STATE OF NEW YORK ________________________________________________________________________ 5280 2023-2024 Regular Sessions IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee 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: 1 Section 1. The election law is amended by adding a new section 8-416 2 to read as follows: 3 § 8-416. Absentee voters; submission of electronic absentee 4 ballots. 1. The state board of elections shall establish and maintain an 5 electronic absentee ballot submission system through which applicants 6 may return a marked absentee ballot electronically or via electronic 7 mail. The state board of elections shall deliver such marked ballots to 8 the applicable board of elections of each county or the city of New York 9 for filing, processing and verification consistent with the provisions 10 of this chapter. In accordance with technical specifications provided by 11 the state board of elections, each board of elections shall maintain a 12 system capable of receiving and processing marked absentee ballot infor- 13 mation, including digital signatures and typed signatures, from the 14 electronic absentee ballot application transmittal system established by 15 the state board of elections pursuant to section 8-408 of this title. 16 Notwithstanding any other inconsistent provision of this chapter, 17 ballots filed using such system shall be considered filed with the 18 applicable board of elections on the calendar date such application or 19 ballot is initially transmitted by the voter through the electronic 20 absentee ballot transmittal system. 21 2. Submission of a marked electronic absentee ballot shall only be 22 available for persons residing in a country other than the United States 23 while maintaining eligibility to vote in elections in New York, military 24 voters as defined in section 10-102 of this chapter, or for persons who EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07568-02-3
A. 5280 2 1 need accommodation by reason of disability who are unable to independ- 2 ently mark a paper ballot. 3 § 2. Section 8-410 of the election law, as amended by chapter 228 of 4 the laws of 2022, is amended to read as follows: 5 § 8-410. Absentee voting; method of. 1. Marking of the ballot. The 6 absentee voter shall mark an absentee ballot as provided for paper 7 ballots or ballots prepared for counting by ballot counting machines. 8 [He or she] Such voter shall make no mark or writing whatsoever upon the 9 ballot, except as above prescribed, and shall see that it bears no such 10 mark or writing. [He or she] Such voter shall make no mark or writing 11 whatsoever on the outside of the ballot. In cases where the express 12 intent of the voter is unambiguous, any stray marks or writing shall not 13 be a basis for voiding a ballot. 14 2. Submission of the ballot; by mail. After marking the ballot or 15 ballots [he or she] the voter shall fold each such ballot and enclose 16 them in the envelope and seal the envelope. [He or she] The voter shall 17 then take and subscribe the oath on the envelope, with blanks properly 18 filled in. The envelope, containing the ballot or ballots, shall then be 19 mailed or delivered to the board of elections of the county or city of 20 [his or her] the voter's residence in accordance with subdivision three 21 of this section. 22 3. Submission of the ballot; by electronic transmission. The voter 23 shall then take and subscribe the oath, with blanks properly filled in. 24 Such voter shall then return the ballot or ballots via electronic mail 25 or electronically to the state board of elections using the electronic 26 absentee ballot submission system established pursuant to section 8-416 27 of this title. 28 § 3. Paragraphs (c) and (d) of subdivision 2 of section 8-408 of the 29 election law, as added by chapter 746 of the laws of 2021, are amended 30 to read as follows: 31 (c) The online absentee ballot application and submission process 32 shall provide reasonable accommodations to improve accessibility for 33 persons with disabilities and shall be compatible for use with standard 34 online accessibility assistance tools for persons with visual, physical 35 or perceptive disabilities, and meet the requirements of the latest 36 version of the Web Content Accessibility Guidelines (WCAG) Level AA. 37 (d) The state board of elections shall promulgate rules and regu- 38 lations for the creation and administration of an online absentee ballot 39 registration system pursuant to this section and for the electronic 40 submission of such absentee ballot pursuant to section 8-416 of this 41 title. 42 § 4. This act shall take effect on the first of January next succeed- 43 ing the date on which it shall have become a law. Effective immediately, 44 the addition, amendment and/or repeal of any rule or regulation neces- 45 sary for the implementation of this act on its effective date are 46 authorized to be made and completed on or before such effective date.