NY State Senate Bill 2021-S251

Archive: Last Bill Status - In Senate Committee Elections Committee

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
Jan 05, 2022	referred to elections
Jan 06, 2021	referred to elections

co-Sponsors

2021-S251 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8950
2023-2024: S3044

2021-S251 (ACTIVE) - Summary

Provides for voter requests for an absentee ballot from the board of elections by telephone.

2021-S251 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S251

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to requests for absentee
ballots

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the election law to clarify that a quali-
fied voter is not limited to only apply for an absentee ballot by
letter.

Sections two and three of the bill amend the election law to provide
that a qualified voter may apply to vote by absentee ballot by telephone
without needing to complete an additional application prior to receiving
the absentee ballot or simultaneously with receiving the absentee
ballot.

Section four of the bill is the effective date.

 
JUSTIFICATION:

This bill will allow qualified voters to call their boards of elections
and apply for an absentee ballot by telephone. This will prevent the
disenfranchisement of voters who may not have necessary internet access
or digital literacy to apply for an absentee ballot through an online
portal, if provided by their local board of elections, and do not want
formally a request an application by mail.  This is especially important
during a time when there are increased requests to vote by absentee due
to the novel coronavirus COVID-19 and the U.S. Postal Service is over-
burdened.

This bill also clarifies that if someone applies for an absentee ballot
by phone, no additional application is necessary either before receiving
the ballot or at the same time as receiving an absentee ballot. This
alleviates voter confusion and eases the administrative burden on boards
of elections and the mail system since it eliminates extraneous mail-
ings.

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
FISCAL IMPACT ON LOCALITIES:

To be determined.

 
LEGISLATIVE HISTORY:

S8950 of 2019-20

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to paragraph (d) of subdivision 2 of section 8-400 of the
election law made by section two of this act shall be subject to expira-
tion and reversion of such paragraph pursuant to section 7 of chapter 91
of the laws of 2020, as amended, when upon such date the provisions of
section three of this act shall take effect.

2021-S251 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    251
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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 requests  for  absentee
   ballots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 2 of section 8-400  of
 the  election  law,  as  amended  by chapter 216 of the laws of 1988, is
 amended to read as follows:
   A qualified voter desiring to vote at such  election  as  an  absentee
 voter  for  any  reason  specified  in  subdivision one hereof must make
 application for an absentee ballot on a form to be obtained and filed as
 provided herein or [by letter] as provided  in  paragraph  (d)  of  this
 subdivision.
   §  2.  Paragraph (d) of subdivision 2 of section 8-400 of the election
 law, as amended by chapter 138 of the laws of 2020, is amended  to  read
 as follows:
   (d)  (I) The board of elections shall mail an absentee ballot to every
 qualified voter otherwise eligible for such a ballot,  when  such  voter
 requests 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 BY
 TELEPHONE, 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  received by the board of elections not 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02485-01-1

 S. 251                              2
 
 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.]
   (II) FOR PURPOSES OF THIS SUBDIVISION, A VOTER REQUESTING AN  ABSENTEE
 BALLOT  BY  TELEPHONE  SHALL  NOT BE REQUIRED TO COMPLETE AN APPLICATION
 PRIOR TO OR SIMULTANEOUSLY WITH  RECEIVING  THE  BALLOT.  THE  BOARD  OF
 ELECTIONS  RECEIVING  THE  TELEPHONE  REQUEST  SHALL  MAINTAIN A WRITTEN
 RECORD OF ALL SUCH TELEPHONE REQUESTS FOR AN ABSENTEE  BALLOT,  AND  MAY
 COMPLETE THE ABSENTEE BALLOT APPLICATION AS SUCH RECORD ON BEHALF OF THE
 VOTER  REQUESTING THE ABSENTEE BALLOT, PROVIDED THAT NO BALLOT REQUESTED
 OR ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL BE DEEMED INVALID FOR LACK
 OF A COMPLETE ABSENTEE BALLOT APPLICATION FOR ANY REASON.
   § 3. 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) (I) 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,
 telefax indicating the address, phone number and the telefax number from
 which  the writing is sent or other written instrument, OR BY TELEPHONE,
 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 appli-
 cation 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.]
   (II) FOR PURPOSES OF THIS SUBDIVISION, A VOTER REQUESTING AN  ABSENTEE
 BALLOT  BY  TELEPHONE  SHALL  NOT BE REQUIRED TO COMPLETE AN APPLICATION
 PRIOR TO OR SIMULTANEOUSLY WITH  RECEIVING  THE  BALLOT.  THE  BOARD  OF
 ELECTIONS  RECEIVING  THE  TELEPHONE  REQUEST  SHALL  MAINTAIN A WRITTEN
 RECORD OF ALL SUCH TELEPHONE REQUESTS FOR AN ABSENTEE  BALLOT,  AND  MAY
 COMPLETE THE ABSENTEE BALLOT APPLICATION AS SUCH RECORD ON BEHALF OF THE
 VOTER  REQUESTING THE ABSENTEE BALLOT, PROVIDED THAT NO BALLOT REQUESTED
 OR ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL BE DEEMED INVALID FOR LACK
 OF A COMPLETE ABSENTEE BALLOT APPLICATION FOR ANY REASON.
   § 4. This act shall take effect immediately; provided that the  amend-
 ments to paragraph (d) of subdivision 2 of section 8-400 of the election
 law  made  by section two of this act shall be subject to the expiration
 and reversion of such paragraph pursuant to section 7 of chapter  91  of
 the  laws  of  2020,  as  amended, when upon such date the provisions of
 section three of this act shall take effect.

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Senate Bill S251

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

2021-S251 (ACTIVE) - Details

2021-S251 (ACTIVE) - Summary

2021-S251 (ACTIVE) - Sponsor Memo

2021-S251 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S251

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Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Samra G. Brouk

Andrew Gounardes

2021-S251 (ACTIVE) - Details

2021-S251 (ACTIVE) - Summary

2021-S251 (ACTIVE) - Sponsor Memo

2021-S251 (ACTIVE) - Bill Text download pdf

Comments