S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8780
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to establishing  an  elec-
   tronic  military  ballot  application  and military ballot transmittal
   system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The election law is amended by adding a new section 10-110
 to read as follows:
   § 10-110. MILITARY VOTERS; ELECTRONIC MILITARY BALLOT APPLICATION  AND
 MILITARY BALLOT TRANSMITTAL SYSTEM. 1. IN ADDITION TO ANY OTHER MEANS OF
 APPLICATION FOR A MILITARY BALLOT AND RETURN OF A MARKED MILITARY BALLOT
 PROVIDED  FOR BY THIS CHAPTER, THE STATE BOARD OF ELECTIONS SHALL ESTAB-
 LISH AND MAINTAIN AN ELECTRONIC MILITARY BALLOT APPLICATION AND MILITARY
 BALLOT TRANSMITTAL SYSTEM THROUGH WHICH APPLICANTS MAY APPLY FOR A MILI-
 TARY BALLOT AND RETURN A MARKED MILITARY BALLOT, ONLINE. THE STATE BOARD
 OF ELECTIONS SHALL ELECTRONICALLY TRANSMIT SUCH APPLICATIONS AND  MARKED
 BALLOTS  TO THE APPLICABLE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY
 OF NEW YORK FOR FILING, PROCESSING AND VERIFICATION CONSISTENT WITH THIS
 CHAPTER. IN ACCORDANCE WITH TECHNICAL  SPECIFICATIONS  PROVIDED  BY  THE
 STATE  BOARD  OF  ELECTIONS,  EACH  BOARD  OF ELECTIONS SHALL MAINTAIN A
 SYSTEM CAPABLE OF RECEIVING AND PROCESSING MILITARY  BALLOT  APPLICATION
 AND  MARKED  MILITARY  BALLOT INFORMATION, INCLUDING DIGITAL SIGNATURES,
 FROM THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM ESTABLISHED BY
 THE STATE BOARD OF ELECTIONS.  NOTWITHSTANDING  ANY  OTHER  INCONSISTENT
 PROVISION  OF  THIS  CHAPTER,  APPLICATIONS AND BALLOTS FILED USING SUCH
 SYSTEM SHALL BE CONSIDERED FILED WITH THE APPLICABLE BOARD OF  ELECTIONS
 ON THE CALENDAR DATE SUCH APPLICATION OR BALLOT IS INITIALLY TRANSMITTED
 BY  THE  VOTER  THROUGH  THE  ELECTRONIC MILITARY BALLOT APPLICATION AND
 MILITARY BALLOT TRANSMITTAL SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13873-01-9
              

 A. 8780                             2
 
   2. AS USED IN THIS ARTICLE, THE TERM "DIGITAL  SIGNATURE"  SHALL  MEAN
 THE  CERTIFICATE-BASED  DIGITAL  IDENTIFICATION CODE ISSUED TO QUALIFIED
 PERSONNEL BY THE UNITED STATES DEPARTMENT OF  DEFENSE  AS  PART  OF  THE
 COMMON ACCESS CARD OR ITS SUCCESSOR.
   §  2. Subdivision 2 of section 10-107 of the election law, as added by
 chapter 104 of the laws of 2010, is amended to read as follows:
   2. Irrespective of the preferred method of transmission designated  by
 a  military voter, a military voter's original completed voter registra-
 tion application, military ballot application and military  ballot  must
 be  returned  by  mail,  THE  ELECTRONIC MILITARY BALLOT APPLICATION AND
 MILITARY BALLOT  TRANSMITTAL  SYSTEM  ESTABLISHED  PURSUANT  TO  SECTION
 10-110  OF  THIS  ARTICLE or in person notwithstanding that a prior copy
 was sent to the board of elections by facsimile  transmission  or  elec-
 tronic mail.
   §  3. Section 10-112 of the election law, as amended by chapter 104 of
 the laws of 2010, is amended to read as follows:
   § 10-112. Military voter; voting. The military voter shall EITHER:
   1. mark the military ballot provided for in this article in  the  same
 manner  as an absentee ballot. After marking the ballot, he or she shall
 fold such ballot and enclose it in the inner affirmation envelope  bear-
 ing  the military voter's affirmation on the outside of the envelope and
 seal the envelope. He or she shall then sign the affirmation,  with  the
 blanks properly filled in. The inner affirmation envelope containing the
 military  ballot  shall then be inserted in the outer envelope addressed
 to the  appropriate  board  of  elections,  which  shall  be  mailed  or
 personally  delivered to such board of elections of his or her county of
 residence within the time limits provided by this chapter; OR
   2. UTILIZE THE ELECTRONIC MILITARY  BALLOT  APPLICATION  AND  MILITARY
 BALLOT TRANSMITTAL SYSTEM ESTABLISHED PURSUANT TO SECTION 10-110 OF THIS
 ARTICLE  TO  MARK, SIGN WITH SUCH MILITARY VOTER'S DIGITAL SIGNATURE AND
 RETURN THE MILITARY BALLOT PROVIDED FOR IN THIS ARTICLE.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner as part CCC of chapter 55 of the laws of 2019 takes effect.