New York Senate Bill S07394 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7394--A 2023-2024 Regular Sessions  IN SENATE May 22, 2023 ___________ Introduced by Sen. GIANARIS -- 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, the education law, the town law and the New York city charter, in relation to establishing early mail voting The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 Early Mail Voter Act". 3 § 2. Article 8 of the election law is amended by adding a new title 7 4 to read as follows: 5 TITLE VII 6 EARLY MAIL VOTING 7 Section 8-700. Early voting by mail; application for ballot. 8 8-702. Early voting by mail; review of application by board of 9 elections. 10 8-704. Early mail ballots; delivery of. 11 8-706. Electronic early mail ballot application transmittal 12 system. 13 8-708. Early voting by mail; method of. 14 8-710. Early mail ballots; deadline for receipt, and delivery to 15 polling place. 16 8-712. Online early mail ballot tracking system. 17 § 8-700. Early voting by mail; application for ballot. 1. A registered 18 voter may apply to the county board of elections in the county in which 19 they are registered, or to the board of elections of the city of New 20 York, if registered in the city of New York, to vote early by mail under 21 this title in any election conducted by the board of elections in which 22 the voter is eligible to vote. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11608-03-3 
 S. 7394--A 2 1 2. A registered voter who desires to vote early by mail at an election 2 must make an application to vote early by mail on a form to be obtained 3 and filed as provided in this section, by letter as provided in para- 4 graph (d) of this subdivision, or through the electronic early mail 5 ballot application transmittal system pursuant to section 8-706 of this 6 title. 7 (a) Application forms to vote early by mail shall be furnished by and 8 may be obtained from any board of elections at any time until the day 9 before such election, or on the electronic early mail ballot application 10 transmittal system. Application forms shall also be supplied by the 11 board of inspectors of the election district in which the applicant is a 12 registered voter on all of the days provided for local registration. In 13 addition, application forms shall be supplied upon the request of the 14 person authorized to vote pursuant to this section, any such person's 15 spouse, parent or child, a person residing with the applicant as a 16 member of their household, or the applicant's duly authorized agent. 17 Application forms sent outside of the United States to a country other 18 than Canada or Mexico, shall be sent by airmail. Any reference to "board 19 of elections" in the remaining provisions of this section, except with 20 respect to the furnishing and obtaining of applications to vote early by 21 mail, means only the board of elections of the county or city in which 22 the applicant is a registered voter. 23 (b) Applications may be filed with the board of elections, through the 24 electronic early mail ballot application transmittal system or in person 25 with the board of inspectors of the election district in which the 26 applicant is a registered voter on one of the days provided for local 27 registration. 28 (c) All applications requesting to vote early by mail transmitted by 29 mail or through the electronic early mail ballot application transmittal 30 system must be received by the board of elections not later than the 31 tenth day before the election for which a ballot is first requested. 32 Applications to vote early by mail delivered in person at the board of 33 elections must be received by such board not later than the day before 34 such election. 35 (d) The board of elections shall mail an early mail ballot to every 36 registered voter otherwise eligible for such a ballot, who requests such 37 an early mail ballot from such board of elections in writing in a 38 letter, telefax indicating the address, phone number and the telefax 39 number from which the writing is sent or other written instrument, or 40 through an electronic application submitted by the voter through the 41 electronic early mail ballot application transmittal system established 42 by the state board of elections, which is signed by the voter and 43 received by the board of elections not later than the tenth day before 44 the election for which the ballot is first requested and which states 45 the address where the voter is registered and the address to which the 46 ballot is to be mailed. 47 (e) When mailing an early mail ballot application to a voter the board 48 of elections shall provide a domestic postage paid return envelope. When 49 providing an early mail ballot application to a voter in-person, the 50 board of elections shall offer the voter a domestic postage paid return 51 envelope and provide one if requested. 52 3. The application for an early mail ballot when filed must contain in 53 each instance the following information: 54 (a) Applicant's full name, date of birth, and residence address, 55 including the street and number, if any, rural delivery route, if any, 
 S. 7394--A 3 1 mailing address if different from the residence address and their town 2 or city and an address to which the ballot shall be mailed. 3 (b) A statement that the applicant is a registered voter in the county 4 or city where they are applying to vote early by mail. 5 4. The application for an early mail ballot shall also provide the 6 applicant the opportunity to provide their telephone number and e-mail 7 address. 8 5. The application for an early mail ballot shall also provide the 9 applicant the opportunity to request to receive an early mail ballot for 10 all remaining elections in the calendar year in which the applicant is 11 eligible to vote. If an applicant indicates in the application for an 12 early mail ballot that they wish to receive an early mail ballot for all 13 remaining elections in the calendar year, upon filing of such applica- 14 tion, the board of elections shall indicate such request in the voter's 15 registration record. When early mail ballots are mailed for subsequent 16 elections in the calendar year in which the voter is eligible to vote, 17 the board of elections shall mail an early mail ballot to the voter at 18 their last known address by first class mail with a request to the 19 postal authorities not to forward such ballot but to return it in five 20 days in the event that it cannot be delivered to the addressee. Howev- 21 er, the board shall not be required to mail an early mail ballot pursu- 22 ant to this section if the voter's registration has been canceled since 23 the filing of such application. 24 6. The application for an early mail ballot shall contain the follow- 25 ing language printed in bold face directly above the signature line: "I 26 CERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND 27 UNDERSTAND THAT THIS APPLICATION WILL BE ACCEPTED FOR ALL PURPOSES AS 28 THE EQUIVALENT OF AN AFFIDAVIT AND, IF IT CONTAINS A MATERIAL FALSE 29 STATEMENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY 30 SWORN." Such application shall be accepted for all purposes as the 31 equivalent of an affidavit and if it contains a material false statement 32 shall subject the person signing it to the same penalties as if he or 33 she had been duly sworn. 34 7. For purposes of this section, the use of titles, initials or 35 customary abbreviations of given names by the signers or witnesses of an 36 early mail ballot application or early mail ballot envelope, or the use 37 of customary abbreviations of addresses of such signers or witnesses, 38 shall not invalidate such voter's signature or witness's signature on an 39 application for early mail ballot or upon canvass or recanvass of the 40 ballot pursuant to this chapter. 41 8. (a) If a person entitled to an early mail ballot is unable to sign 42 their application because of illness, physical disability or inability 43 to read, they shall be excused from signing upon making a statement, in 44 substantially the following form, which shall be witnessed by one 45 person: 46 "I hereby state that I am unable to sign my application for an early 47 mail ballot without assistance because I am unable to write by reason of 48 illness or physical disability or because I am unable to read. I have 49 made, or have received assistance in making, my mark in lieu of my 50 signature." 51 ................. 52 (Date) 53 ................. 54 (Mark) 55 ................. 
 S. 7394--A 4 1 (Name of Voter) 2 "I, the undersigned, hereby certify that the above named voter affixed 3 their mark to this application in my presence and I know them to be the 4 person who affixed their mark to said application and understand that 5 this statement will be accepted for all purposes as the equivalent of an 6 affidavit and if it contains a material false statement, shall subject 7 me to the same penalties as if I had been duly sworn." 8 ...................... 9 (Signature of Witness) 10 ...................... 11 (Address of Witness) 12 (b) Such statement shall be included in the application form furnished 13 by the board of elections. 14 9. Printed forms of applications for early mail ballots in accordance 15 with the requirements of this section shall be provided by the board of 16 elections. An appropriate number shall be retained by the board of 17 elections for the purpose of furnishing an application form to each 18 registered voter who applies therefor before the board of elections, 19 either in person or by mail, and an appropriate number shall be deliv- 20 ered to each board of inspectors on registration days with the election 21 supplies, and the board of inspectors shall retain the completed and 22 unused applications and return them to the board of elections with their 23 election supplies and an appropriate number shall be available for 24 distribution to officers of political parties, county clerks, city, town 25 and village clerks, colleges, libraries, and any other convenient 26 distribution source which is approved by the local or state board of 27 elections and which requests such forms. 28 10. The state board of elections shall prescribe a standard applica- 29 tion form for use under this section. The use of any application form 30 which substantially complies with the provisions of this section shall 31 be acceptable and any application filed on such a form shall be accepted 32 for filing. 33 § 8-702. Early voting by mail; review of application by board of 34 elections. 1. Upon receipt of an application to vote early by mail the 35 board of elections shall determine whether the applicant is a registered 36 voter of the county or city at the address listed in the application and 37 is eligible to vote in the election or elections for which the applica- 38 tion is filed. An application to vote early by mail filed or received 39 simultaneously with or on the same day as a valid registration applica- 40 tion from the applicant shall be considered valid. 41 2. If the board of elections determines that the applicant is not a 42 registered voter of the county or city at the address listed in the 43 application pursuant to subdivision one of this section or the applicant 44 is not eligible to vote in all of the elections for which the applica- 45 tion is filed, the board of elections shall immediately notify the 46 applicant of the rejection of the application to vote early by mail and 47 provide the reason for such rejection. 48 3. In the case of a primary election, the board of elections shall 49 deliver only the ballot of the party in which the records of the board 50 of elections show the applicant to be enrolled. In the event a primary 51 election is uncontested in the applicant's election district for all 52 offices or positions except the party position of member of the ward, 
 S. 7394--A 5 1 town, city or county committee, no ballot shall be delivered to such 2 applicant for such election; and the applicant shall be advised why they 3 are not being sent a ballot. 4 4. The board shall keep a record of applications to vote early by mail 5 as they are received, showing the names and residences of the appli- 6 cants, and their party enrollment in the case of primary elections, and, 7 as soon as practicable shall, when requested, give to the chairman of 8 each political party or independent body in the county, and shall make 9 available for inspection to any other registered voter upon request, a 10 complete list of all applicants to whom early mail ballots have been 11 delivered or mailed, containing their names and places of residence as 12 they appear on the registration record, including the election district 13 and ward, if any, and in the city of New York and the county of Nassau, 14 the assembly district, and their party enrollment in the case of primary 15 elections. 16 § 8-704. Early mail ballots; delivery of. 1. If the board finds that 17 the applicant is a registered voter of the county or city at the address 18 listed in the application, the applicant is eligible to vote in the 19 election at issue, and the application is otherwise sufficient, it 20 shall, as soon as practicable, mail to the applicant at an address 21 designated by them, or deliver to them, or to any person designated for 22 such purpose in writing by them, at the office of the board, an early 23 mail ballot or set of ballots and an envelope therefor. If the ballot or 24 ballots are to be sent outside of the United States to a country other 25 than Canada or Mexico, such ballot or ballots shall be sent by air mail. 26 2. When mailing an early mail ballot to a voter the board of elections 27 shall provide a domestic postage paid return envelope. When providing an 28 early mail ballot to a voter in-person, the board of elections shall 29 offer the voter a domestic postage paid return envelope and provide one 30 if requested. 31 § 8-706. Electronic early mail ballot application transmittal system. 32 1. In addition to any other means of applying for an early mail ballot, 33 the state board of elections shall establish and maintain an electronic 34 early mail ballot application transmittal system through which voters 35 may apply for an early mail ballot online. The state board of elections 36 shall electronically transmit such applications to the applicable board 37 of elections of each county or the city of New York for processing 38 consistent with this chapter. In accordance with technical specifica- 39 tions provided by the state board of elections, each board of elections 40 shall maintain an early mail ballot application system capable of 41 receiving and processing electronic early mail ballot applications, 42 including, but not limited to, electronic signatures, from the electron- 43 ic early mail ballot application transmittal system established by the 44 state board of elections pursuant to this section. Such transmittal 45 system shall be fully integrated with each county board of elections and 46 the city of New York board of elections so that a voter may apply online 47 directly either through the website of their board of elections or the 48 state board of elections. Notwithstanding any other inconsistent 49 provision of this chapter, applications filed using such system shall be 50 considered filed with the applicable board of elections on the calendar 51 date the application is initially transmitted by the voter through the 52 electronic early mail ballot application transmittal system. 53 2. (a) A voter shall be able to apply for an early mail ballot using a 54 personal online application submitted through the electronic early mail 55 ballot application transmittal system when the voter: 
 S. 7394--A 6 1 (i) completes an electronic early mail ballot application promulgated 2 by the state board of elections which shall include all of the informa- 3 tion required by section 8-700 of this title; and 4 (ii) affirms, subject to penalty of perjury, by means of electronic or 5 manual signature, that the information contained in the early mail 6 ballot application is true; and 7 (iii) consents to the use of an electronic copy of the individual's 8 manual signature that is in the custody of the department of motor vehi- 9 cles, the state board of elections, or other agency designated by 10 section 5-211 or 5-212 of this chapter, as the individual's early mail 11 ballot exemplar signature, or provides such a signature by direct upload 12 in a manner that complies with the New York state electronic signature 13 and records act and the rules and regulations promulgated by the state 14 board of elections. 15 (b) The board of elections shall provide the personal online early 16 mail ballot application in any language required by the federal Voting 17 Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state. 18 (c) The online early mail ballot application process shall provide 19 reasonable accommodations to improve accessibility for persons with 20 disabilities and shall be compatible for use with standard online acces- 21 sibility assistance tools for persons with visual, physical or percep- 22 tive disabilities. 23 (d) The state board of elections shall promulgate rules and regu- 24 lations for the creation and administration of an early mail ballot 25 application system pursuant to this section. 26 3. (a) If an early mail ballot exemplar signature is not provided by 27 an applicant who submits an early mail ballot application pursuant to 28 this section, the local board shall seek to obtain such exemplar signa- 29 ture from the statewide voter registration database, the state board of 30 elections, or a state or local agency designated by section 5-211 or 31 5-212 of this chapter. 32 (b) If such exemplar signature is not available from the statewide 33 voter registration database, the state board of elections, or a state or 34 local agency designated by section 5-211 or 5-212 of this chapter, the 35 local board of elections shall, absent another reason to reject the 36 application, require the voter to provide an exemplar signature by any 37 one of the following methods: in person, by electronic mail, or by elec- 38 tronic upload to the board of elections through the electronic early 39 mail ballot application transmittal system. 40 (c) If such voter does not provide the required exemplar signature, 41 the board of elections shall proceed to issue an early mail ballot to 42 the voter along with an early mail ballot application form requiring 43 such voter to submit a signature upon such application form and return 44 it to the board of elections with the voter's ballot. 45 4. The electronic early mail ballot application transmittal system 46 shall be combined on a single website with the electronic absentee 47 ballot application transmittal system created pursuant to section 8-408 48 of this article. A person using the website must first be provided with 49 an early mail ballot application before being offered the opportunity to 50 apply for an absentee ballot. If a person submits an early mail ballot 51 application, the person shall not be offered the opportunity to apply 52 for an absentee ballot. 53 § 8-708. Early voting by mail; method of. The early mail voter shall 54 mark an early mail ballot as provided for paper ballots or ballots 55 prepared for counting by ballot counting machines. They shall make no 56 mark or writing whatsoever upon the ballot, except as above prescribed, 
 S. 7394--A 7 1 and shall see that it bears no such mark or writing. They shall make no 2 mark or writing whatsoever on the outside of the ballot. In cases where 3 the express intent of the voter is unambiguous, any stray marks or writ- 4 ing shall not be a basis for voiding a ballot. After marking the ballot 5 or ballots they shall fold each such ballot and enclose them in the 6 envelope and seal the envelope. They shall then take and subscribe the 7 oath on the envelope, with blanks properly filled in. The envelope, 8 containing the ballot or ballots, shall then be mailed or delivered to 9 the board of elections of the county or city of their residence. 10 § 8-710. Early mail ballots; deadline for receipt, and delivery to 11 polling place. 1. The board of elections shall cause all early mail 12 ballots received by it before the close of the polls on election day and 13 all ballots contained in envelopes showing a cancellation mark of the 14 United States postal service or a foreign country's postal service, or 15 showing a dated endorsement of receipt by another agency of the United 16 States government, with a date which is ascertained to be not later than 17 the day of the election and received by such board of elections not 18 later than seven days following the day of election to be cast and 19 counted. For purposes of this section, any early mail ballot received 20 by the board of elections by mail that does not bear or display a dated 21 postmark shall be presumed to have been timely mailed or delivered if 22 such ballot bears a time stamp of the receiving board of elections indi- 23 cating receipt by such board on the day after the election. 24 2. Early mail ballots received by the board of elections shall be 25 retained at the board of elections and cast and canvassed pursuant to 26 the provisions of section 9-209 of this chapter. 27 § 8-712. Online early mail ballot tracking system. 1. The state board 28 of elections shall establish and maintain an electronic early mail 29 ballot tracking system. In accordance with technical specifications 30 provided by the state board of elections, each local board of elections 31 shall maintain an early mail ballot tracking system integrated with the 32 state board's system, and which may be integrated with the United States 33 postal service tracking system, to allow a voter who has submitted an 34 application for an early mail ballot to track the status of an early 35 mail ballot application and an early mail ballot on the state board or 36 local board website. 37 2. Such website shall not require users to create an account but shall 38 require verification that the user is accessing their own record through 39 the inclusion of data identifying the voter and the board of elections 40 at which the voter is registered, and any other information required by 41 the state board of elections. 42 3. The ballot tracking system shall indicate to the voter if the 43 board: 44 (a) received such voter's application for an early mail ballot; 45 (b) approved or rejected such application and, if rejected, an indi- 46 cation of the reason for such rejection; 47 (c) mailed or delivered an early mail ballot to such voter, the date 48 of such mailing or delivery, and the expected date of receipt; 49 (d) received the ballot back as undeliverable; 50 (e) received such voter's completed early mail ballot; 51 (f) determined the ballot envelope was subject to a cure; and 52 (g) counted or rejected such voter's completed early mail ballot and, 53 if rejected, a brief statement of the reason for rejection. 54 4. The electronic early mail ballot tracking system shall be combined 55 on a single website with the electronic absentee ballot tracking system 56 created pursuant to section 8-414 of this article. 
 S. 7394--A 8 1 § 3. Paragraphs (c) and (d) of subdivision 2 of section 8-400 of the 2 election law, as separately amended by chapters 273 and 746 of the laws 3 of 2021, are amended to read as follows: 4 (c) All applications requesting an absentee ballot by mail or through 5 the electronic absentee ballot application transmittal system must be 6 received by the board of elections not later than the [fifteenth] tenth 7 day before the election for which a ballot is first requested. Applica- 8 tions for an absentee ballot that will be delivered in person at the 9 board of elections to the voter or to an agent of the voter must be 10 received by such board not later than the day before such election. 11 (d) The board of elections shall mail an absentee ballot to every 12 qualified voter otherwise eligible for such a ballot, who requests such 13 an absentee ballot from such board of elections in writing in a letter, 14 telefax indicating the address, phone number and the telefax number from 15 which the writing is sent or other written instrument, or an electronic 16 application submitted by the voter through the electronic absentee 17 ballot application transmittal system established by the state board of 18 elections, which is signed by the voter and received by the board of 19 elections not later than the [fifteenth] tenth day before the election 20 for which the ballot is first requested and which states the address 21 where the voter is registered and the address to which the ballot is to 22 be mailed; provided, however, a military voter may request a military 23 ballot or voter registration application or an absentee ballot applica- 24 tion in a letter as provided in subdivision three of section 10-106 of 25 this chapter; and provided further, a special federal voter may request 26 a special federal ballot or voter registration application or an absen- 27 tee ballot application in a letter as provided in paragraph d of subdi- 28 vision one of section 11-202 of this chapter. The board of elections 29 shall enclose with such ballot a form of application for absentee ballot 30 if the applicant is registered with such board of elections. 31 § 4. The election law is amended by adding a new section 7-119 to read 32 as follows: 33 § 7-119. Ballots; early mail voters. 1. (a) Ballots for early mail 34 voters shall be, as nearly as practicable, in the same form as those to 35 be voted in the district on election day, except that such ballots need 36 not have a stub, and shall have the words "Early Mail Ballot", endorsed 37 thereon. 38 (b) All provisions of this chapter not inconsistent with this subdivi- 39 sion shall be applicable to early mail ballots prepared for counting by 40 a ballot scanner or by hand. The instructions for marking an early mail 41 ballot shall be provided and shall be substantially as follows, so that 42 they accurately reflect the ballot layout: 43 INSTRUCTIONS 44 Mark the (insert "oval" or "square") to the left of the name of your 45 choice. (Provide illustration of correctly-marked voting position here.) 46 To vote for a candidate whose name is not printed on the ballot, (insert 47 "mark the oval (or square) to the left of 'write-in' and print the name 48 clearly" or "print the name clearly in the box labeled 'write-in'"), 49 staying within the box. Any mark or writing outside the spaces provided 50 for voting may void the entire ballot. You have a right to a replacement 51 ballot. If you make a mistake or want to change your vote, call the 52 board of elections at (insert phone number here) for instructions on how 53 to obtain a new ballot. The number of choices is listed for each 54 contest. Do not mark the ballot for more candidates than allowed. If you 55 do, your vote in that contest will not count. 
 S. 7394--A 9 1 (c) When a question or proposal is included on the ballot, 2 instructions substantially similar to those provided in subdivision 3 fifteen of section 7-104 of this article shall be included. 4 2. The determination of the appropriate county board of elections as 5 to the candidates duly designated or nominated for public office or 6 party position whose name shall appear on the early mail ballot and as 7 to ballot proposals to be voted on shall be made no later than the day 8 after the state board of elections issues its certification of those 9 candidates to be voted for at the general, special or primary election. 10 The determinations of the state board of elections and the respective 11 county boards of elections shall be final and conclusive with respect to 12 such offices for which petitions or certificates are required to be 13 filed with such boards, as the case may be but nothing contained in this 14 section shall prevent a board of elections, or a court of competent 15 jurisdiction from determining at a later date that any such certif- 16 ication, designation or nomination is invalid and, in the event of such 17 later determination, no vote cast for any such nominee by any voter 18 shall be counted at the election. 19 3. There shall be three envelopes for each early mail ballot issued by 20 mail: the inner affirmation envelope into which a voter places their 21 voted ballot, the outer envelope which shall be addressed to the early 22 mail voter, and the mailing envelope which is addressed to the county 23 board of elections. The board of elections shall furnish with each early 24 mail ballot an inner affirmation envelope. On one side of the envelope 25 shall be printed: 26 OFFICIAL EARLY MAIL BALLOT 27 for 28 GENERAL (OR PRIMARY OR SPECIAL) ELECTION, 29 ..........., 20....... 30 Name of voter .................. 31 Residence (street and number if any) .............. 32 City/or town of (village, if any) ................. 33 County of ............................... 34 Assembly District ...................... 35 Legislative District (as applicable) .......... 36 Ward (as applicable) ..................... 37 Election District .................... 38 Party Enrollment (in case of primary election) .................... 39 4. The date of the election, name of the county, and name of a city, 40 if there be a separate ballot for city voters, shall be printed, and the 41 name of the voter, residence, number of the assembly district, if any, 42 name of town, number of ward, if any, election district and party 43 enrollment, if required, shall be either printed or written or stamped 44 in by the board. 45 5. There shall also be a place for two board of elections staff 46 members or inspectors of opposite political parties to indicate, by 47 placing their initials thereon, that they have checked and marked the 48 voter's poll record and a box labeled "BOE use only" for notations 49 required when the board of elections reviews affirmation ballot envel- 50 opes pursuant to section 9-209 of this chapter. 51 6. On the reverse side of such inner affirmation envelope shall be 52 printed the following statement: 
 S. 7394--A 10 1 AFFIRMATION 2 I do declare that I am a citizen of the United States, that I am duly 3 registered in the election district shown on the reverse side of this 4 envelope and I am qualified to vote in such district; that I have not 5 qualified nor do I intend to vote elsewhere, that I have not committed 6 any act nor am I under any impediment which denies me the right to vote. 7 I hereby declare that the foregoing is a true statement to the best of 8 my knowledge and belief, and I understand that if I make any material 9 false statement in the foregoing statement of early mail voter, I shall 10 be guilty of a misdemeanor. 11 Date ............... 20 ................ 12 .......................... 13 Signature or mark of voter 14 .......................... 15 Signature of Witness 16 (required only if voter 17 does not sign their own 18 name) 19 .......................... 20 Address of Witness 21 7. The inner affirmation envelope shall be gummed, ready for sealing, 22 and shall have printed thereon, on the side opposite the statement, 23 instructions as to the duties of the voter after the marking of the 24 ballot, which instructions shall include a specific direction stating 25 when such ballot must be postmarked and when such ballot must reach the 26 office of the board of elections in order to be canvassed. 27 8. Each inner affirmation ballot envelope shall be enclosed in an 28 outer envelope addressed to the appropriate board of elections and bear- 29 ing on it a specific direction that if an original application for an 30 early mail ballot is received with the ballot, such application must be 31 completed by the voter and returned in the outer envelope together with 32 the sealed inner affirmation envelope containing the early mail ballot 33 within the time limits for receipt of the early mail ballot itself. Such 34 inner affirmation envelope and outer envelope shall be enclosed in the 35 third envelope addressed to the early mail voter. The outer and third 36 envelopes shall have printed on the face thereof the words "Election 37 Material--Please Expedite". 38 § 5. The election law is amended by adding a new section 15-119 to 39 read as follows: 40 § 15-119. Early mail voting at village elections. 1. A registered 41 voter of a village may vote by early mail ballot under this section for 42 a general or special village election in which the voter is eligible to 43 vote. 44 2. A registered voter desirous of obtaining an early mail ballot shall 45 make written application therefor to the village clerk. Application 46 forms for use pursuant to this section shall be in a form prescribed by 47 the state board of elections. The use of any application which is on a 48 form prescribed by the state board of elections shall be acceptable. 49 3. An application for an early mail ballot must be signed by the 50 applicant. If a person entitled to an early mail ballot is unable to 
 S. 7394--A 11 1 sign their application because of illness, physical disability or 2 inability to read, they shall be excused from signing upon making a 3 statement, in substantially the following form, which shall be witnessed 4 by one person: "I hereby state that I am unable to sign my application 5 for an early mail ballot without assistance because I am unable to write 6 by reason of illness or physical disability or because I am unable to 7 read. I have made, or have received assistance in making, my mark in 8 lieu of my signature." 9 ...................... 10 (Date) 11 ...................... 12 (Mark) 13 ...................... 14 (Name of Voter) 15 "I, the undersigned, hereby certify that the above named voter affixed 16 their mark to this application in my presence and I know them to be the 17 person who affixed their mark to said application and understand that 18 this statement will be accepted for all purposes as the equivalent of an 19 affidavit and if it contains a material false statement, shall subject 20 me to the same penalties as if I had been duly sworn." 21 ....................... 22 (Signature of Witness) 23 ....................... 24 (Address of Witness) 25 Such statement shall be included in the application blank form furnished 26 by the village clerk. 27 4. The application for an early mail ballot when filed must contain in 28 each instance the following information: 29 (a) Applicant's full name, date of birth, and residence address, 30 including the street and number, if any, rural delivery route, if any, 31 mailing address if different from the residence address and their 32 village and an address to which the ballot shall be mailed. 33 (b) A statement that the applicant is a registered voter. 34 (c) Such application shall permit the applicant to apply for an early 35 mail ballot for a single election or for all remaining elections in the 36 calendar year for which the voter is eligible to vote. 37 5. The application for an early mail ballot shall also provide the 38 applicant the opportunity to provide their telephone number and e-mail 39 address. 40 6. Printed forms containing the application for the early mail ballot, 41 in accordance with the requirements of this section, shall be in the 42 form prescribed by the state board of elections and shall be provided by 43 the village clerk and shall be available at the office of the clerk. 44 Application forms for early mail ballots for use pursuant to this 45 section shall be furnished by the village clerk upon request of the 46 person authorized to vote under this section or by any such person's 47 spouse, parent, child, authorized agent or any nurse charged with the 48 care of such person. 49 7. An application must be received by the village clerk no earlier 50 than four months before the election for which an early mail ballot is 51 sought, except as provided in paragraph (c) of subdivision four of this 52 section. If the application requests that the early mail ballot be 53 mailed, such application must be received not later than seven days 
 S. 7394--A 12 1 before the election. If the applicant or their agent delivers the appli- 2 cation to the village clerk in person, such application must be received 3 not later than the day before the election. The village clerk shall 4 examine each application. If the application is complete, the applicant 5 is a registered voter of the village at the address listed in the appli- 6 cation, and the applicant is eligible to vote in the election, the 7 application shall be deemed accepted. 8 8. No later than six days before the election for which an application 9 has been received and accepted by the village clerk, the village clerk 10 shall mail, by regular mail, an early mail ballot to each applicant who 11 has applied before such day and who has requested that such early mail 12 ballot be mailed to them at the address set forth in their application. 13 If the applicant or their agent delivers the application to the village 14 clerk in person after the seventh day before the village election and 15 not later than the day before the election, the village clerk shall 16 forthwith deliver such early mail ballots for those applicants whom they 17 determine are qualified to make such applications and to receive such 18 ballots to such applicants or the agents named in the applications when 19 such applicants or agents appear in the village clerk's office. 20 9. The early mail ballot shall be caused to be prepared and printed by 21 the village clerk as provided by law for paper ballots or machine 22 ballots, whichever are to be used in said election and appropriate 23 modifications for the purposes of this section. The village clerk shall 24 also cause to be prepared and printed return envelopes addressed to 25 themself, conforming so far as may be practicable to the provisions of 26 this chapter stating thereon that in order for the ballot contained 27 therein to be counted it must be received by the village clerk not later 28 than the close of the polls on election day. On the reverse side of each 29 return envelope there shall be written instructions for the voter to 30 insert at designated places their signature, their name printed, their 31 residence address within the village and their village election district 32 if there be more than one district within the village. 33 10. The method of marking, preparing and mailing such ballot for 34 voting shall conform, wherever practicable, to the methods used for 35 early mail ballots for a general election, except that the envelope in 36 which it is contained shall be returned to the village clerk. On the day 37 of the election, the village clerk shall deliver all such ballots, which 38 have been returned to them, in the sealed envelopes to the board of 39 inspectors of election of the proper election district. No such ballot 40 shall be deemed to have been voted unless or until it shall have been 41 delivered to the board of inspectors of election of the election 42 district in which the elector casting the ballot resides and shall have 43 been deposited by the chairman of such board in the box provided for 44 receiving such ballot. 45 11. When such ballots shall have been delivered to the board of 46 inspectors of election of the proper election district and shall have 47 been duly determined by such board to have been lawfully cast by a qual- 48 ified elector of such district, the chairman of such board shall, after 49 the close of the polls, open the envelopes containing such ballots and, 50 without unfolding such ballots or permitting the face thereof to be 51 exposed to the view of anyone, shall deposit each such ballot in a box 52 specifically furnished for such purpose by the village clerk. If the 53 board of inspectors shall determine that any such ballot has been cast 54 by an elector who would not be qualified under the provisions of this 55 section, then such ballot shall not be counted. 
 S. 7394--A 13 1 12. After all the ballots shall have been deposited, the box shall be 2 opened and such ballots canvassed in the same manner as other ballots 3 cast at such election and shall be counted and included in the total of 4 all ballots cast at such election. 5 § 6. Paragraph b of subdivision 2 of section 15-124 of the election 6 law is amended to read as follows: 7 b. the investigation of any registrant or any applicant for an early 8 mail or absentee ballot to determine his or her qualifications to be 9 registered or vote, and 10 § 7. Subdivision 4 of section 3-108 of the election law is amended to 11 read as follows: 12 4. Only those persons duly registered to vote upon the original date 13 of the general election who did not vote on such date shall be entitled 14 to vote on the additional day for voting. Voting on the additional day 15 provided for in this section shall be accomplished solely by physically 16 appearing at the polling place and nothing contained in this section 17 shall be construed to extend the time set by law for casting or canvass- 18 ing a military, early mail, absentee or special presidential ballot; 19 provided, however, that nothing contained herein shall be deemed to 20 invalidate any early mail, absentee, military or special presidential 21 ballot duly received on the original date of the general election. 22 § 8. Subdivision 3 of section 3-222 of the election law, as amended by 23 chapter 282 of the laws of 2011, is amended to read as follows: 24 3. Except as hereinafter provided, packages of protested, void and 25 wholly blank ballots, open packages of unused ballots and all early 26 mail, absentee and military, special federal, special presidential and 27 emergency ballots and ballot envelopes, if any, opened or unopened, 28 shall be preserved for two years after the election. Sealed packages of 29 unused ballots shall be retained for four months, and may then be 30 destroyed, provided a certificate articulating the election district 31 identifying data and numbers of such ballots is filed with the balance 32 of ballots described in this section, for the balance of the two year 33 retention period. Except as hereinafter provided, boxes containing voted 34 paper ballots, if any shall be preserved inviolate for four months after 35 the election, or until one month before the next election occurring 36 within five months after a preceding election if such boxes are needed 37 for use at such next election and if the officer or board in charge of 38 such voted paper ballots is required by law to furnish ballot boxes 39 therefor. Provided, however, that such ballot boxes and such packages 40 may be opened, and their contents and the early mail, absentee and mili- 41 tary, special federal, special presidential and emergency ballots and 42 ballot envelopes may be examined, upon the order of any court or justice 43 of competent jurisdiction. Boxes and envelopes containing early mail, 44 absentee, military and emergency ballots voted at a general or special 45 election, for the office of member of the senate or assembly, packages 46 of void, protested and wholly blank ballots, unopened early mail, absen- 47 tee and military ballot envelopes and the packages of unused ballots, in 48 connection with such election, also may be opened, and their contents 49 and such envelopes also may be examined, by direction of a committee of 50 the senate or assembly to investigate and report on contested elections 51 of members of the legislature. Unless otherwise ordered or directed by 52 such a court, justice or committee, such boxes shall be opened and their 53 contents and such packages and the envelopes containing voted ballots 54 and ballot envelopes shall be destroyed, at the expiration of the period 55 during which they are required by the provisions of this section to be 56 preserved, except that instead of being destroyed, they may be sold and 
 S. 7394--A 14 1 the proceeds paid over in the manner provided with respect to the sale 2 of books, records and papers pertaining to an election. 3 § 9. Section 3-506 of the election law, as added by chapter 244 of the 4 laws of 2009, is amended to read as follows: 5 § 3-506. Boards of elections; voting materials in Russian. A board of 6 elections in a city of over one million shall provide the same informa- 7 tion in Russian that it provides in languages other than English on its 8 website. It shall also produce and disseminate citywide a booklet that 9 includes: (a) a voter registration form in English with instructions in 10 Russian; (b) instructions in Russian regarding the criteria and applica- 11 tion process for obtaining an early mail or absentee ballot; and (c) a 12 section with general voter information in Russian including frequently 13 asked questions. Such board may include other languages on its website 14 and in such booklet. 15 § 10. Subdivision 1 of section 4-117 of the election law, as amended 16 by chapter 175 of the laws of 2022, is amended to read as follows: 17 1. The board of elections, between the third Tuesday in April and the 18 second Friday in May in each year, shall send by mail on which is 19 endorsed such language designated by the state board of elections to 20 ensure postal authorities do not forward such mail but return it to the 21 board of elections with forwarding information, when it cannot be deliv- 22 ered as addressed and which contains a request that any such mail 23 received for persons not residing at the address be dropped back in the 24 mail, a communication, in a form approved by the state board of 25 elections, to every registered voter who has been registered without a 26 change of address since the beginning of such year, except that the 27 board of elections shall not be required to send such communications to 28 voters in inactive status. The communication shall notify the voter in 29 bold print contained in such notice of the days and hours of the ensuing 30 primary and general elections, the place where he or she appears by his 31 or her registration records to be entitled to vote, and also in other 32 than bold type of the fact that voters who have moved or will have moved 33 from the address where they were last registered must either notify the 34 board of elections of his or her new address or vote by paper ballot at 35 the polling place for his or her new address even if such voter has not 36 re-registered, or otherwise notified the board of elections of the 37 change of address. If the primary will not be held on the first Tuesday 38 after the second Monday in September, the communication shall contain a 39 conspicuous notice in all capital letters and bold font notifying the 40 voter of the primary date. If the location of the polling place for the 41 voter's election district has been moved, the communication shall 42 contain the following legend in bold type: "YOUR POLLING PLACE HAS BEEN 43 CHANGED. YOU NOW VOTE AT..........". The communication shall indicate 44 that any registered voter may vote early by mail by applying for an 45 early mail ballot, and provide information on how to apply for an early 46 mail ballot. The communication shall also indicate whether the polling 47 place is accessible to physically disabled voters, that a voter who will 48 be out of the city or county on the day of the primary or general 49 election or a voter who is ill or physically disabled may obtain an 50 absentee ballot, that a physically disabled voter whose polling place is 51 not accessible may request that his registration record be moved to an 52 election district which has a polling place which is accessible, the 53 phone number to call for applications to move a registration record or 54 for early mail or absentee ballot applications, the phone number to call 55 for the location of registration and polling places, the phone number to 56 call to indicate that the voter is willing to serve on election day as 
 S. 7394--A 15 1 an election inspector, poll clerk, interpreter or in other capacities, 2 the phone number to call to obtain an application for registration by 3 mail, and such other information concerning the elections or registra- 4 tion as the board may include. In lieu of sending such communication to 5 every registered voter, the board of elections may send a single commu- 6 nication to a household containing more than one registered voter, 7 provided that the names of all such voters appear as part of the address 8 on such communication. 9 § 11. Subdivision 1 of section 4-119 of the election law, as amended 10 by chapter 992 of the laws of 1984, is amended to read as follows: 11 1. The board or body authorized to designate places for registration 12 in any city, other than the city of New York, shall publish on each day 13 of registration a list of the places for registration designated within 14 such city in two newspapers published in such city. The lists shall 15 refer to the election districts by their numbers and wards or assembly 16 districts. Such lists shall identify those polling places which do not 17 provide access to handicapped voters. The board of elections of the city 18 of New York shall publish in at least two newspapers in such city, a 19 notice, at least one-half page in size, in English and such other 20 languages as such board deems appropriate which shall set forth the 21 dates and hours of registration and the phone number to call for infor- 22 mation about location of polling places, their accessibility to the 23 handicapped, applications for early mail and absentee ballots and any 24 other subjects which such board deems appropriate. So far as is consist- 25 ent with the provisions of this section, one of such newspapers in each 26 such city or, in each county of the city of New York, shall represent 27 each of the major political parties and shall have a large circulation 28 affording wide publicity. If the newspaper is an evening newspaper the 29 notice shall be published on the last day, other than a Sunday, prior to 30 any such day of registration. 31 § 12. Subdivision 3 of section 4-120 of the election law, as amended 32 by chapter 359 of the laws of 1989, is amended to read as follows: 33 3. The board of elections of the city of New York shall publish on the 34 eighth day before and the day before each general election, in at least 35 two newspapers in such city, a notice, at least one-half page in size, 36 in English and such other languages as such board deems appropriate, 37 which sets forth the dates and hours of the election and the phone 38 number to call for information about the location of polling places, 39 their accessibility to the handicapped, applications for early mail and 40 absentee ballots and any other subjects which such board deems appropri- 41 ate. 42 § 13. Subdivision 9 of section 5-210 of the election law, as amended 43 by chapter 113 of the laws of 2023, is amended to read as follows: 44 9. The county board of elections shall, as soon as practicable and in 45 any event, not later than seven days after receipt by it of the applica- 46 tion, verify the identity of the applicant. In order to do so, the coun- 47 ty board of elections shall utilize the information provided in the 48 application and shall attempt to verify such information with the infor- 49 mation provided by the department of motor vehicles, social security 50 administration and any other lawful available information source. If the 51 county board of elections is unable to verify the identity of the appli- 52 cant within seven days of the receipt of the application, it shall imme- 53 diately take steps to confirm that the information provided by the 54 applicant was accurately utilized by such county board of elections, was 55 accurately verified with other information sources and that no data 56 entry error, or other similar type of error, occurred. Following 
 S. 7394--A 16 1 completion of the preceding steps, the county board of elections shall 2 mail (a) a notice of its approval, (b) a notice of its approval which 3 includes an indication that such board has not yet been able to verify 4 the identity of the applicant and a request for more information so that 5 such verification may be completed, or (c) a notice of its rejection of 6 the application to the applicant in a form approved by the state board 7 of elections. Notices of approval, notices of approval with requests for 8 more information or notices of rejection shall be sent by nonforwardable 9 first class or return postage guaranteed mail on which is endorsed such 10 language designated by the state board of elections to ensure postal 11 authorities do not forward such mail but return it to the board of 12 elections with forwarding information, when it cannot be delivered as 13 addressed and which contains a request that any such mail received for 14 persons not residing at the address be dropped back in the mail. The 15 voter's registration and enrollment shall be complete upon receipt of 16 the application by the appropriate county board of elections. The fail- 17 ure of a county board of elections to verify an applicant's identity 18 shall not be the basis for the rejection of a voter's application, 19 provided, however, that such verification failure shall be the basis for 20 requiring county board of elections to take the additional verification 21 steps provided by this chapter. The notice shall also advise the regis- 22 trant of the date when their registration and enrollment is effective, 23 of the date and the hours of the next regularly scheduled primary or 24 general election in which such registrant will be eligible to vote, of 25 the location of the polling place of the election district in which such 26 registrant is or will be a qualified voter, whether such polling place 27 is accessible to physically handicapped voters, an indication that any 28 registered voter may vote early by mail and information on how to obtain 29 an early mail ballot, that physically handicapped voters or voters who 30 are ill or voters who will be out of the city or county on the day of 31 the primary or general election, may obtain an absentee ballot and the 32 phone number to call for absentee ballot applications, the phone numbers 33 to call for location of polling places, to obtain registration forms and 34 the phone number to call to indicate that the voter is willing to serve 35 on election day as an inspector, poll clerk or interpreter. The notice 36 of approval, notice of approval with request for more information or 37 notice of rejection shall also advise the applicant to notify the board 38 of elections if there is any inaccuracy. The form of such mail notifica- 39 tion shall be prescribed by the state board of elections and shall 40 contain such other information and instructions as it may reasonably 41 require to carry out the purposes of this section. The request for more 42 information shall inform the voter that "THE FAILURE TO CONTACT THE 43 BOARD OF ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR 44 PROVIDE REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR 45 IDENTIFICATION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING 46 MACHINE." If such notice is returned undelivered without a new address, 47 the board shall forthwith send such applicant a confirmation notice 48 pursuant to the provisions of section 5-712 of this article and place 49 such applicant in inactive status. The state board of elections shall 50 prepare uniform notices by this section as provided for in subdivision 51 eight of section 3-102 of this chapter. 52 § 14. Subdivision 18 of section 5-211 of the election law, as amended 53 by section 1 of subpart M of part XX of chapter 55 of the laws of 2020, 54 is amended to read as follows: 55 18. (a) (i) On or before January first, two thousand twenty, all 56 institutions of the state university of New York and the city university 
 S. 7394--A 17 1 of New York shall create and make available to all students a webpage 2 for voter education on each such institution's website, containing a 3 link to an application for voter registration, a link to an application 4 for an [absentee] early mail ballot, contact information for the county 5 board of elections, and the name and contact information for the admin- 6 istrator responsible for voter registration assistance on each campus. 7 (ii) Each such institution shall, at the beginning of the school year, 8 and again in January of a year in which the president of the United 9 States is to be elected, provide an application for voter registration 10 and an application for an [absentee] early mail ballot to each student 11 in each such institution. Each institution shall be considered in 12 compliance with the requirements of this subparagraph for each student 13 to whom the institution electronically transmits a message containing 14 the link to the webpage for voter education, the link to an application 15 for voter registration and the link to an application for an [absentee] 16 early mail ballot, if such information is in an electronic message 17 devoted exclusively to voter registration. 18 (iii) Each such institution shall provide the same degree of assist- 19 ance as required of participating agencies. 20 (b) The state university of New York and the city university of New 21 York, on behalf of each institution within its system, shall on or 22 before June first, two thousand twenty, and each subsequent year, submit 23 a report disaggregated according to each institution to the state board 24 of elections that includes: 25 (i) the efforts of the institution to register voters in the preceding 26 calendar year; 27 (ii) a date-stamped screen shot of the webpage for voter education 28 that contains the required information under paragraph (a) of this 29 subdivision; 30 (iii) the number of students who were registered for course work in 31 the preceding twelve months at such institution and the number of clicks 32 on the links to online voter registration and [absentee] early mail 33 ballot applications; and 34 (iv) any other efforts or recommendations the institution plans to 35 implement to improve access to voter registration and [absentee] early 36 mail ballot voting for students at the institution. 37 (c) The state board of elections shall make the reports provided 38 pursuant to paragraph (b) of this subdivision publicly available on its 39 website. 40 § 15. Subdivision 5 of section 5-215 of the election law, as amended 41 by chapter 375 of the laws of 2015, is amended to read as follows: 42 5. If a veterans health administration hospital in which any veteran 43 entitled to vote in this state is a resident or patient, is located 44 outside the State of New York, an application for an early mail or 45 absentee ballot signed by such veteran or his or her spouse, parent or 46 child accompanying or being with him or her, if a qualified voter and a 47 resident of the same election district, shall constitute permanent 48 personal registration. 49 § 16. Subdivision 1 of section 5-502 of the election law, as amended 50 by chapter 510 of the laws of 1985, is amended to read as follows: 51 1. The board of elections shall furnish in time for use by the boards 52 of inspectors of election, the registration records, an American flag, a 53 map or certified description of the election district, and the adjoining 54 election districts, challenge affidavits, early mail ballot applica- 55 tions, absentee voting applications, a list of voters who are currently 56 registered in the election district, a list of those voters who have 
 S. 7394--A 18 1 been cancelled in the last year with the reason for such cancellations, 2 forms for statements of temporary absence, a sufficient number of copies 3 of the ballot proposals to be submitted to the voters at the ensuing 4 election, at least one copy of the instruction booklet for inspectors 5 and all other forms and supplies required for the administration of the 6 registration system as provided by this article. 7 § 17. Paragraph i of subdivision 3 of section 5-614 of the election 8 law, as added by chapter 24 of the laws of 2005, is amended to read as 9 follows: 10 i. allow local boards of elections, using their own systems, to 11 perform essential election functions including but not limited to proc- 12 essing of early mail voters, absentee voters, administration of poll 13 workers and polling places, assignment of election jurisdictions based 14 on residence and address and other functions necessary for the conduct 15 of elections using voter registration information from the official 16 statewide voter registration list. 17 § 18. Subdivision 2-a and subparagraph (ii) of paragraph (e) of subdi- 18 vision 3 of section 8-302 of the election law, subdivision 2-a as added 19 by chapter 763 of the laws of 2021, and subparagraph (ii) of paragraph 20 (e) of subdivision 3 as amended by chapter 113 of the laws of 2023, are 21 amended to read as follows: 22 2-a. If a voter's name appears in the ledger or computer generated 23 registration list with a notation indicating that the board of elections 24 has issued the voter an early mail, absentee, military or special 25 ballot, such voter shall not be permitted to vote on a voting machine at 26 an early voting site or on election day but may vote by affidavit 27 ballot. 28 (ii) They may swear to and subscribe an affidavit stating that they 29 have duly registered to vote, the address in such election district from 30 which they registered, that they remain a duly qualified voter in such 31 election district, that their registration poll record appears to be 32 lost or misplaced or that their name and/or their signature was omitted 33 from the computer generated registration list or such record indicates 34 the voter already voted when they did not do so or that they have moved 35 within New York state since they last registered, the address from which 36 they were previously registered and the address at which they currently 37 reside, and at a primary election, the party in which they are enrolled. 38 The inspectors of election shall offer such an affidavit to each such 39 voter whose residence address is in such election district. Each such 40 affidavit shall be in a form prescribed by the state board of elections, 41 shall be printed on an envelope of the size and quality used for an 42 [absentee] early mail ballot envelope, and shall contain an acknowledg- 43 ment that the affiant understands that any false statement made therein 44 is perjury punishable according to law. Such form prescribed by the 45 state board of elections shall request information required to register 46 such voter should the county board determine that such voter is not yet 47 registered and shall constitute an application to register to vote. The 48 voter's name and the entries required shall then be entered without 49 delay and without further inquiry in the fourth section of the challenge 50 report or in the place provided in the computer generated registration 51 list, with the notation that the voter has executed the affidavit 52 hereinabove prescribed, or, if such person's name appears in such regis- 53 tration list, the board of elections may provide a place to make such 54 entry next to their name in such list. The voter shall then, without 55 further inquiry, be permitted to vote an affidavit ballot provided for 56 by this chapter. Such ballot shall thereupon be placed in the envelope 
 S. 7394--A 19 1 containing their affidavit, and the envelope sealed and returned to the 2 board of elections in the manner provided by this chapter for protested 3 official ballots, including a statement of the number of such ballots. 4 § 19. Section 8-502 of the election law, as amended by chapter 373 of 5 the laws of 1978, is amended to read as follows: 6 § 8-502. Challenges; generally. Before his vote is cast at an election 7 any person may be challenged as to his right to vote, or his right to 8 vote by early mail, absentee, military, special federal or special pres- 9 idential ballot. Such challenge may be made by an inspector or clerk, by 10 any duly appointed watcher, or by any registered voter properly in the 11 polling place. An inspector shall challenge every person offering to 12 vote, whom he shall know or suspect is not entitled to vote in the 13 district, and every person whose name appears on the list of persons to 14 be challenged on election day which is furnished by the board of 15 elections. 16 § 20. The section heading and subdivision 1 of section 8-506 of the 17 election law, the section heading as amended by chapter 8 of the laws of 18 1978 and subdivision 1 as amended by chapter 40 of the laws of 2009, are 19 amended to read as follows: 20 Challenges; early mail, absentee, military, special federal and 21 special presidential ballots. 1. During the examination of early mail, 22 absentee, military, special federal and special presidential voters' 23 ballot envelopes, any inspector shall, and any watcher or registered 24 voter properly in the polling place may, challenge the casting of any 25 ballot upon the ground or grounds allowed for challenges generally, or 26 (a) that the voter was not entitled to cast an early mail, absentee, 27 military, special federal or special presidential ballot, or (b) that 28 notwithstanding the permissive use of titles, initials or customary 29 abbreviations of given names, the signature on the ballot envelope does 30 not correspond to the signature on the registration poll record, or (c) 31 that the voter died before the day of the election. A challenge to an 32 early mail ballot may not be made on the basis that the voter should 33 have applied for an absentee ballot. A challenge to an absentee ballot 34 may not be made on the basis that the voter should have applied for an 35 early mail ballot. 36 § 21. Subdivisions 1 and 3 of section 9-124 of the election law, as 37 amended by chapter 437 of the laws of 2019, are amended to read as 38 follows: 39 1. After the returns of the canvass are made out and signed, the 40 inspectors shall enclose the ballot stubs, protested and void ballots 41 and the ballots cast in affidavit envelopes in separate sealed envelopes 42 or containers and endorse thereon a certificate signed by each of them 43 stating the number of the district and the number of ballots contained 44 in such envelopes or containers. The inspectors shall enclose the 45 unscanned voted ballots canvassed in accordance with section 9-110 of 46 this title in a separate sealed envelope or container and endorse there- 47 on a certificate signed by each of them stating the number of the 48 district, ballot scanner identification information and the number of 49 ballots contained in such envelope or container. The inspectors shall 50 then package and seal the other voted ballots and place them in one or 51 more boxes or containers, and include within such boxes or containers 52 one portable memory device from each ballot scanner pursuant to para- 53 graph (d) of subdivision two of section 9-102 of this title, and any 54 early mail, absentee, military, special federal, or special presidential 55 ballots which may have been delivered to the poll site during election 56 day, and securely lock and seal such boxes or containers. Notwithstand- 
 S. 7394--A 20 1 ing the preceding sentence, such portable memory device from each ballot 2 scanner with the corresponding results tape may be enclosed in a sealed 3 container and transported prior to and separately from other materials 4 referenced in this section for the purpose of using such device to 5 provide an unofficial tally of results as required by section 9-126 of 6 this title. 7 3. (a) Except in the city of New York, the registration poll records 8 or computer generated registration lists, the returns of canvass with 9 results tapes and tally sheets, if any, annexed, the voted ballots, 10 stubs, opened packages of unused ballots and ballot envelopes, any early 11 mail, absentee, military, special federal, or special presidential 12 ballots which may have been delivered to the poll site during election 13 day, the challenge report records, keys and the package of protested and 14 void ballots shall be filed with the board of elections. 15 (b) Records and supplies to be filed with a city, town or village 16 clerk shall be so filed or delivered immediately after the completion of 17 the returns of the canvass, by an inspector designated by the board of 18 inspectors. Returns, papers and registration poll records or computer 19 generated registration lists to be filed with the board of elections 20 shall be so filed by the chairman of the board of inspectors within 21 twenty-four hours after the completion of such returns. The person 22 receiving such returns in the board of elections shall give to the 23 person delivering the returns a receipt stating therein the date and 24 hour of delivery, the name of the person making the delivery, and to 25 whom said returns were delivered and shall keep a duplicate of said 26 receipt on file in the office of the board of elections. 27 (c) In the city of New York, the board of inspectors shall deliver to 28 police or peace officers designated by the police commissioner of such 29 city, at the polling place the registration poll records or computer 30 generated registration lists, challenge report, records, keys, other 31 election supplies, including two copies of the returns of the canvass 32 and any early mail, absentee, military, special federal, or special 33 presidential ballots which may have been delivered to the poll site 34 during election day, voted ballots, stubs, open packages of unused 35 ballots and ballot envelopes. Such police or peace officers shall file 36 the returns, the package of void and protested ballots, if any, and the 37 early mail, absentee, military, special federal, or special presidential 38 ballots which may have been delivered to the poll site during election 39 day; and emergency ballots, stubs and ballot envelopes, if any, within 40 twenty-four hours after the close of the polls, in the office of the 41 board of elections or its branch office within the borough, as the case 42 may be. 43 § 22. The section heading and opening paragraph, subdivision 1, the 44 subdivision heading and opening paragraph of subdivision 2, paragraphs 45 (a) and (b) of subdivision 4, the subdivision heading and paragraph (f) 46 of subdivision 6, paragraphs (a) and (k) of subdivision 7, the subdivi- 47 sion heading and paragraph (a) of subdivision 8 and subdivision 9 of 48 section 9-209 of the election law, as added by chapter 763 of the laws 49 of 2021, are amended to read as follows: 50 Canvass of early mail, absentee, military and special ballots, and 51 ballots cast in affidavit envelopes. Before completing the canvass of 52 votes cast in any primary, general, special, or other election at which 53 voters are required to sign their registration poll records before 54 voting, the board of elections shall proceed in the manner hereinafter 55 prescribed to review, cast and canvass early mail, any absentee, mili- 56 tary, special presidential, special federal or other special ballots and 
 S. 7394--A 21 1 any ballots cast in affidavit envelopes. Each such ballot shall be 2 retained in the original envelope containing the voter's affidavit and 3 signature, in which it is delivered to the board of elections until such 4 time as it is to be reviewed, in order to be cast and canvassed. 5 1. Central board of canvassers. Within four days of the receipt of an 6 early mail, absentee, military or special ballot, the board of elections 7 shall designate itself or such of its employees as it shall deem appro- 8 priate as a set of poll clerks to review such ballot envelopes. The 9 board may designate additional sets of poll clerks and if it designates 10 more than one such set shall apportion among all such sets the election 11 districts from which such ballots have been received, provided that when 12 reviewing ballots, all ballots from a single election district shall be 13 assigned to a single set of clerks, and that each such set shall be 14 divided equally between representatives of the two major political 15 parties. Each such set of clerks shall be deemed a central board of 16 canvassers for purposes of this section. 17 Review of early mail, absentee, military and special ballot envelopes. 18 Within four days of the receipt of an early mail, absentee, military or 19 special ballot before the election, and within one day of receipt on or 20 after the election, each central board of canvassers shall examine the 21 ballot affirmation envelopes as nearly as practicable in the following 22 manner: 23 (a) Such central board of canvassers shall review any federal write-in 24 absentee ballots validly cast by an early mail voter, an absentee voter, 25 a military voter or a special federal voter for the offices of president 26 and vice-president, United States senator and representative in 27 congress. Such central board of canvassers shall also review any federal 28 write-in absentee ballots validly cast by a military voter for all ques- 29 tions or proposals, public offices or party positions for which a mili- 30 tary voter is otherwise eligible to vote as provided in section 10-104 31 of this chapter. 32 (b) Federal write-in absentee ballots shall be deemed valid only if: 33 (i) an application for an early mail, absentee, military or special 34 federal ballot was received from the early mail, absentee, military or 35 special federal voter; (ii) the federal write-in absentee ballot was 36 submitted from inside or outside the United States by a military voter 37 or was submitted from outside the United States by a special federal 38 voter; (iii) such ballot is received by the board of elections not later 39 than thirteen days following the day of election or seven days after a 40 primary election; and (iv) the early mail, absentee, military or special 41 federal ballot which was sent to the voter is not received by the board 42 of elections by the thirteenth day following the day of a general or 43 special election or the seventh day after a primary election. 44 Casting and canvassing of early mail, absentee, military and special 45 ballots. 46 (f) Upon completing the casting and canvassing of any remaining valid 47 ballots as hereinabove provided for any election district, the central 48 board of canvassers shall thereupon, as nearly as practicable in the 49 manner provided in this article for early mail, absentee, military and 50 special ballots, verify the number of ballots so cast, tally the votes 51 so cast, add such tally to the previous tally of all votes cast in such 52 election district, and record the result. 53 (a) Within four business days of the election, the board of elections 54 shall review all affidavit ballots cast in the election. If the central 55 board of canvassers determines that a person was entitled to vote at 56 such election it shall cast and canvass such affidavit ballot; provided, 
 S. 7394--A 22 1 however, if the board of elections receives one or more timely early 2 mail or absentee ballots from a voter who also cast an affidavit ballot 3 at a poll site, the last such timely early mail or absentee ballot 4 received shall be canvassed and the affidavit ballot shall be set aside 5 unopened; and provided further, if a voter was issued an early mail or 6 absentee ballot and votes in person via an affidavit ballot and the 7 board does not receive such early mail or absentee ballot, the affidavit 8 ballot shall be canvassed if the voter is otherwise qualified to vote in 9 such election. 10 (k) The board of elections shall enter information into the ballot 11 tracking system, as defined in [section] sections 8-414 and 8-712 of 12 this chapter, to allow a voter who cast a ballot in an early voting or 13 affidavit envelope to determine if the vote was counted. 14 Post-election review of invalid early mail, absentee, military and 15 special ballots. (a) Within four business days of the election, the 16 board of elections shall designate itself or such of its employees to 17 act as a central board of canvassers as provided in subdivision one of 18 this section and meet to review early mail, absentee, military and 19 special ballots determined to be invalid pursuant to paragraph (a) of 20 subdivision two of this section, ballot envelopes that were returned to 21 the board as undeliverable, and ballot envelopes containing one or more 22 curable defects that have not been timely cured. 23 9. State board of elections; powers and duties for canvassing of early 24 mail, absentee, military, special and affidavit ballots. The state board 25 of elections shall promulgate rules and regulations necessary for the 26 implementation of the provisions of this section. Such rules and regu- 27 lations shall include, but not be limited to, provisions to (a) ensure 28 an efficient and fair review process that respects the privacy of the 29 voter, (b) ensure the security of the central count scanners used before 30 election day, and (c) ensure that ballots cast as provided in this 31 section are canvassed and counted as if cast on election day. 32 § 23. Section 10-122 of the election law, the section heading as 33 amended by chapter 373 of the laws of 1978, is amended to read as 34 follows: 35 § 10-122. Military voter; early mail or absentee ballot, right to. Any 36 military voter may vote by early mail ballot or absentee ballot rather 37 than military ballot provided that he complies with the provisions of 38 this chapter relating thereto. 39 § 24. Subdivision 2 of section 10-124 of the election law, as added by 40 chapter 262 of the laws of 2003, is amended to read as follows: 41 2. The state board of elections shall be responsible for providing 42 information regarding voter registration procedures and [absentee] 43 ballot procedures applicable to military and special federal voters 44 wishing to register or vote in any jurisdiction of the state. 45 § 25. Section 11-300 of the election law, as amended by chapter 163 of 46 the laws of 2010, is amended to read as follows: 47 § 11-300. Special ballots on account of religious scruples. A voter 48 may deliver to the inspectors of election of the election district in 49 which he is registered, or to the board of elections, at any time during 50 the period in which an application for early mail or absentee ballot may 51 be so delivered pursuant to the provisions of this chapter, a written 52 statement of religious scruples against voting at a polling place 53 located in a premises used for religious purposes. In the event the 54 polling place for any such voter's election district shall be located in 55 a premises used for religious purposes, the board of elections shall 56 permit such voter to cast a special ballot, at an office of such board 
 S. 7394--A 23 1 of elections, not earlier than one week before the election and not 2 later than the close of the polls on election day. Such ballots shall be 3 retained at the board of elections and cast and canvassed pursuant to 4 the provisions of section 9-209 of this chapter. 5 § 26. Subdivision 1 of section 11-306 of the election law, as amended 6 by chapter 150 of the laws of 2019, is amended to read as follows: 7 1. A voter may deliver to the board of elections, in person or by 8 mail, at any time during the period in which early mail or absentee 9 ballot applications may be delivered, a signed written statement swear- 10 ing or affirming: 11 (a) that he or she is the victim of domestic violence; 12 (b) that he or she has left his or her residence because of such 13 violence; and 14 (c) that because of the threat of physical or emotional harm to 15 himself or herself or to family or household members, he or she wishes 16 to cast a special ballot in the next election. The statement must 17 include the voter's address of registration. The board of elections 18 shall permit such a voter to cast a special ballot at an office of such 19 board of elections not later than the close of the polls on election 20 day, or by mail within the same time and in the same manner in which 21 early mail or absentee ballots may be cast, provided however that the 22 distribution of such ballots to such voters shall be timed to afford 23 such voters sufficient time to cast such ballots prior to the close of 24 the polls on election day. Such ballots shall be retained at the board 25 of elections and cast and canvassed pursuant to the provisions of 26 section 9-209 of this chapter. 27 § 27. Subdivisions 1 and 2 of section 11-308 of the election law, as 28 added by chapter 485 of the laws of 2016, are amended to read as 29 follows: 30 1. A registered voter who serves as an emergency responder in times of 31 emergency, as declared by the governor or a court of competent jurisdic- 32 tion, may apply to the board of elections by letter or special applica- 33 tion via mail, facsimile or e-mail, for a special ballot. Such applica- 34 tion or letter may be delivered to the board of elections at any time 35 prior to any election, without regard to deadlines for the receipt of 36 early mail or absentee ballot applications. 37 2. Emergency responders may utilize an early mail or absentee ballot 38 application to request a special ballot, or may file a written statement 39 that he or she will be unable to appear at the polling place on the day 40 of an election because his or her duties as an emergency responder 41 require such voter to be elsewhere. The emergency responder shall desig- 42 nate a preference for the receipt of a special ballot. The board of 43 elections shall provide such voter a special ballot immediately upon 44 such request, and shall utilize overnight express delivery for such mail 45 ballot delivery. If the designated preference is for facsimile or elec- 46 tronic transmission, the ballot shall be furnished in the same manner 47 applicable to military voters who request ballots in such format. 48 § 28. Section 15-100 of the election law, as amended by chapter 359 of 49 the laws of 1989, is amended to read as follows: 50 § 15-100. Application of article. This article applies to all general 51 and special village elections for officers and all the provisions of 52 this chapter, not inconsistent with this article, shall apply to all 53 village elections, except that if a village has adopted a resolution 54 pursuant to paragraph c of subdivision one of section 15-104 of this 55 article, the other provisions of this chapter governing the conduct of 56 elections and proceedings relating thereto, including the manner and 
 S. 7394--A 24 1 times for making nominations and proceedings relating to early mail and 2 absentee voting, and the provisions of this article not inconsistent 3 with other provisions of this chapter shall apply to such elections. 4 § 29. Subdivision 8 of section 15-118 of the election law, as amended 5 by chapter 217 of the laws of 1992, is amended to read as follows: 6 8. The village clerk shall furnish the inspectors of election, at 7 village expense, with all necessary registration books, papers, equip- 8 ment and supplies. The village clerk shall also deliver to the inspec- 9 tors a list of all persons who have applied for early mail or absentee 10 ballots for the election for which the registration meeting is being 11 held. 12 § 30. Subdivisions 1 and 5 of section 16-106 of the election law, as 13 amended by chapter 763 of the laws of 2021, are amended to read as 14 follows: 15 1. The post-election refusal to cast: (a) challenged ballots, blank 16 ballots, or void ballots; (b) early mail, absentee, military, special, 17 or federal write-in ballots; (c) emergency ballots; and (d) ballots 18 voted in affidavit envelopes may be contested in a proceeding instituted 19 in the supreme or county court, by any candidate or the chairman of any 20 party committee, and by any voter with respect to the refusal to cast 21 such voter's ballot, against the board of canvassers of the returns from 22 such district, if any, and otherwise against the board of inspectors of 23 election of such district. If the court determines that the person who 24 cast such ballot was entitled to vote at such election, it shall order 25 such ballot to be cast and canvassed, including if the court finds that 26 ministerial error by the board of elections or any of its employees 27 caused such ballot envelope not to be valid on its face. 28 5. In the event procedural irregularities or other facts arising 29 during the election suggest a change or altering of the canvass sched- 30 ule, as provided for in section 9-209 of this chapter, may be warranted, 31 a candidate may seek an order for temporary or preliminary injunctive 32 relief or an impound order halting or altering the canvassing schedule 33 of early mail, absentee, military, special or affidavit ballots. Upon 34 any such application, the board or boards of elections have a right to 35 be heard. To obtain such relief, the petitioner must meet the criteria 36 in article sixty-three of the civil practice law and rules and show by 37 clear and convincing evidence, that, because of procedural irregulari- 38 ties or other facts arising during the election, the petitioner will be 39 irreparably harmed absent such relief. For the purposes of this section, 40 allegations that opinion polls show that an election is close is insuf- 41 ficient to show irreparable harm to a petitioner by clear and convincing 42 evidence. 43 § 31. Subdivision 4 of section 16-108 of the election law is amended 44 to read as follows: 45 4. Such court, justice or judge, in a proceeding instituted by any 46 voter unlawfully denied an early mail or absentee ballot or the applica- 47 tion therefor, shall compel, by order, the delivery to such voter of a 48 ballot or application. 49 § 32. Subdivision 8 of section 17-132 of the election law is amended 50 and a new closing paragraph is added to read as follows: 51 8. Fraudulently signs the name of another upon an early mail or absen- 52 tee voter's envelope or aids in doing or attempting to do a fraudulent 53 act in connection with an early mail or absentee vote cast or attempted 54 to be cast; or, 
 S. 7394--A 25 1 § 33. Paragraph (b) of subdivision 1 of section 17-212 of the election 2 law, as added by chapter 226 of the laws of 2022, is amended to read as 3 follows: 4 (b) A violation of paragraph (a) of this subdivision shall be estab- 5 lished if: 6 (i) a person uses or threatens to use any force, violence, restraint, 7 abduction or duress, or inflicts or threatens to inflict any injury, 8 damage, harm or loss, or in any other manner practices intimidation that 9 causes or will reasonably have the effect of causing any person to vote 10 or refrain from voting in general or for or against any particular 11 person or for or against any proposition submitted to voters at such 12 election; to place or refrain from placing their name upon a registry of 13 voters; or to request or refrain from requesting an early mail or absen- 14 tee ballot; or 15 (ii) a person knowingly uses any deceptive or fraudulent device, 16 contrivance or communication, that impedes, prevents or otherwise inter- 17 feres with the free exercise of the elective franchise by any person, or 18 that causes or will reasonably have the effect of causing any person to 19 vote or refrain from voting in general or for or against any particular 20 person or for or against any proposition submitted to voters at such 21 election; to place or refrain from placing their name upon a registry of 22 voters; or to request or refrain from requesting an early mail or absen- 23 tee ballot; or 24 (iii) a person obstructs, impedes, or otherwise interferes with access 25 to any polling place or elections office, or obstructs, impedes, or 26 otherwise interferes with any voter in any manner that causes or will 27 reasonably have the effect of causing any delay in voting or the voting 28 process, including the canvassing and tabulation of ballots. 29 § 34. Subdivision 1 of section 1512 of the education law, as amended 30 by chapter 461 of the laws of 1996, is amended to read as follows: 31 1. Such meeting shall be organized as provided in section fifteen 32 hundred twenty-three. Such meeting may adopt a resolution to consolidate 33 such districts if two-thirds of the qualified electors of each district 34 having less than fifteen of such electors are present, or in case of 35 districts having fifteen or more qualified electors if ten or more are 36 present. The vote upon such resolution shall be by ballot or by taking 37 and recording the ayes and noes. If the vote shall be by taking and 38 recording the ayes and noes, the clerk and such assistants as may be 39 provided for him by the meeting shall keep a poll-list upon which shall 40 be recorded the names of all qualified electors voting upon the resol- 41 ution, the districts in which such electors reside, and how each elector 42 voted. If the vote shall be by ballot, one or more inspectors of 43 election shall be appointed in such manner as the meeting shall deter- 44 mine, who shall receive the votes cast, canvass the same and announce 45 the result of the ballot to the chairman. If the vote shall be by 46 ballot then voting machines may be used in the manner prescribed by 47 section two thousand thirty-five of this [chapter] title and provision 48 shall be made for absentee ballots as provided in section two thousand 49 eighteen-a or two thousand eighteen-b of this [chapter] title, whichever 50 shall apply, and early mail ballots as provided in section two thousand 51 eighteen-e or two thousand eighteen-f of this title, whichever shall 52 apply. If it shall appear that a majority of the qualified electors 53 present and voting from each district are in favor of such resolution, 54 it shall be declared adopted and where at least one of the districts 55 consolidated is a union free school district it shall be lawful for such 56 meeting thereafter to proceed to the election of a board of education as 
 S. 7394--A 26 1 provided in sections seventeen hundred two and seventeen hundred four of 2 this [chapter] title. If a majority of the qualified electors present 3 and voting from each district are not in favor of such resolution, all 4 further proceedings at such meeting, except a motion to reconsider or 5 adjourn, shall be dispensed with and no such meeting shall be again 6 called within one year thereafter. 7 § 35. Subdivision 5 of section 1522 of the education law, as amended 8 by chapter 461 of the laws of 1996, is amended to read as follows: 9 5. Whenever fifteen persons, entitled as aforesaid, from each of two 10 or more adjoining districts, shall unite in a request for a meeting of 11 the inhabitants of such districts, to determine whether such districts 12 shall be consolidated by the establishment of a union free school 13 district therein, it shall be the duty of the trustees of such 14 districts, or a majority of them, to submit such proposed consolidation 15 to the commissioner of education for approval. If the commissioner 16 approve such proposed consolidation, it shall be the duty of such trus- 17 tees, or a majority of them, to give public notice of such meeting, at 18 some convenient place within such districts, and as central as may be, 19 within the time and to be published and served in the manner set forth 20 in this section, in each of such districts and to provide for the use of 21 absentee ballots as provided under section two thousand eighteen-a or 22 two thousand eighteen-b of this [chapter] title, whichever shall apply, 23 and early mail ballots as provided in section two thousand eighteen-e or 24 two thousand eighteen-f of this title, whichever shall apply. 25 § 36. Subdivision 1 of section 1524 of the education law, as amended 26 by chapter 461 of the laws of 1996, is amended to read as follows: 27 1. Notwithstanding the provisions of this chapter or any other gener- 28 al, special, or local law to the contrary, whenever the qualified voters 29 of a school district which is contiguous to the city school district of 30 a city with less than one hundred twenty-five thousand inhabitants, 31 according to the latest federal census, by a majority vote taken at an 32 annual or special meeting of such district shall adopt a proposition to 33 consolidate such school district with such city school district, and the 34 board of education of such city school district shall by resolution duly 35 adopted consent thereto, the commissioner of education may by order 36 consolidate such school district with such city school district; 37 provided, however, that where several school districts are contiguous to 38 each other and at least one of such school districts is contiguous to 39 such city school district, such vote may be taken in each of such school 40 districts at the same time, and if the proposition to consolidate is 41 adopted by a majority vote in each such district, including any votes 42 cast by absentee ballot as provided under section two thousand eigh- 43 teen-a or two thousand eighteen-b of this [chapter] title, whichever 44 shall apply, and any votes cast by early mail ballots as provided in 45 section two thousand eighteen-e or two thousand eighteen-f of this 46 title, whichever shall apply, and upon the consent of the city school 47 district board of education, the commissioner of education may include 48 each such district in one order of consolidation; provided, further, 49 however, that if the proposition to consolidate is not adopted by a 50 majority vote in each such district, but is so adopted in one or more of 51 such districts, upon the consent of the city school district board of 52 education, the commissioner may include in one order of consolidation 53 only such district or districts as, either singly or as a group, are 54 contiguous to such city school district. Such order shall specify a date 55 on which the same shall take effect, and shall have the same effect as 56 an order made by a district superintendent dissolving two or more common 
 S. 7394--A 27 1 school districts and forming a new district therefrom, or dissolving one 2 or more common school districts and uniting the territory thereof to a 3 union free school district under the provisions of article thirty-one of 4 this [chapter] title. A copy of such order shall be filed with the 5 clerk of each school district affected thereby. 6 § 37. Subdivision 5 of section 1803 of the education law, as amended 7 by chapter 461 of the laws of 1996, is amended to read as follows: 8 5. Votes upon the adoption of a resolution shall be cast in the same 9 manner as votes for the election of school district trustees. The 10 commissioner of education may order such modifications in the manner of 11 voting as are customary for school district elections in the community 12 affected by such vote. Such modifications may include the use of voting 13 machines and shall include the use of absentee ballots as provided under 14 section two thousand eighteen-a or two thousand eighteen-b of this 15 [chapter] title, whichever shall apply, and early mail ballots as 16 provided in section two thousand eighteen-e or two thousand eighteen-f 17 of this title, whichever shall apply. 18 § 38. Paragraph f of subdivision 2 of section 1803-a of the education 19 law, as added by chapter 461 of the laws of 1996, is amended to read as 20 follows: 21 f. Provision shall be made for the use of absentee ballots as provided 22 under section two thousand eighteen-a or two thousand eighteen-b of this 23 [chapter] title, whichever shall apply, and early mail ballots as 24 provided under section two thousand eighteen-e or two thousand eigh- 25 teen-f of this title, whichever shall apply. 26 § 39. Subdivision 2 of section 1951 of the education law is amended by 27 adding a new paragraph t to read as follows: 28 t. The board of cooperative educational services shall provide early 29 mail ballots to qualified voters. The commissioner shall adopt regu- 30 lations for the purposes of implementing the provisions of this para- 31 graph which shall include, but not be limited to, creating the procedure 32 for which such early mail ballots shall be submitted; providing that 33 such early mail ballots shall be, as nearly as practicable, in the same 34 form as those voted at the district election; requiring that any early 35 mail ballot applicant is or will be, on the day of the vote, a qualified 36 voter of the board of cooperative educational services and that he or 37 she will be on such date over eighteen years of age, a citizen of the 38 United States and has or will have resided in said district for thirty 39 days next preceding such date; and providing instructions as to the 40 proper marking thereof. 41 § 40. Subdivision 7 of section 2004 of the education law, as added by 42 chapter 219 of the laws of 1978, is amended to read as follows: 43 7. Such notice shall also state that applications for early mail and 44 absentee ballots for election of board members may be applied for at the 45 office of the clerk of the district. Such notice, in such case, shall 46 further state that a list of all persons to whom early mail and absentee 47 ballots shall have been issued, will be available in the said office of 48 the clerk on each of the five days prior to the day of the election 49 except Sundays, and that such list will also be posted at the polling 50 place or places at the election of members of the board of education. 51 § 41. Subdivision 6 of section 2018-a of the education law, as amended 52 by chapter 29 of the laws of 2000, is amended to read as follows: 53 6. The board of registration shall make a list of all persons to whom 54 absentee voter's ballots shall have been issued and file such list in 55 the office of the clerk where it shall be available for public 56 inspection during regular office hours until the day of the election. 
 S. 7394--A 28 1 Any qualified voter may, upon examination of such list, file a written 2 challenge of the qualifications as a voter of any person whose name 3 appears on such list, stating the reasons for such challenge. A chal- 4 lenge to an absentee ballot may not be made on the basis that the voter 5 should have applied for an early mail ballot. Such written challenge 6 shall be transmitted by the clerk to the inspectors of election on 7 election day. 8 § 42. Subdivisions 3 and 7 of section 2018-b of the education law, 9 subdivision 3 as amended by chapter 46 of the laws of 1992 and subdivi- 10 sion 7 as amended by chapter 29 of the laws of 2000, are amended to read 11 as follows: 12 3. If, upon examining the application required under the provisions of 13 subdivision two of this section, and upon such inquiry as it deems prop- 14 er, the clerk of the school district or designee of the trustees or 15 school board shall be satisfied that the applicant is a qualified voter 16 of the district, and entitled to vote by absentee ballot, such clerk of 17 the school district or designee of the trustees or school board shall 18 cause to be issued or mailed to the applicant an absentee voter's ballot 19 and the clerk of the school district or designee of the trustees or 20 school board shall make an appropriate entry on the poll list pursuant 21 to section two thousand twenty-nine of this [article] part. 22 7. The clerk of the school district or designee of the trustees or 23 school board shall make a list of all persons to whom absentee voter's 24 ballots shall have been issued and maintain such list where it shall be 25 available for public inspection during regular office hours until the 26 day of the election. Any qualified voter may, upon examination of such 27 list, file a written challenge of the qualifications as a voter of any 28 person whose name appears on such list, stating the reasons for such 29 challenge. A challenge to an absentee ballot may not be made on the 30 basis that the voter should have applied for an early mail ballot. Such 31 written challenge shall be transmitted by the clerk or the designee of 32 the trustees or school board to the inspectors of election on election 33 day. 34 § 43. The education law is amended by adding a new section 2018-e to 35 read as follows: 36 § 2018-e. Early mail ballots for school district elections. 1. The 37 board of education of any union free, central or central high school 38 district which elects school board members by ballot and provides for 39 personal registration of voters, shall provide for early mail ballots 40 for the election of members of the board of education and school 41 district public library trustees, the adoption of the annual budget and 42 school district public library budget and referenda, in accordance with 43 the provisions of this section. 44 1-a. In counties with a population of one million or more, the board 45 of education of any union free, central or central high school district 46 which elects school board members by ballot and provides for personal 47 registration of voters shall provide for early mail ballots for the 48 election of members of the board of education and school district public 49 library trustees, the adoption of the annual budget and school district 50 public library budget and referenda, in accordance with the provisions 51 of this section. 52 2. a. A qualified voter may vote as an early mail voter under this 53 section. 54 b. Each person entitled to vote as an early mail voter pursuant to 55 this section and desirous of obtaining an early mail ballot shall make 56 written application therefor to the district clerk. Application forms 
 S. 7394--A 29 1 for use pursuant to this section shall be in a form prescribed by the 2 state board of elections. The use of any application which is on a form 3 prescribed by the state board of elections shall be acceptable. 4 c. The application for an early mail ballot when filed must contain in 5 each instance the following information: 6 (1) Applicant's full name, date of birth, and residence address, 7 including the street and number, if any, rural delivery route, if any, 8 mailing address if different from the residence address and an address 9 to which the ballot shall be mailed. 10 (2) A statement that the applicant is a qualified and registered 11 voter. 12 d. Such application shall include the following statement to be signed 13 by the voter: 14 I hereby declare that the foregoing is a true statement to the best of 15 my knowledge and belief, and I understand that if I make any material 16 false statement in the foregoing statement of application for early mail 17 ballot, I shall be guilty of a misdemeanor. 18 Date.....................Signature of Voter ............................ 19 e. An application must be received by the district clerk no earlier 20 than the thirtieth day before the election for which an early mail 21 ballot is sought. If the application requests that the early mail ballot 22 be mailed, such application must be received not later than seven days 23 before the election. If the applicant or their agent delivers the appli- 24 cation to the district clerk in person, such application must be 25 received not later than the day before the election. The district clerk 26 shall examine each application and shall determine from the information 27 contained therein whether the applicant is qualified under this section 28 to receive an early mail ballot. 29 f. No later than six days before the election for which an application 30 has been received and for which the district clerk has determined the 31 applicant to be qualified to vote by early mail ballot the district 32 clerk shall mail, by regular mail, an early mail ballot to each quali- 33 fied applicant who has applied before such day and who has requested 34 that such early mail ballot be mailed to him or her at the address set 35 forth in their application. If the applicant or their agent delivers the 36 application to the district clerk in person after the seventh day before 37 the election and not later than the day before the election, the 38 district clerk shall forthwith deliver such early mail ballots for those 39 applicants whom he or she determines are qualified to make such applica- 40 tions and to receive such ballots to such applicants or the agents named 41 in the applications when such applicants or agents appear in the 42 district clerk's office. 43 3. If, upon examining the application required under the provisions of 44 subdivision two of this section, and upon such inquiry as it deems prop- 45 er, the board of registration shall be satisfied that the applicant is a 46 qualified voter of the district entitled to vote by early mail ballot, 47 such board shall place their name upon the register, thereupon the 48 applicant shall be issued or mailed an early mail voter's ballot and the 49 board of registration shall make an appropriate entry on the register 50 indicating that an early mail ballot has been applied for by, and issued 51 to, the applicant. 52 4. Ballots for early mail voters shall be, as nearly as practicable, 53 in the same form as those to be voted at the district election; if the 54 vote at such election shall be by ballot, the early mail ballot shall 55 conform to the regular ballot; if the vote of such election shall be by 56 voting machine, the early mail ballot shall conform as closely as possi- 
 S. 7394--A 30 1 ble to the manner in which the names of the candidates, the questions 2 and the propositions appear on the voting machines, except that the 3 early mail ballot shall also contain a space for a write-in or write- 4 ins. Such early mail ballots shall also contain instructions as to the 5 proper marking thereof, in accordance with the provisions of sections 6 two thousand thirty-two and two thousand thirty-four of this part. On 7 the back of such early mail ballots shall be printed the words "Official 8 Ballot, Early Mail Voter". 9 5. a. The board of registration shall enclose each early mail voter's 10 ballot in an envelope which shall be labelled: 11 ELECTION MATERIAL 12 PLEASE EXPEDITE 13 On one side of such envelope shall be printed: 14 OFFICIAL BALLOT, EARLY MAIL VOTER 15 for 16 School District Election 17 Name of Voter .............. 18 Residence (street and number, if any) ...... 19 City (or Town) of ............. 20 County of ................. 21 School District .............. 22 School Election District (if applicable) ...... 23 The date of the election and name of the school district shall be 24 printed, and the name of the voter, residence, school district and 25 school election district (if applicable) shall be written in by the 26 board of registration. 27 b. On the reverse side of such envelope shall be printed the following 28 statement: 29 STATEMENT OF EARLY MAIL VOTER 30 I do declare that I am a citizen of the United States, and will be at 31 least eighteen years of age, on the date of the school district 32 election; that I will have been a resident of this state and of the 33 school district and school election district, if any, shown on the 34 reverse side of this envelope for thirty days next preceding the said 35 election and duly registered in the school district and school election 36 district, if any, shown on the reverse side of this envelope and that I 37 am or on such date will be, a qualified voter of said school district; 38 that I have not qualified, or do I intend to vote, elsewhere than as set 39 forth on the reverse side of this envelope; that I have not received or 40 offered, do not expect to receive, have not paid, offered or promised to 41 pay, contributed, offered or promised to contribute to another to be 42 paid or used, any money or other valuable thing, as a compensation or 43 reward for the giving or withholding of a vote at this school district 44 election, and have not made any promise to influence the giving or with- 45 holding of any such votes; that I have not made or become directly or 46 indirectly interested in any bet or wager depending upon the result of 47 this school district election; and that I have not been convicted of 48 bribery or any infamous crime, or, if so convicted, that I have been 49 pardoned or restored to all the rights of a citizen, without restriction 50 as to the right of suffrage, or received a certificate of relief from 51 disabilities or a certificate of good conduct pursuant to article twen- 52 ty-three of the correction law removing my disability to register and 53 vote. 54 I hereby declare that the foregoing is a true statement to the best of 55 my knowledge and belief, and I understand that if I make any material 
 S. 7394--A 31 1 false statement in the foregoing statement of early mail voter, I shall 2 be guilty of a misdemeanor. 3 Date ................... Signature of Voter ............................ 4 c. The envelope shall be gummed, ready for sealing, and shall have 5 printed thereon, on the side opposite the statement, instructions as to 6 the duties of the voter after the marking of the ballot, which 7 instructions shall include a specific direction stating that the envel- 8 ope must reach the office of the clerk of the school district not later 9 than five P.M. on the day of the election in order that their vote may 10 be canvassed. 11 d. A person who shall make any material false statement in the state- 12 ment of early mail voter appearing on the reverse side of the envelope 13 as provided in this subdivision, shall be guilty of a misdemeanor. 14 6. The board of registration shall make a list of all persons to whom 15 early mail voter's ballots shall have been issued and file such list in 16 the office of the clerk where it shall be available for public 17 inspection during regular office hours until the day of the election. 18 Any qualified voter may, upon examination of such list, file a written 19 challenge of the qualifications as a voter of any person whose name 20 appears on such list, stating the reasons for such challenge. A chal- 21 lenge to an early mail voter may not be made on the basis that the voter 22 should have applied for an absentee ballot. Such written challenge shall 23 be transmitted by the clerk to the inspectors of election on election 24 day. 25 7. a. The board of registration shall be authorized to call upon the 26 commissioner of police and the officers and members of the police force 27 for such assistance in the enforcement of the provisions of this section 28 as such board shall require, and such commissioner and officers and 29 members of the police force shall be authorized to render such assist- 30 ance. 31 b. The board of registration may require any person to attend before 32 it at the office of the clerk of the school district and be examined by 33 the board as to any matter in relation to which such board is charged 34 with a duty under this section, and may issue a subpoena therefor. Each 35 member of such board shall be authorized to administer any oath that may 36 be required or authorized by law in this connection. 37 8. No early mail voter's ballot shall be canvassed, unless it shall 38 have been received in the office of the clerk of the school district not 39 later than five P.M. on the day of the election. 40 9. The clerk of the district shall, on the day of the election, trans- 41 mit all early mail voters' envelopes, received by them in accordance 42 with subdivision eight of this section, to the inspectors of election. 43 10. If, at the school district election, any early mail voters' envel- 44 opes shall have been received at the polling place, the inspectors of 45 election immediately after the closing of the polls shall examine them, 46 and shall compare the signature, if any, on each envelope with the 47 signature, if any, on the register, of the person of the same name who 48 registered from the same address. If the signatures are found to corre- 49 spond, the inspectors shall certify thereto by signing their initials 50 opposite the name of the voter at the appropriate place in the register. 51 If a person whose name is on an envelope as a voter, shall have already 52 voted in person at such school district election, or if their name, 53 residence and signature, as stated on the envelope, are not on the 54 register, or if there is no signature on the envelope, this envelope 55 shall be laid aside unopened and be returned unopened to the clerk of 56 the district. If such person is found to be registered and has not so 
 S. 7394--A 32 1 voted in person, and if no objection is made, or if an objection made be 2 not sustained, the envelope shall be opened and the ballot withdrawn 3 without unfolding and deposited in the proper box or boxes. At the time 4 of the deposit of such ballot, the inspectors shall enter the words 5 "early mail vote" at an appropriate place in the register. 6 11. During such examination any qualified voter present in the polling 7 place may object to the voting of the ballot contained in any envelope 8 upon the ground or grounds that the person named thereon is not a quali- 9 fied voter of the school district, or school election district (where 10 applicable). An inspector shall make such an objection if he shall know 11 or suspect that the person named on such envelope is not such a quali- 12 fied voter. The inspectors of election shall forthwith proceed to deter- 13 mine each objection including any written challenge transmitted to them 14 by the district clerk as provided in subdivision six of this section. 15 Unless the inspectors, by majority vote, shall sustain the objection, 16 the chairman, or if he refuses, another inspector shall endorse upon the 17 envelope the objection and the words "not sustained," shall sign such 18 endorsement, and shall open the envelope and deposit the ballot as 19 provided in this section. Should the inspectors, by majority vote, 20 sustain such objection, the objection and word "sustained" shall be 21 similarly endorsed upon the envelope, the envelope shall not be opened 22 nor the ballots therein canvassed, and such envelope shall be returned 23 unopened to the clerk of the district. If the inspectors of election 24 shall have received an envelope endorsed with the name of a person who 25 to the knowledge of the inspectors is deceased on the day of the 26 election, the inspectors shall return such envelope unopened to the 27 clerk of the district with the words "deceased--objection sustained" 28 endorsed on the envelope. 29 12. If the inspectors of election shall have received an envelope, and 30 upon opening the same no ballot shall be found therein, the inspectors 31 shall make a memorandum showing that the ballot is missing. When the 32 casting of early mail voters' ballots shall have been completed, the 33 inspectors shall ascertain the number of such ballots which have been 34 deposited in the ballot box by deducting from the number of envelopes 35 opened the number of missing ballots, and shall make a separate return 36 thereof in duplicate. The number of early mail voters' ballots deposited 37 in the ballot box shall be added to the number of other ballots deposit- 38 ed in the ballot box in order to determine the number of all ballots to 39 be accounted for in the ballot box. Such ballots shall then be counted 40 or canvassed by the inspectors of election along with the other ballots 41 cast at such school district election, or, where voting machines are 42 used, shall be added to the votes recorded on such machines. 43 13. Where the district shall have been divided into school election 44 districts pursuant to the provisions of this chapter, the provisions of 45 this section shall be applicable, provided that any reference in this 46 section to the term "board of registration" shall in such case refer to 47 the board of registration appointed by the board of education for each 48 school election district, except that paragraph b of subdivision seven 49 of this section shall apply according to its terms. 50 § 44. The education law is amended by adding a new section 2018-f to 51 read as follows: 52 § 2018-f. Early mail ballots for school district elections by poll 53 registration. 1. Notwithstanding the provisions of sections two thousand 54 fourteen and two thousand eighteen-e of this part, the trustees or the 55 board of education of any common, union free, central or central high 56 school district which does not provide for the personal registration of 
 S. 7394--A 33 1 voters for school district meetings and elections but which elects trus- 2 tees or school board members by ballot, shall provide for early mail 3 ballots for the election of the trustees or members of the board and 4 school district public library trustees, the adoption of the annual 5 budget and school district public library budget and referenda. 6 1-a. Notwithstanding the provisions of sections two thousand fourteen 7 and two thousand eighteen-e of this part, in any county with a popu- 8 lation of one million or more, the trustees or the board of education of 9 any common, union free, central or central high school district which 10 does not provide for the personal registration of voters for school 11 district meetings and elections but which elects trustees or school 12 board members by ballot shall provide for early mail ballots for the 13 election of the trustees or members of the board and school district 14 public library trustees, the adoption of the annual budget and school 15 district public library budget and referenda. 16 2. a. An applicant for such an early mail ballot shall submit an 17 application setting forth (1) their name and residence address, includ- 18 ing the street and number, if any, or town and rural delivery route, if 19 any; (2) that they are or will be, on the day of the school district 20 election, a qualified voter of the school district in which he resides 21 in that he is or will be, on such date, over eighteen years of age, a 22 citizen of the United States and has or will have resided in the 23 district for thirty days next preceding such date. Such application must 24 be received by the district clerk or designee of the trustees or school 25 board at least seven days before the election if the ballot is to be 26 mailed to the voter, or the day before the election, if the ballot is to 27 be delivered personally to the voter. 28 b. Such application shall include the following statement to be signed 29 by the voter. 30 I hereby declare that the foregoing is a true statement to the best of 31 my knowledge and belief, and I understand that if I make any material 32 false statement in the foregoing statement of application for early mail 33 ballot, I shall be guilty of a misdemeanor. 34 Date ................... Signature of Voter ............................ 35 3. If, upon examining the application required under the provisions of 36 subdivision two of this section, and upon such inquiry as it deems prop- 37 er, the clerk of the school district or designee of the trustees or 38 school board shall be satisfied that the applicant is a qualified voter 39 of the district, and entitled to vote by early mail ballot, such clerk 40 of the school district or designee of the trustees or school board shall 41 cause to be issued or mailed to the applicant an early mail voter's 42 ballot and the clerk of the school district or designee of the trustees 43 or school board shall make an appropriate entry on the poll list pursu- 44 ant to section two thousand twenty-nine of this part. 45 4. The clerk of the school district or a designee of the trustees or 46 school board shall also mail an early mail ballot to every qualified 47 voter otherwise eligible for such ballot, who requests an early mail 48 ballot from such clerk or trustees or school board designee in a letter 49 which is signed by the voter and received by the clerk or trustees or 50 school board designee not earlier than the thirtieth day nor later than 51 the seventh day before the election for which the ballot is first 52 requested and which states the address where the voter resides and to 53 which the ballot is to be mailed. The clerk or designee of the trustees 54 or school board shall enclose with such ballot a form of application for 55 early mail ballot. The early mail ballot of a voter who requested such 56 ballot by letter, rather than application, shall not be counted unless a 
 S. 7394--A 34 1 valid application form, signed by such voter, is received by the clerk 2 of the school district or designee of the trustees or school board with 3 such ballot. 4 5. Ballots for early mail voters shall be, as nearly as practicable, 5 in the same form as those to be voted at the district election; if the 6 vote at such election shall be by ballot, the early mail ballot shall 7 conform to the regular ballot; if the vote of such election shall be by 8 voting machine, the early mail ballot shall conform as closely as possi- 9 ble to the manner in which the names of the candidates, the questions 10 and the propositions appear on the voting machines, except that the 11 early mail ballot shall also contain a space for a write-in or write- 12 ins. On the back of such early mail ballots shall be printed words 13 "Official Ballot, Early Mail Voter". 14 6. a. The clerk of the school district or designee of the trustees or 15 school board shall enclose each early mail voter's ballot in an envelope 16 which shall be labelled: 17 ELECTION MATERIAL 18 PLEASE EXPEDITE 19 On one side of such envelope shall be printed: 20 OFFICIAL BALLOT, EARLY MAIL VOTER 21 for 22 School District Election 23 Name of Voter ............ 24 Residence (street and number, if any) ............... 25 City (or Town) of ..................... 26 County of .................... 27 School District ................... 28 School Election District (if applicable) ................ 29 The date of the election and name of the school district shall be 30 printed, and the name of the voter, residence, school district and 31 school election district (if applicable) shall be included. 32 b. On the reverse side of such envelope shall be printed the following 33 statement: 34 STATEMENT OF EARLY MAIL VOTER 35 I do declare that I am a citizen of the United States, and will be at 36 least eighteen years of age on the date of the school district election; 37 that I will have been a resident of this state and of the school 38 district and school election district, if any, shown on the reverse side 39 of this envelope for thirty days next preceding the said election and 40 that I am or on such date will be, a qualified voter of said school 41 district; that I have not qualified, or do I intend to vote, elsewhere 42 than as set forth on the reverse side of this envelope; that I have not 43 received or offered, do not expect to receive, have not paid, offered or 44 promised to pay, contributed, offered or promised to contribute to 45 another to be paid or used, any money or other valuable thing, as a 46 compensation or reward for the giving or withholding of a vote at this 47 school district election, and have not made any promise to influence the 48 giving or withholding of any such votes; that I have not made or become 49 directly or indirectly interested in any bet or wager depending upon the 50 result of this school district election; and that I have not been 51 convicted of bribery or any infamous crime, or, if so convicted, that I 52 have been pardoned or restored to all the rights of a citizen, without 53 restriction as to the right of suffrage, or have received a certificate 54 of relief from disabilities or a certificate of good conduct pursuant to 
 S. 7394--A 35 1 article twenty-three of the correction law removing my disability to 2 vote. 3 I hereby declare that the foregoing is a true statement to the best of 4 my knowledge and belief, and I understand that if I make any material 5 false statement in the foregoing statement of early mail voter, I shall 6 be guilty of a misdemeanor. 7 Date .................. Signature of Voter ............................. 8 c. The envelope shall be gummed, ready for sealing, and shall have 9 printed thereon, on the side opposite the statement, instructions as to 10 the duties of the voter after the marking of the ballot, which 11 instructions shall include a specific direction stating that the envel- 12 ope must reach the office of the clerk of the school district or desig- 13 nee of the trustees or school board not later than five P.M. on the day 14 of the election in order that their vote may be canvassed. 15 d. A person who shall make any material false statement in the state- 16 ment of the early mail voter appearing on the reverse side of the envel- 17 ope as provided in this subdivision, shall be guilty of a misdemeanor. 18 7. The clerk of the school district or designee of the trustees or 19 school board shall make a list of all persons to whom early mail voter's 20 ballots shall have been issued and maintain such list where it shall be 21 available for public inspection during regular office hours until the 22 day of the election. Any qualified voter may, upon examination of such 23 list, file a written challenge of the qualifications as a voter of any 24 person whose name appears on such list, stating the reasons for such 25 challenge. A challenge to an early mail ballot may not be made on the 26 basis that the voter should have applied for an absentee ballot. Such 27 written challenge shall be transmitted by the clerk or the designee of 28 the trustees or school board to the inspectors of election on election 29 day. 30 8. a. The clerk of the school district or designee of the trustees or 31 school board shall be authorized to call upon the commissioner of police 32 and the officers and members of the police force for such assistance in 33 the enforcement of the provisions of this section as such trustees or 34 board shall require, and such commissioner and officers and members of 35 the police force shall be authorized to render such assistance. 36 b. The clerk of the school district or designee of the trustees or 37 school board may require any person to attend before it at the office of 38 the clerk of the school district or the office of the designee of the 39 trustees or school board and be examined by the trustees or board as to 40 any matter in relation to which such trustees or board is charged with a 41 duty under this section, and may issue a subpoena therefor. Each member 42 of such trustees or board shall be authorized to administer any oath 43 that may be required or authorized by law in this connection. 44 9. No early mail voter's ballot shall be canvassed, unless it shall 45 have been received in the office of the clerk of the school district or 46 designee of the trustees or school board not later than five P.M. on the 47 day of the election. 48 10. The clerk of the district or designee of the trustees or school 49 board shall, on the day of the election, transmit all early mail voters' 50 envelopes, received by him in accordance with subdivision eight of this 51 section, to the inspectors of election. 52 11. If a person whose name is on an envelope as a voter shall have 53 already voted in person at such school district election, or if there is 54 no signature on the envelope, this envelope shall be laid aside unopened 
 S. 7394--A 36 1 and be returned unopened to the clerk of the district or designee of the 2 trustees or school board. If such person has not so voted in person, and 3 if no objection is made, or if an objection made be not sustained, the 4 envelope shall be opened and the ballot withdrawn without unfolding and 5 deposited in the proper box or boxes. 6 12. If the inspectors of election shall have received an envelope, and 7 upon opening the same no ballot shall be found therein, the inspectors 8 shall make a memorandum showing that the ballot is missing. When the 9 casting of early mail voters' ballots shall have been completed, the 10 inspectors shall ascertain the number of such ballots which have been 11 deposited in the ballot box by deducting from the number of envelopes 12 opened the number of missing ballots, and shall make a separate return 13 thereof in duplicate. The number of early mail voters' ballots deposited 14 in the ballot box shall be added to the number of other ballots to be 15 accounted for in the ballot box. Such ballots shall then be counted or 16 canvassed by the inspectors of election along with the other ballots 17 cast at such school district election, or, where voting machines are 18 used, shall be added to the votes recorded on such machines. 19 § 45. Section 2613 of the education law, as amended by chapter 489 of 20 the laws of 2019, is amended to read as follows: 21 § 2613. Absentee, early mail, and military ballots. The board of 22 education of each city school district to which this article applies 23 shall provide for absentee ballots in accordance with the provisions of 24 section two thousand eighteen-a of this title, early mail ballots in 25 accordance with the provisions of section two thousand eighteen-e of 26 this title, and military ballots in accordance with section two thousand 27 eighteen-d of this title. 28 § 46. Subdivision 5 of section 84 of the town law, as amended by chap- 29 ter 281 of the laws of 1998, is amended to read as follows: 30 5. In order to assist boards of registration in the preparation of 31 their registers, the town clerk, prior to the first meeting of such 32 boards of registration, shall obtain from the board of elections of the 33 county in which such town is located, the list of names and addresses of 34 all voters registered with such board of elections on or before the 35 twenty-third day before such special election. The town clerk shall 36 deliver the names and addresses of qualified voters to the appropriate 37 board or boards of registration on or before the first meeting of such 38 board or boards. At the first and subsequent meetings of the board of 39 registration for each voting place designated by the town board for such 40 special town election, such board of registration shall place on the 41 register described in subdivision four hereof the names of all qualified 42 voters and all other qualified voters who personally appear, those 43 voters who have made application for early mail ballots, and those mili- 44 tary voters and such other voters who are absent by reason of confining 45 illness or physical disability or whose duties, occupation or business 46 required them to be outside of the state of New York, having the quali- 47 fications of voters prescribed in this section and who have made appli- 48 cation for absentee ballots as certified to them by the town clerk. 49 § 47. Paragraph a of subdivision 6 of section 84-a of the town law, as 50 added by chapter 396 of the laws of 1988, is amended to read as follows: 51 a. The town clerk shall make a list of all persons to whom absentee 52 voter's ballots shall have been issued and keep such list on file in his 53 office where it shall be available for public inspection during regular 54 office hours until the day of the election. Any qualified voter may, 55 upon examination of such list, file a written challenge of the quali- 56 fications as a voter of any person whose name appears on such list, 
 S. 7394--A 37 1 stating the reasons for such challenge. A challenge to an absentee 2 ballot may not be made on the basis that the voter should have applied 3 for an early mail ballot. Such written challenge shall be transmitted by 4 the town clerk to the inspectors of election on election day. 5 § 48. The town law is amended by adding a new section 84-b to read as 6 follows: 7 § 84-b. Early mail ballots for special town elections; special 8 provisions. 1. Early mail ballots shall be provided for all special town 9 elections for which personal registration is required. 10 2. a. An applicant for such an early mail ballot shall submit an 11 application setting forth (1) their name and residence address, includ- 12 ing the street and number, if any, or town and rural delivery route, if 13 any; (2) that they are or will be, on the day of the election, a quali- 14 fied voter of the town in which they reside; and (3) that they are 15 registered in the town. Such application must be received by the town 16 clerk at least seven days before the election if the ballot is to be 17 mailed to the voter, or the day before the election, if the ballot is to 18 be delivered personally to the voter or their agent. 19 b. Such application shall include the following statement to be signed 20 by the voter: 21 I hereby declare that the foregoing is a true statement to the best of 22 my knowledge and belief, and I understand that if I make any material 23 false statement in the foregoing statement of application for early mail 24 ballots, I shall be guilty of a misdemeanor. 25 Date ............... Signature of Voter ................................ 26 3. If, upon examining the application required under the provisions of 27 subdivision two of this section, and upon such inquiry as it deems prop- 28 er, the board of inspectors shall be satisfied that the applicant is a 29 qualified voter of the town, and entitled to vote by early mail ballot, 30 such board of inspectors shall place their name upon a list, thereupon 31 the applicant shall be issued or mailed an early mail ballot and the 32 town clerk shall make an appropriate entry on the list indicating that 33 an early mail ballot has been applied for by, and issued to, the appli- 34 cant. 35 4. Ballots for early mail voters shall be, as nearly as practicable, 36 in the same form as those to be voted at the town election. On the back 37 of such early mail ballots shall be printed the words "Official Ballot, 38 Early Mail Voter". 39 5. a. The board of registration shall enclose each early mail voter's 40 ballot in an envelope which shall be labelled: 41 ELECTION MATERIAL 42 PLEASE EXPEDITE 43 On one side of such envelope shall be printed: 44 OFFICIAL BALLOT, EARLY MAIL VOTER 45 for 46 Special Town Election 47 Name of Voter ................ 48 Residence (street and number, if any) ....... 49 Town of .................... 50 County of ................... 51 The date of the election and name of the town shall be printed, and 52 the name of the voter, residence and district shall be written in by the 53 town clerk. 54 b. On the reverse side of such envelope shall be printed the following 55 statement: 
 S. 7394--A 38 1 STATEMENT OF EARLY MAIL VOTER 2 I do declare that I will have been a citizen of the United States for 3 thirty days, and will be at least eighteen years of age, on the date of 4 the special town election; that I will have been a resident of this 5 state and of the town shown on the reverse side of this envelope for 6 thirty days next preceding the said election; that I am or on such date 7 will be, a registered voter of said town; that I have not qualified, or 8 do I intend to vote, elsewhere than as set forth on the reverse side of 9 this envelope; that I have not received or offered, do not expect to 10 receive, have not paid, offered or promised to pay, contributed, offered 11 or promised to contribute to another to be paid or used, any money or 12 other valuable thing, as a compensation or reward for the giving or 13 withholding of a vote at this special town election, and have not made 14 any promise to influence the giving or withholding of any such votes; 15 that I have not made or become directly or indirectly interested in any 16 bet or wager depending upon the result of this special town election; 17 and that I have not been convicted of bribery or any infamous crime, or, 18 if so convicted, that I have been pardoned or restored to all the rights 19 of a citizen, without restriction as to the right of suffrage, or 20 received a certificate of relief from disabilities or a certificate of 21 good conduct pursuant to article twenty-three of the correction law 22 removing my disability to register and vote. 23 I hereby declare that the foregoing is a true statement to the best of 24 my knowledge and belief, and I understand that if I make any material 25 false statement in the foregoing statement of early mail voter, I shall 26 be guilty of a misdemeanor. 27 Date.... Signature of Voter.... 28 c. The envelope shall be gummed, ready for sealing, and shall have 29 printed thereon, on the side opposite the statement, instructions as to 30 the duties of the voter after the marking of the ballot, which 31 instructions shall include a specific direction stating that the envel- 32 ope must reach the office of the town clerk not later than five P.M. on 33 the day of the election in order that their vote may be canvassed. 34 d. A person who shall make any material false statement in the state- 35 ment of early mail voter appearing on the reverse side of the envelope 36 as provided in this subdivision, shall be guilty of a misdemeanor. 37 6. a. The town clerk shall make a list of all persons to whom early 38 mail voter's ballots shall have been issued and keep such list on file 39 in their office where it shall be available for public inspection during 40 regular office hours until the day of the election. Any qualified voter 41 may, upon examination of such list, file a written challenge of the 42 qualifications as a voter of any person whose name appears on such list, 43 stating the reasons for such challenge. A challenge to an early mail 44 ballot may not be made on the basis that the voter should have applied 45 for an absentee ballot. Such written challenge shall be transmitted by 46 the town clerk to the inspectors of election on election day. 47 b. Such list shall also be posted in a conspicuous place or places 48 during the election, and any qualified voter may challenge the accept- 49 ance of the early mail voter's ballot of any person on such list, by 50 making their challenge and the reasons therefor known to the inspectors 51 of election before the close of the polls. 52 7. a. The town clerk shall be authorized to call upon the commissioner 53 of police and the officers and members of the police force for such 54 assistance in the enforcement of the provisions of this section as he 55 shall require, and such commissioner and officers and members of the 56 police force shall be authorized to render such assistance. 
 S. 7394--A 39 1 b. The board of inspectors may require any person to attend before it 2 at the office of the town clerk of the district and be examined as to 3 any matter in relation to which such board is charged with a duty under 4 this section, and may issue a subpoena therefor. Each member of such 5 board of inspectors district shall be authorized to administer any oath 6 that may be required or authorized by law in this connection. 7 8. No early mail voter's ballot shall be canvassed, unless it shall 8 have been received in the office of the town clerk not later than five 9 P.M. on the day of the election. 10 9. The town clerk shall, on the day of the election, transmit all 11 early mail voters' envelopes, received by him in accordance with subdi- 12 vision eight of this section, to the inspectors of election. 13 10. If, at the election, any early mail voters' envelopes shall have 14 been received at the polling place, the inspectors of election imme- 15 diately after the closing of the polls shall examine them, and shall 16 compare the signature, if any, on each envelope with the signature, if 17 any, on the register, of the person of the same name who registered from 18 the same address. If the signatures are found to correspond, the inspec- 19 tors shall certify thereto by signing their initials opposite the name 20 of the voter at the appropriate place in the register. If a person whose 21 name is on an envelope as a voter, shall have already voted in person at 22 such special town election, or if their name, residence and signature, 23 as stated on the envelope, are not on the register, or if there is no 24 signature on the envelope, this envelope shall be laid aside unopened 25 and be returned unopened to the town clerk. If such person is found to 26 be registered and has not so voted in person, and if no objection is 27 made, or if an objection made be not sustained, the envelope shall be 28 opened and the ballot withdrawn without unfolding and deposited in the 29 proper box or boxes. At the time of the deposit of such ballot, the 30 inspectors shall enter the words "early mail vote" at an appropriate 31 place in the register. 32 11. During such examination any qualified voter present in the polling 33 place may object to the voting of the ballot contained in any envelope 34 upon the ground or grounds that the person named thereon is not a quali- 35 fied voter of the town. An inspector shall make such an objection if he 36 shall know or suspect that the person named on such envelope is not such 37 a qualified voter. The election inspectors shall forthwith proceed to 38 determine each objection including any written challenge transmitted to 39 them by the town clerk as provided in subdivision six of this section. 40 Unless the inspectors, by majority vote, shall sustain the objection, 41 the chairman, or if he refuses, another inspector shall endorse upon the 42 envelope the objection and the words "not sustained," shall sign such 43 endorsement, and shall open the envelope and deposit the ballot as 44 provided in this section. Should the inspectors, by majority vote, 45 sustain such objection, the objection and word "sustained" shall be 46 similarly endorsed upon the envelope, the envelope shall not be opened 47 nor the ballots therein canvassed, and such envelope shall be returned 48 unopened to the town clerk. If the inspectors of election shall have 49 received an envelope endorsed with the name of a person who to the know- 50 ledge of the inspectors is deceased on the day of the election, the 51 inspectors shall return such envelope unopened to the town clerk with 52 the words "deceased--objection sustained" endorsed on the envelope. 53 12. If the inspectors of election shall have received an envelope, and 54 upon opening the same no ballot shall be found therein, the inspectors 55 shall make a memorandum showing that the ballot is missing. When the 56 casting of early mail voters' ballots shall have been completed, the 
 S. 7394--A 40 1 inspectors shall ascertain the number of such ballots which have been 2 deposited in the ballot box by deducting from the number of envelopes 3 opened the number of missing ballots, and shall make a separate return 4 thereof in duplicate. The number of early mail voters' ballots deposited 5 in the ballot box shall be added to the number of other ballots deposit- 6 ed in the ballot box in order to determine the number of all ballots to 7 be accounted for in the ballot box. Such ballots shall then be counted 8 or canvassed by the inspectors of election along with the other ballots 9 cast at such district election, or, where voting machines are used, 10 shall be added to the votes recorded on such machines. 11 13. The provisions of this section shall apply to early mail ballots 12 in special town elections, notwithstanding any other provision of law. 13 The provisions of any other law as they relate to special town elections 14 not inconsistent herewith shall apply to the conduct of such elections. 15 § 49. Paragraph 1 of subdivision a of section 1053 of the New York 16 city charter, as amended by local law number 48 of the city of New York 17 for the year 2022, is amended to read as follows: 18 1. material explaining the date and hours during which the polls will 19 be open for that election; when, where, and how to register to vote; 20 when an eligible voter is required to reregister; when, where, and how 21 early mail and absentee ballots are obtained and used; instructions on 22 how to vote; information on the political subdivisions applicable to a 23 particular voter's address; and any other general information on voting 24 deemed by the board to be necessary or useful to the electorate or 25 otherwise consistent with the goals of this charter; 26 § 50. Paragraph 8 of subdivision b of section 1054 of the New York 27 city charter, as added by local law number 6 of the city of New York for 28 the year 2019, is amended to read as follows: 29 8. conduct yearly trainings for all relevant staff of the department 30 of correction. Such training shall include, at minimum, information on 31 voting laws for currently and formerly incarcerated individuals in the 32 state of New York, voter registration procedures, early mail and absen- 33 tee voting, and determining eligibility to vote. 34 § 51. Subdivision 9 of section 1057-a of the New York city charter, as 35 amended by chapter 322 of the laws of 2021, is amended to read as 36 follows: 37 9. In addition to the other requirements of this section, the depart- 38 ment of correction shall implement and administer a program of distrib- 39 ution and submission of early mail and absentee ballot applications, and 40 subsequently received early mail or absentee ballots, for eligible 41 incarcerated individuals. Such department shall offer, to all incarcer- 42 ated individuals who are registered to vote, early mail and absentee 43 ballot applications, and a means to complete them, during the period 44 from sixty days prior to any primary, special, or general election in 45 the city of New York until two weeks prior to any such election. Such 46 department shall subsequently provide any early mail or absentee ballot 47 received from the board of elections in response to any such application 48 to the applicable incarcerated individual, as well as a means to 49 complete it. Such department shall provide assistance to any such incar- 50 cerated individual in filling out such application or ballot upon 51 request. Such department shall, not later than five days after receipt, 52 transmit such completed applications and ballots from any incarcerated 53 individual who wishes to have them transmitted to the board of elections 54 for the city of New York. The provisions of this subdivision shall not 55 apply in any specific instance in which the department deems it unsafe 56 to comply therewith. 
 S. 7394--A 41 1 § 52. Paragraph 3 of subdivision a of section 1057-d of the New York 2 city charter, as added by local law number 64 of the city of New York 3 for the year 2016, is amended to read as follows: 4 (3) notification of the deadline for submission of [a] an early mail 5 voting application or a mailed absentee voting application for such 6 election, sent ten business days prior to such deadline; and 7 § 53. Subdivision a of section 1057-e of the New York city charter, as 8 added by local law number 65 of the city of New York for the year 2016, 9 is amended to read as follows: 10 a. allowing any registered voter who has submitted an application for 11 an early mail or absentee ballot, or who otherwise has a right to 12 receive an early mail or absentee ballot, for an upcoming election 13 pursuant to the election law to view the current status of their early 14 mail or absentee application and early mail or absentee ballot. Such 15 website and mobile application shall indicate for each such voter wheth- 16 er the board of elections in the city of New York has: 17 (1) received such voter's request for an early mail or absentee 18 ballot, if applicable; 19 (2) approved or rejected such request, if applicable, and, if 20 rejected, a brief statement of the reason for rejection; 21 (3) mailed or delivered an early mail or absentee ballot to such voter 22 for such upcoming election, and shall include the ability for such voter 23 to see the status of a mailed early mail or absentee ballot by United 24 States postal service intelligent mail barcode or successor technology; 25 (4) received such voter's completed early mail or absentee ballot for 26 such upcoming election; and 27 (5) determined that such voter's completed early mail or absentee 28 ballot was invalid, and, if such a finding was made, a brief statement 29 of the reason. 30 § 54. The last undesignated paragraph of subparagraph (a) of paragraph 31 3 of subdivision d of section 1057-g of the New York city charter, as 32 amended by local law number 3 of the city of New York for the year 2023, 33 is amended to read as follows: 34 You have a right to a replacement ballot. If you make a mistake, or 35 want to change your vote, (insert "ask a poll worker for a new ballot" 36 or, for early mail or absentee ballots, "call the board of elections at 37 (insert phone number here) for instructions on how to obtain a new 38 ballot"). 39 § 55. This act shall take effect January 1, 2024 and shall apply to 40 any general, primary, run-off primary, or special election held there- 41 after.