New York Senate Bill S02405 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2405 2023-2024 Regular Sessions  IN SENATE January 20, 2023 ___________ Introduced by Sen. MYRIE -- 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 establishing an elec- tronic military ballot application and military ballot transmittal system 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 10-110 2 to read as follows: 3 § 10-110. Military voters; electronic military ballot application and 4 military ballot transmittal system. 1. In addition to any other means of 5 application for a military ballot and return of a marked military ballot 6 provided for by this chapter, the state board of elections shall estab- 7 lish and maintain an electronic military ballot application and military 8 ballot transmittal system through which applicants may apply for a mili- 9 tary ballot and return a marked military ballot, online. The state board 10 of elections shall electronically transmit such applications and marked 11 ballots to the applicable board of elections of each county or the city 12 of New York for filing, processing and verification consistent with this 13 chapter. In accordance with technical specifications provided by the 14 state board of elections, each board of elections shall maintain a 15 system capable of receiving and processing military ballot application 16 and marked military ballot information, including digital signatures, 17 from the electronic voter registration transmittal system established by 18 the state board of elections. Notwithstanding any other inconsistent 19 provision of this chapter, applications and ballots filed using such 20 system shall be considered filed with the applicable board of elections 21 on the calendar date such application or ballot is initially transmitted 22 by the voter through the electronic military ballot application and 23 military ballot transmittal system. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04091-01-3 
 S. 2405 2 1 2. As used in this article, the term "digital signature" shall mean 2 the certificate-based digital identification code issued to qualified 3 personnel by the United States department of defense as part of the 4 common access card or its successor. 5 § 2. Subdivision 2 of section 10-107 of the election law, as added by 6 chapter 104 of the laws of 2010, is amended to read as follows: 7 2. Irrespective of the preferred method of transmission designated by 8 a military voter, a military voter's original completed voter registra- 9 tion application, military ballot application and military ballot must 10 be returned by mail, the electronic military ballot application and 11 military ballot transmittal system established pursuant to section 12 10-110 of this article or in person notwithstanding that a prior copy 13 was sent to the board of elections by facsimile transmission or elec- 14 tronic mail. 15 § 3. Section 10-112 of the election law, as amended by chapter 104 of 16 the laws of 2010, is amended to read as follows: 17 § 10-112. Military voter; voting. The military voter shall either: 18 1. mark the military ballot provided for in this article in the same 19 manner as an absentee ballot. After marking the ballot, he or she shall 20 fold such ballot and enclose it in the inner affirmation envelope bear- 21 ing the military voter's affirmation on the outside of the envelope and 22 seal the envelope. He or she shall then sign the affirmation, with the 23 blanks properly filled in. The inner affirmation envelope containing the 24 military ballot shall then be inserted in the outer envelope addressed 25 to the appropriate board of elections, which shall be mailed or 26 personally delivered to such board of elections of his or her county of 27 residence within the time limits provided by this chapter; or 28 2. utilize the electronic military ballot application and military 29 ballot transmittal system established pursuant to section 10-110 of this 30 article to mark, sign with such military voter's digital signature and 31 return the military ballot provided for in this article. 32 § 4. This act shall take effect immediately.