NY State Senate Bill 2019-S8130D

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2020	signed chap.91
Jun 05, 2020	delivered to governor
May 28, 2020	returned to senate passed assembly ordered to third reading rules cal.49 substituted for a10516a referred to ways and means delivered to assembly passed senate
May 27, 2020	ordered to third reading cal.644
May 25, 2020	print number 8130d
May 25, 2020	amend and recommit to rules committee discharged and committed to rules
May 24, 2020	print number 8130c
May 24, 2020	amend (t) and recommit to elections
May 20, 2020	print number 8130b
May 20, 2020	amend and recommit to elections
May 19, 2020	print number 8130a
May 19, 2020	amend and recommit to elections
Mar 24, 2020	referred to elections

Votes

- May 28, 2020 - Floor Vote
  S8130D
  
  39
  
  Aye
  
  22
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 28, 2020
      
      aye (39)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (22)
      
      Akshar
      
      Amedore
      
      Borrello
      
      Boyle
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      Martinez
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
      
      excused (1)
      
      Ritchie
  May 24, 2020 - Rules Committee Vote
  S8130D
  
  11
  
  Aye
  
  6
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 24, 2020
      
      aye (11)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (6)
      
      Flanagan
      
      Griffo
      
      LaValle
      
      Little
      
      Robach
      
      Seward
      
      aye wr (2)
      
      Lanza
      
      Martinez

Bill Amendments

Original

D (Active)

co-Sponsors

View additional co-sponsors

2019-S8130 - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

2019-S8130 - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

2019-S8130 - Sponsor Memo

2019-S8130 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8130
 
                             I N  S E N A T E
 
                              March 24, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to voting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (c) and (d) of subdivision 2 of section 8-400 of
 the election law, paragraph (c) as amended by chapter 321 of the laws of
 1988,  and paragraph (d) as separately amended by chapters 97 and 104 of
 the laws of 2010, are amended to read as follows:
   (c) All applications must be mailed  OR  DELIVERED  to  the  board  of
 elections  not later than [the seventh day] TWO DAYS before the election
 for which a ballot is first requested or delivered  to  such  board  not
 later than the day before such election.
   (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 writing in a letter,
 ELECTRONIC MAIL, telefax indicating the address, phone  number  and  the
 telefax  number  from which the writing is sent or other written instru-
 ment, 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]  TWO  DAYS  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 or voter registration
 application or an absentee ballot application 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 or
 voter  registration  application  or an absentee ballot application 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 if the applicant is registered
 with such board of elections.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15910-03-0

co-Sponsors

View additional co-sponsors

2019-S8130A - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

2019-S8130A - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

2019-S8130A - Sponsor Memo

                                
 
BILL NUMBER: S8130A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to voting

 
PURPOSE:

The purpose of the bill is to increase the options for qualified voters
to request an absentee ballot by allowing electronic mail requests.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-400(2)(c) to allow the mailing of absen-
tee ballot applications five days rather than seven days before the
election for which a ballot is first requested. Section 1 also amends
Election Law 8-400(2)(d) to allow qualified voters to request an absen-
tee ballot by electronic mail and dispenses with the requirement that
absentee ballot requests be signed by the voter no matter what method is
used for the request. The amendment also requires receipt by the Board

of Elections of such requests as late as five days before the election
for which the ballot is first requested.

Section 2 amends Election Law 8-412(1) to provide that all absentee
ballots received by the Board of Elections be cast if envelope in which
they are contained shows a cancellation mark with a date not later than
the day of the election and received by such Board of Elections not
later than seven days following the day of the election.

Section 3 states that the act shall take effect immediately.

 
EXISTING LAW:

This bill constitutes new legislation amending the paragraphs and subdi-
visions of the Election Law sections detailed above.

 
JUSTIFICATION:

The amendments detailed above will increase voter participation by
giving qualified voters an additional way to request an absentee ballot
and will result in more absentee ballots being counted by allowing more
time for receipt of the envelopes containing absentee ballots.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
LOCAL FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
Effective immediately.

2019-S8130A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8130--A
 
                             I N  S E N A T E
 
                              March 24, 2020
                                ___________
 
 Introduced  by  Sens. MYRIE, CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER --
   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, in relation to voting

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (c) and (d) of subdivision 2 of section 8-400 of
 the election law, paragraph (c) as amended by chapter 321 of the laws of
 1988,  and paragraph (d) as separately amended by chapters 97 and 104 of
 the laws of 2010, are amended to read as follows:
   (c) All applications must be mailed to  the  board  of  elections  not
 later  than  [the seventh day] FIVE DAYS before the election for which a
 ballot is first requested or delivered to such board not later than  the
 day before such election.
   (d)  The  board  of  elections  shall mail an absentee ballot to every
 qualified voter otherwise eligible for such a ballot,  [who]  WHEN  SUCH
 VOTER requests [such] an absentee ballot from such board of elections in
 writing  in  a  letter, ELECTRONIC MAIL, telefax indicating the address,
 phone number and the telefax number from which the writing  is  sent  or
 other written instrument, 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] FIVE DAYS before the election for which the ballot is
 first requested and which states the address where the voter  is  regis-
 tered  and  the  address  to which the ballot is to be mailed; provided,
 however, a military voter may request a military ballot or voter  regis-
 tration  application  or  an  absentee ballot application 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 or voter registration application or an absentee ballot  applica-
 tion  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 if the appli-
 cant is registered with such board of elections.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15910-04-0

 S. 8130--A                          2
 
   § 2. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 155 of the laws of 1994, is amended to read as follows:
   1. The board of elections shall cause all absentee 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 govern-
 ment, with a date which is ascertained to be  not  later  than  the  day
 [before]  OF  THE  election  and received by such board of elections not
 later than seven days following the day  of  election  to  be  cast  and
 counted  except  that  the absentee 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.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8130B - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

2019-S8130B - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

2019-S8130B - Sponsor Memo

                                
 
BILL NUMBER: S8130B

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to voting

 
PURPOSE:

The purpose of the bill is to increase the options for qualified voters
to request an absentee ballot by allowing electronic mail requests.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-400(2)(c) to allow the mailing of absen-
tee ballot applications five days rather than seven days before the
election for which a ballot is first requested. Section 1 also amends
Election Law 8-400(2)(d) to allow qualified voters to request an absen-
tee ballot by electronic mail and dispenses with the requirement that
absentee ballot requests be signed by the voter no matter what method is
used for the request. The amendment also requires receipt by the Board

of Elections of such requests as late as five days before the election
for which the ballot is first requested.

Section 2 amends Election Law 8-412(1) to provide that all absentee
ballots received by the Board of Elections be cast if envelope in which
they are contained shows a cancellation mark with a date not later than
the day of the election and received by such Board of Elections not
later than seven days following the day of the election.

Section 3 states that the act shall take effect immediately.

 
EXISTING LAW:

This bill constitutes new legislation amending the paragraphs and subdi-
visions of the Election Law sections detailed above.

 
JUSTIFICATION:

The amendments detailed above will increase voter participation by
giving qualified voters an additional way to request an absentee ballot
and will result in more absentee ballots being counted by allowing more
time for receipt of the envelopes containing absentee ballots.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
LOCAL FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
Effective immediately.

2019-S8130B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8130--B
 
                             I N  S E N A T E
 
                              March 24, 2020
                                ___________
 
 Introduced  by  Sens. MYRIE, CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER --
   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  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the election law, in relation to voting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (c) and (d) of subdivision 2 of section 8-400 of
 the election law, paragraph (c) as amended by chapter 321 of the laws of
 1988,  and paragraph (d) as separately amended by chapters 97 and 104 of
 the laws of 2010, are amended to read as follows:
   (c) All applications must be mailed to  the  board  of  elections  not
 later  than  [the seventh day] FIVE DAYS before the election for which a
 ballot is first requested or delivered to such board not later than  the
 day before such election.
   (d)  The  board  of  elections  shall mail an absentee ballot to every
 qualified voter otherwise eligible for such a ballot,  [who]  WHEN  SUCH
 VOTER requests [such] an absentee ballot from such board of elections in
 writing  in  a  letter, ELECTRONIC MAIL, telefax indicating the address,
 phone number and the telefax number from which the writing  is  sent  or
 other written instrument, 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] FIVE DAYS before the election for which the ballot is
 first requested and which states the address where the voter  is  regis-
 tered  and  the  address  to which the ballot is to be mailed; provided,
 however, a military voter may request a military ballot or voter  regis-
 tration  application  or  an  absentee ballot application 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 or voter registration application or an absentee ballot  applica-
 tion  in  a  letter  as  provided  in  paragraph d of subdivision one of
 section 11-202 of this chapter. The board  of  elections  shall  enclose
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15910-06-0

 S. 8130--B                          2
 
 with such ballot a form of application for absentee ballot if the appli-
 cant is registered with such board of elections.
   § 2. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 155 of the laws of 1994, is amended to read as follows:
   1. The board of elections shall cause all absentee 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 govern-
 ment, with a date which is ascertained to be  not  later  than  the  day
 [before]  OF  THE  election  and received by such board of elections not
 later than seven days following the day  of  election  to  be  cast  and
 counted  except  that  the absentee 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.
   §  3.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
 9-209 of the election law, as amended by chapter  104  of  the  laws  of
 2010, is amended to read as follows:
   (iii)  If  such  a  federal write-in absentee ballot is received after
 election day, the envelope in which it is received must contain:  (A)  a
 cancellation mark of the United States postal service or a foreign coun-
 try's  postal  service;  (B)  a  dated endorsement of receipt by another
 agency of the United States government; or (C) if  cast  by  a  military
 voter,  the signature and date of the voter and one witness thereto with
 a date which is ascertained to be not later than the day [before] OF THE
 election [day].
   § 4. Subdivision 1 of section 10-114 of the election law,  as  amended
 by chapter 165 of the laws of 2009, 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]  OF  THE
 election  and  received  by such board of elections not later than seven
 days following the day of a primary election and not later than thirteen
 days following the day of a general or special election to be  cast  and
 counted.
   §  5.  Subdivision 1 of section 11-110 of the election law, as amended
 by chapter 99 of the laws of 1989, is amended to read as follows:
   1. To be counted, any ballot cast under the provisions of this article
 must be received by the appropriate board of elections  not  later  than
 the close of the polls on election day except that all ballots contained
 in  envelopes  showing  a  cancellation mark of the United States postal
 service, or a foreign country's postal service  with  a  date  which  is
 ascertained to be not later than the day [before] OF THE election, shall
 be cast and counted if received by the board of elections not later than
 seven days following the day of election.
   §  6. Section 11-212 of the election law, as amended by chapter 163 of
 the laws of 2010, is amended to read as follows:
   § 11-212. Special federal ballots; deadline for receipt.  All  special
 federal  ballots  received by the board of elections before the close of
 the polls on election day shall be retained by the  board  of  elections
 and  cast  and  canvassed pursuant to section 9-209 of this chapter. All

 S. 8130--B                          3
 
 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,  with  a  date which is ascertained to be not later than the
 day [before] OF THE 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 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.
   § 7. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8130C - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

2019-S8130C - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

2019-S8130C - Sponsor Memo

                                
 
BILL NUMBER: S8130c

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to recognize increased options for qualified
voters to request an absentee ballot in light of the COVID-19 pandemic
emergency by recognizing requests through electronic means, and to modi-
fy certain requirements relating to the date by which a ballot must be
postmarked.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-400(2)(c) to allow qualified voters to
request an absentee ballot by electronic mail, an electronic transmittal
system or a web portal established by the state board of elections or

city or county board of elections and dispenses with the requirement
that absentee ballot requests be signed by the voter no matter what
alternative method is used for the request.

Sections 2, 3, 4, 5, and 6 amend the Election Law to require that all
absentee ballots received by the Board of Elections be cast if the
envelope in which they are contained shows a cancellation mark with a
date not later than the day of the election.

Section 7 is the effective date.

 
JUSTIFICATION:

This legislation will help increase voter participation during the
COVID-19 pandemic by recognizing additional ways that qualified voters
may request an absentee ballot. It complements existing executive orders
addressing this issue. It also will result in more absentee ballots
being counted by allowing ballots in envelopes showing cancellation mark
with a date not later than the day of the election to be counted.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not yet determined.

 
EFFECTIVE DATE:
Section one of this bill shall take effect one week following the day on
which the 2020 primary election, currently scheduled for June 23, 2020,
is conducted; sections two through six of this.bill shall take effect
immediately. This act shall expire and be deemed repealed on December
31, 2020.

2019-S8130C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8130--C
 
                             I N  S E N A T E
 
                              March 24, 2020
                                ___________
 
 Introduced  by  Sens. MYRIE, CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER --
   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  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the election law, in relation to absentee voting; and
   providing for the repeal of such provisions upon the expiration there-
   of
 
   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 separately amended by chapters 97 and 104 of  the  laws
 of 2010, 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]  WHEN  SUCH
 VOTER requests [such] an absentee ballot from such board of elections in
 writing  in  a  letter, telefax indicating the address, phone number and
 the telefax number from which the  writing  is  sent  or  other  written
 instrument, OR AN ELECTRONIC APPLICATION SUBMITTED BY THE VOTER BY ELEC-
 TRONIC  MAIL  OR  THROUGH AN ELECTRONIC TRANSMITTAL SYSTEM OR WEB PORTAL
 ESTABLISHED BY THE STATE BOARD OF ELECTIONS OR CITY OR COUNTY  BOARD  OF
 ELECTIONS,  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 or voter registration application or an
 absentee ballot application 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 or voter registration
 application or an absentee ballot application in a letter as provided in
 paragraph  d  of  subdivision one of section 11-202 of this chapter. The
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15910-08-0

 S. 8130--C                          2
 
 board of elections shall enclose with such ballot a form of  application
 for  absentee  ballot  if the applicant is registered with such board of
 elections.
   § 2. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 155 of the laws of 1994, is amended to read as follows:
   1. The board of elections shall cause all absentee 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 govern-
 ment, with a date which is ascertained to be  not  later  than  the  day
 [before]  OF  THE  election  and received by such board of elections not
 later than seven days following the day of  election  [to  be  cast  and
 counted  except  that  the absentee 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].
   §  3.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
 9-209 of the election law, as amended by chapter  104  of  the  laws  of
 2010, is amended to read as follows:
   (iii)  If  such  a  federal write-in absentee ballot is received after
 election day, the envelope in which it is received must contain:  (A)  a
 cancellation mark of the United States postal service or a foreign coun-
 try's  postal  service;  (B)  a  dated endorsement of receipt by another
 agency of the United States government; or (C) if  cast  by  a  military
 voter,  the signature and date of the voter and one witness thereto with
 a date which is ascertained to be not later than the day [before] OF THE
 election [day].
   § 4. Subdivision 1 of section 10-114 of the election law,  as  amended
 by chapter 165 of the laws of 2009, 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]  OF  THE
 election  and  received  by such board of elections not later than seven
 days following the day of a primary election and not later than thirteen
 days following the day of a general or special election to be  cast  and
 counted.
   §  5.  Subdivision 1 of section 11-110 of the election law, as amended
 by chapter 99 of the laws of 1989, is amended to read as follows:
   1. To be counted, any ballot cast under the provisions of this article
 must be received by the appropriate board of elections  not  later  than
 the close of the polls on election day except that all ballots contained
 in  envelopes  showing  a  cancellation mark of the United States postal
 service, or a foreign country's postal service  with  a  date  which  is
 ascertained to be not later than the day [before] OF THE election, shall
 be cast and counted if received by the board of elections not later than
 seven days following the day of election.
   §  6. Section 11-212 of the election law, as amended by chapter 163 of
 the laws of 2010, is amended to read as follows:
   § 11-212. Special federal ballots; deadline for receipt.  All  special
 federal  ballots  received by the board of elections before the close of
 the polls on election day shall be retained by the  board  of  elections

 S. 8130--C                          3
 
 and  cast  and  canvassed pursuant to section 9-209 of this chapter. 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, with a date which is ascertained to be not  later  than  the
 day  [before]  OF THE 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  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.
   §  7.  This  act shall take effect immediately; provided however, that
 section one of this act shall take effect one week after the date of the
 2020 New York primary election, currently scheduled for June  23,  2020;
 provided  further, this act shall expire and be deemed repealed December
 31, 2020.

co-Sponsors

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2019-S8130D (ACTIVE) - Details

See Assembly Version of this Bill:: A10516
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-412, 9-209, 10-114, 11-110 & 11-212, El L

2019-S8130D (ACTIVE) - Summary

Permits electronic application for absentee ballots and removes requirement that such application be signed by the voter; provides for the repeal of such provisions upon expiration.

2019-S8130D (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8130D

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to recognize increased options for qualified
voters to request an absentee ballot in light of the COVID-19 pandemic
emergency by recognizing requests through electronic means, and to modi-
fy certain requirements relating to the date by which a ballot must be
postmarked.

 
SUMMARY OF PROVISIONS:

Section 1 amends Election Law 8-400(2)(c) to allow qualified voters to
request an absentee ballot by electronic mail, an electronic transmittal
system or a web portal established by the state board of elections or

city or county board of elections and dispenses with the requirement
that absentee ballot requests be signed by the voter no matter what
alternative method is used for the request.

Sections 2, 3, 4, 5, and 6 amend the Election Law to require that all
absentee ballots received by the Board of Elections be cast if the
envelope in which they are contained shows a cancellation mark with a
date not later than the day of the election.

Section 7 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version makes technical changes.

 
JUSTIFICATION:

This legislation will help increase voter participation during the
COVID-19 pandemic by recognizing additional ways that qualified voters
may request an absentee ballot. It complements existing executive orders
addressing this issue. It also will result in more absentee ballots
being counted by allowing ballots in envelopes showing cancellation mark
with a date not later than the day of the election to be counted.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not yet determined.

 
EFFECTIVE DATE:
Section one of this bill shall take effect one week following the day on
which the 2020 primary election, currently scheduled for June 23, 2020,
is conducted; sections two through six of this bill shall take effect
immediately. This act shall expire and be deemed repealed on December
31, 2020.

2019-S8130D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8130--D
 
                             I N  S E N A T E
 
                              March 24, 2020
                                ___________
 
 Introduced  by  Sens.  MYRIE,  CARLUCCI, GOUNARDES, HOYLMAN, MAY, MAYER,
   RIVERA -- 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  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged  and  said  bill  committed  to  the
   Committee  on  Rules  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to  absentee  voting;  and
   providing for the repeal of such provisions upon the expiration there-
   of
 
   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 separately amended by chapters 97 and 104 of the laws
 of 2010, 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] WHEN SUCH
 VOTER requests [such] an absentee ballot from such board of elections in
 writing in a letter, telefax indicating the address,  phone  number  and
 the  telefax  number  from  which  the  writing is sent or other written
 instrument, OR AN ELECTRONIC APPLICATION SUBMITTED BY THE VOTER BY ELEC-
 TRONIC MAIL OR THROUGH AN ELECTRONIC TRANSMITTAL SYSTEM  OR  WEB  PORTAL
 ESTABLISHED  BY  THE STATE BOARD OF ELECTIONS OR CITY OR COUNTY BOARD OF
 ELECTIONS, 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 or voter registration  application  or  an
 absentee ballot application in a letter as provided in subdivision three
 of  section  10-106  of  this  chapter;  and provided further, a special
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15910-10-0

 S. 8130--D                          2
 
 federal voter may request a special federal ballot or voter registration
 application or an absentee ballot application 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 if the applicant is registered with  such  board  of
 elections.
   § 2. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 155 of the laws of 1994, is amended to read as follows:
   1. The board of elections shall cause all absentee 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 govern-
 ment, with a date which is ascertained to be  not  later  than  the  day
 [before]  OF  THE  election  and received by such board of elections not
 later than seven days following the day  of  election  to  be  cast  and
 counted  [except  that the absentee 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].
   §  3.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
 9-209 of the election law, as amended by chapter  104  of  the  laws  of
 2010, is amended to read as follows:
   (iii)  If  such  a  federal write-in absentee ballot is received after
 election day, the envelope in which it is received must contain:  (A)  a
 cancellation mark of the United States postal service or a foreign coun-
 try's  postal  service;  (B)  a  dated endorsement of receipt by another
 agency of the United States government; or (C) if  cast  by  a  military
 voter,  the signature and date of the voter and one witness thereto with
 a date which is ascertained to be not later than the day [before] OF THE
 election [day].
   § 4. Subdivision 1 of section 10-114 of the election law,  as  amended
 by chapter 165 of the laws of 2009, 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]  OF  THE
 election  and  received  by such board of elections not later than seven
 days following the day of a primary election and not later than thirteen
 days following the day of a general or special election to be  cast  and
 counted.
   §  5.  Subdivision 1 of section 11-110 of the election law, as amended
 by chapter 99 of the laws of 1989, is amended to read as follows:
   1. To be counted, any ballot cast under the provisions of this article
 must be received by the appropriate board of elections  not  later  than
 the close of the polls on election day except that all ballots contained
 in  envelopes  showing  a  cancellation mark of the United States postal
 service, or a foreign country's postal service  with  a  date  which  is
 ascertained to be not later than the day [before] OF THE election, shall
 be cast and counted if received by the board of elections not later than
 seven days following the day of election.
   §  6. Section 11-212 of the election law, as amended by chapter 163 of
 the laws of 2010, is amended to read as follows:

 S. 8130--D                          3
 
   § 11-212. Special federal ballots; deadline for receipt.  All  special
 federal  ballots  received by the board of elections before the close of
 the polls on election day shall be retained by the  board  of  elections
 and  cast  and  canvassed pursuant to section 9-209 of this chapter. 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,  with  a  date which is ascertained to be not later than the
 day [before] OF THE 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 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.
   § 7. This act shall take effect immediately;  provided  however,  that
 section one of this act shall take effect one week after the date of the
 2020  New  York primary election, currently scheduled for June 23, 2020;
 provided further, this act shall expire and be deemed repealed  December
 31, 2020.

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Senate Bill S8130D

Sponsored By

Archive: Last Bill Status - Signed by Governor

May 28, 2020 - Floor Vote

Floor Vote: May 28, 2020

May 24, 2020 - Rules Committee Vote

Rules Committee Vote: May 24, 2020

Bill Amendments

co-Sponsors

2019-S8130 - Details

2019-S8130 - Summary

2019-S8130 - Sponsor Memo

2019-S8130 - Bill Text download pdf

co-Sponsors

2019-S8130A - Details

2019-S8130A - Summary

2019-S8130A - Sponsor Memo

2019-S8130A - Bill Text download pdf

co-Sponsors

2019-S8130B - Details

2019-S8130B - Summary

2019-S8130B - Sponsor Memo

2019-S8130B - Bill Text download pdf

co-Sponsors

2019-S8130C - Details

2019-S8130C - Summary

2019-S8130C - Sponsor Memo

2019-S8130C - Bill Text download pdf

co-Sponsors

2019-S8130D (ACTIVE) - Details

2019-S8130D (ACTIVE) - Summary

2019-S8130D (ACTIVE) - Sponsor Memo

2019-S8130D (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8130D

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2019-S8130 - Details

2019-S8130 - Summary

2019-S8130 - Sponsor Memo

2019-S8130 - Bill Text download pdf

co-Sponsors

2019-S8130A - Details

2019-S8130A - Summary

2019-S8130A - Sponsor Memo

2019-S8130A - Bill Text download pdf

co-Sponsors

2019-S8130B - Details

2019-S8130B - Summary

2019-S8130B - Sponsor Memo

2019-S8130B - Bill Text download pdf

co-Sponsors

2019-S8130C - Details

2019-S8130C - Summary

2019-S8130C - Sponsor Memo

2019-S8130C - Bill Text download pdf

co-Sponsors

2019-S8130D (ACTIVE) - Details

2019-S8130D (ACTIVE) - Summary

2019-S8130D (ACTIVE) - Sponsor Memo

2019-S8130D (ACTIVE) - Bill Text download pdf

Comments