STATE OF NEW YORK ________________________________________________________________________ 9085 IN ASSEMBLY February 6, 2024 ___________ Introduced by M. of A. SILLITTI -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law, in relation to authorizing electronic absentee ballot applications and absentee ballot submissions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 2 of section 8-400 of the 2 election law, as amended by chapter 481 of the laws of 2023, is amended 3 to read as follows: 4 (c) All applications requesting an absentee ballot be delivered to the 5 voter or an agent by mail or through the electronic absentee ballot 6 application transmittal system must be received by the board of 7 elections not later than the tenth day before the election for which a 8 ballot is first requested. Applications for an absentee ballot that will 9 be delivered in person at the board of elections to the voter or to an 10 agent of the voter must be received by such board not later than the day 11 before such election. In addition to postal or personal delivery of the 12 application to the board of elections, the board of elections shall 13 accept delivery of absentee ballot applications from persons residing in 14 a country other than the United States while maintaining eligibility to 15 vote in elections in New York: (i) by telephone facsimile transmission 16 to a phone number which shall be designated by the board of elections; 17 (ii) as an attachment to an electronic mail transmission sent to an 18 electronic mail address which shall be designated by the board of 19 elections; and (iii) through an online electronic absentee ballot appli- 20 cation filing system which shall be established by the state board of 21 elections and which shall transmit each application to the appropriate 22 board of elections for processing. The website for each board of 23 elections shall advertise the electronic mail address and telephone 24 facsimile number required by this section and shall provide a link to 25 the online electronic filing system established pursuant to this 26 section. An application delivered to the board of elections by electron- 27 ic means shall be an original application without necessity for a subse- 28 quent conforming paper submission and shall be deemed filed when EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00813-03-4
A. 9085 2 1 received by the board of elections, except if received by electronic 2 means after business hours or extended hours as designated by this chap- 3 ter, such application shall be deemed received as of the next day on 4 which the board is open to receive absentee ballot applications. Noth- 5 ing in this section shall be construed to prevent the application of the 6 electronic signature provisions of the state technology law with respect 7 to applications for an absentee ballot. 8 § 2. Section 8-410 of the election law, as amended by chapter 228 of 9 the laws of 2022, is amended to read as follows: 10 § 8-410. Absentee voting; method of. 1. Marking of the ballot. The 11 absentee voter shall mark an absentee ballot as provided for paper 12 ballots or ballots prepared for counting by ballot counting machines. He 13 or she shall make no mark or writing whatsoever upon the ballot, except 14 as above prescribed, and shall see that it bears no such mark or writ- 15 ing. He or she shall make no mark or writing whatsoever on the outside 16 of the ballot. In cases where the express intent of the voter is unam- 17 biguous, any stray marks or writing shall not be a basis for voiding a 18 ballot. 19 2. Submission of the ballot; by mail. After marking the ballot or 20 ballots he or she shall fold each such ballot and enclose them in the 21 envelope and seal the envelope. He or she shall then take and subscribe 22 the oath on the envelope, with blanks properly filled in. The envelope, 23 containing the ballot or ballots, shall then be mailed or delivered to 24 the board of elections of the county or city of his or her residence. 25 3. Submission of the ballot; by electronic mail. He or she shall then 26 take and subscribe the oath in the electronic mail, with blanks properly 27 filled in. He or she shall then return the ballot or ballots via elec- 28 tronic mail to the state board of elections using the electronic absen- 29 tee ballot transmittal system. 30 § 3. Section 11-203 of the election law, as added by chapter 104 of 31 the laws of 2010, is amended to read as follows: 32 § 11-203. Special federal voters; designation of means of transmission 33 by special federal voters. [1.] A special federal voter may designate a 34 preference to receive a voter registration application, a special feder- 35 al ballot application or a special federal ballot by mail, facsimile 36 transmission or electronic mail. Such designation shall remain in effect 37 until revoked or changed by the special federal voter. If a special 38 federal voter does not designate a preference, the board of elections 39 shall transmit the voter registration application, special federal 40 ballot application or special federal ballot by mail. If a special 41 federal voter designates a preference for facsimile transmission or 42 electronic mail but does not provide the necessary facsimile number or 43 e-mail address, the board of elections shall transmit the voter regis- 44 tration application, special federal ballot application or special 45 federal ballot by mail and request the omitted information. All communi- 46 cations to the special federal voter shall include the mailing address 47 of the board of elections. 48 [2. Irrespective of the preferred method of transmission designated by 49 a special federal voter, a special federal voter's original completed 50 voter registration application, special federal ballot application and 51 special federal ballot must be returned by mail or in person notwith- 52 standing that a prior copy was sent to the board of elections by facsim- 53 ile transmission or electronic mail.] 54 § 4. This act shall take effect on the first of January next succeed- 55 ing the date on which it shall have become a law.