  OR
 EDUCATIONAL  EXPERIENCES  WHILE  IN  ANOTHER COUNTRY DURING A PRIMARY OR
 GENERAL ELECTION WITH AN ELECTRONIC FORM FOR A FEDERAL POSTCARD APPLICA-
 TION OR A LINK TO SUCH A FORM OR APPLICATION WITH CLEAR DIRECTION ON HOW
 TO VOTE FROM ANOTHER COUNTRY AT LEAST ONE WEEK PRIOR  TO  THE  START  OF
 SUCH CLASSES OR EDUCATIONAL EXPERIENCES IN ANOTHER COUNTRY.
   §  11.  This act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.