Senate Bill S5570

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5570
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2025
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  electronic
   absentee ballot applications
 
   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 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: (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 APPLICATION  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 EMAIL 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 ELECTRONIC MEANS SHALL BE AN ORIGINAL APPLICATION
 WITHOUT NECESSITY FOR A SUBSEQUENT CONFORMING PAPER SUBMISSION AND SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10237-01-5
              

 S. 5570                             2
 
 BE DEEMED FILED WHEN RECEIVED BY  THE  BOARD  OF  ELECTIONS,  EXCEPT  IF
 RECEIVED  BY  ELECTRONIC MEANS AFTER BUSINESS HOURS OR EXTENDED HOURS AS
 DESIGNATED BY THIS CHAPTER, SUCH APPLICATION SHALL BE DEEMED RECEIVED AS
 OF  THE  NEXT  DAY ON WHICH THE BOARD IS OPEN TO RECEIVE ABSENTEE BALLOT
 APPLICATIONS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT  THE
 APPLICATION OF THE ELECTRONIC SIGNATURE PROVISIONS OF THE STATE TECHNOL-
 OGY LAW WITH RESPECT TO APPLICATIONS FOR AN ABSENTEE BALLOT.
   §  2. 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  BY  FACSIMILE
 TRANSMISSION  OR  ELECTRONIC MAIL OR THROUGH AN ELECTRONIC FILING SYSTEM
 ESTABLISHED BY THE STATE BOARD OF ELECTIONS SHALL BE AN ORIGINAL  APPLI-
 CATION AND NO CONFORMING PAPER SUBMISSION SHALL BE REQUIRED.
   §  3. 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 BALLOT
 APPLICATION SUBMITTED BY FACSIMILE TRANSMISSION OR  ELECTRONIC  MAIL  OR
 THROUGH  AN  ELECTRONIC  FILING SYSTEM ESTABLISHED BY THE STATE BOARD OF
 ELECTIONS SHALL BE AN  ORIGINAL  APPLICATION  AND  NO  CONFORMING  PAPER
 SUBMISSION SHALL BE REQUIRED.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.