S T A T E O F N E W Y O R K
________________________________________________________________________
8376
2009-2010 Regular Sessions
I N A S S E M B L Y
May 15, 2009
___________
Introduced by M. of A. SILVER -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to military voting, and to
amend chapter 237 of the laws of 2005 amending the election law relat-
ing to military voting, in relation to making such provisions perma-
nent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 2 of section 8-400 of the
election law, as added by chapter 216 of the laws of 1988, is amended to
read as follows:
(d) The board of elections shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests such
an absentee ballot from such board of elections in a letter, which is
signed by the voter and received by the board of elections not earlier
than the thirtieth day nor later than the seventh day before the
election for which the ballot is first requested and which states the
address where the voter is registered and the address to which the
ballot is to be mailed; PROVIDED, HOWEVER, A MILITARY VOTER MAY REQUEST
A MILITARY BALLOT IN A LETTER AS PROVIDED IN SUBDIVISION THREE OF
SECTION 10-106 OF THIS CHAPTER; AND PROVIDED FURTHER, A SPECIAL FEDERAL
VOTER MAY REQUEST A SPECIAL FEDERAL BALLOT IN A LETTER AS PROVIDED IN
PARAGRAPH D OF SUBDIVISION ONE OF SECTION 11-202 OF THIS CHAPTER. The
board of elections shall enclose with such ballot a form of application
for absentee ballot.
S 2. Paragraph a of subdivision 1 of section 9-209 of the election
law, as amended by chapter 237 of the laws of 2005, is amended to read
as follows:
a. The board of elections shall designate itself or such of its
employees as it shall deem appropriate as a set of poll clerks to cast
and canvass such ballots, and fix a time and place for their meeting for
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11671-03-9
A. 8376 2
such purpose, provided that such meeting shall be no more than [thir-
teen] FOURTEEN days after a general OR SPECIAL election and no more than
eight days after a [special or] primary election at which such ballots
are voted. The board may designate additional sets of poll clerks and if
it designates more than one such set shall apportion among all such sets
the election districts from which such ballots have been received,
provided that all such ballots from a single election district shall be
assigned to a single set of clerks, and that each such set shall be
divided equally between representatives of the two major political
parties. Each such set of clerks shall be deemed a central board of
inspectors for purposes of this section.
S 3. Section 10-106 of the election law is amended by adding a new
subdivision 3 to read as follows:
3. A MILITARY VOTER MAY APPLY FOR A MILITARY BALLOT BY FACSIMILE
TRANSMISSION PURSUANT TO THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE
VOTING ACT OR ELECTRONIC MAIL.
S 4. Subdivision 1 of section 10-114 of the election law, as amended
by chapter 237 of the laws of 2005, is amended to read as follows:
1. The board of elections shall cause all military ballots received by
it before the close of the polls on election day and all ballots
contained in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the United States government
or are signed and dated by the voter and one witness thereto, with a
date which is ascertained to be not later than the day before election
and received by such board of elections not later than seven days
following the day of a primary [or special] election and not later than
thirteen days following the day of a general OR SPECIAL election to be
cast and counted.
S 5. Subdivision 1 of section 11-202 of the election law is amended by
adding a new paragraph d to read as follows:
D. A SPECIAL FEDERAL VOTER MAY APPLY FOR A SPECIAL FEDERAL BALLOT BY
FACSIMILE TRANSMISSION PURSUANT TO THE UNIFORMED AND OVERSEAS CITIZENS
ABSENTEE VOTING ACT OR ELECTRONIC MAIL.
S 6. Section 11-212 of the election law, as amended by chapter 155 of
the laws of 1994, is amended to read as follows:
S 11-212. Special federal ballots; deadline for receipt, and delivery
to polling place. All special federal ballots received by the board of
elections before the close of the polls on election day may be delivered
to the inspectors of the election districts in which the voters are
registered, in the manner prescribed by this chapter for absentee
ballots, or retained by the board of elections and cast and canvassed
pursuant to section 9-209 of this chapter as the board of elections, in
its discretion, shall determine by resolution adopted at least thirty
days before election day. All ballots contained in envelopes showing a
cancellation mark of the United States postal service or a foreign coun-
try's postal service, or showing a dated endorsement of receipt by
another agency of the United States government, with a date which is
ascertained to be not later than the day before election, shall be cast
and counted if received by the board of elections not later than seven
days following the day of A PRIMARY election OR THIRTEEN DAYS FOLLOWING
THE DAY OF A GENERAL OR SPECIAL ELECTION except that the special federal
ballot of a voter who requested such ballot by letter, rather than
application, shall not be counted unless a valid application form,
signed by such voter, is received by the board of elections with such
ballot. All ballots received by the board of elections [between election
A. 8376 3
day and the seventh day after election day] and all federal write-in
ballots received from special federal voters NOT LATER THAN SEVEN DAYS
FOLLOWING THE DAY OF A PRIMARY ELECTION OR THIRTEEN DAYS FOLLOWING THE
DAY OF A GENERAL OR SPECIAL ELECTION, shall be retained at the board and
shall be cast and canvassed in the same manner as other ballots retained
by such board.
S 7. Section 4 of chapter 237 of the laws of 2005 amending the
election law relating to military voting, as amended by chapter 188 of
the laws of 2008, is amended to read as follows:
S 4. This act shall take effect immediately [and shall expire December
31, 2009; when upon such date the provisions of this act shall be deemed
repealed].
S 8. This act shall take effect immediately.