S T A T E O F N E W Y O R K
________________________________________________________________________
7689--A
2025-2026 Regular Sessions
I N S E N A T E
April 29, 2025
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections -- 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.
LBD11782-05-5
S. 7689--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
S. 7689--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
S. 7689--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.
S. 7689--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.
