NY State Senate Bill 2021-S267

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Jan 06, 2021	referred to elections

co-Sponsors

2021-S267 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-410 & 11-203, add §8-414, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7596
2023-2024: S2892

2021-S267 (ACTIVE) - Summary

Relates to an electronically submitted absentee ballot application and absentee ballot.

2021-S267 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S267

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to authorizing electronic
absentee ballot applications and absentee ballot submissions

 
PURPOSE:

To assist Americans living abroad to exercise their right to vote.

 
SUMMARY OF PROVISIONS:

This law amends sections of the Election Law that deal with absentee
voting.

Section 1 amends Election Law § 8-400(2) (c) to permit applications for
ballots to be transmitted by telephone facsimile transmission, as an
attachment to an electronic mail transmission sent to an electronic mail
address designated by the board of elections and through an online elec-

tronic absentee ballot application filing system to be established by
the board of elections, which will then transmit the application to the
appropriate board of elections for processing. The subdivision then sets
forth additional guidance concerning the website for each board of
elections and rules for the effective date of receipt. Reference is also
made to use of the State Technology Law with respect to applications for
an absentee ballot.

Section 2 amends Election Law § 8-410 of the Election Law by making
formatting changes to the existing law and then adds addresses
submission of the ballot by electronic mail using the system outlined in
Section 1.

Section 3 adds a new § 8-414 detailing the electronic absentee ballot
transmittal system to be established and maintained by the State Board
of Elections for the purpose of delivering, receiving and processing
marked absentee ballot information, including digital signatures and
limits the use of the electronic absentee ballot transmittal system to
persons eligible to vote in elections in New York who reside in a coun-
try other than the United States.

Section 4 amends § 11-203 of the Election Law, which deals with "Special
federal voters by eliminating the requirement that special federal
ballot applications and ballots must be returned by mail or in person
notwithstanding that a prior copy was sent to the Board of Elections by
facsimile transmission or electronic mail.

Section 5 makes the effective date of the act the first day of January
next succeeding the date on which it shall have become a law.

 
JUSTIFICATION:

Thousands of Americans who are eligible and eager to vote live overseas.
Yet New York is one of nineteen states that do not allow electronic
transmission. New York's Election Law makes it impossible for those
patriotic Americans to exercise their right to vote by requiring the
receipt of mailed documents in spite of their choice to use permitted
methods of electronic transmission and receipt of the same documents. In
many countries, the postal system is so slow and inefficient that dead-
lines for receipt of the absentee ballot applications and ballots cannot
be met. Moreover, not all countries have postal systems that provide
pick-up and delivery of mail to households, in some countries, residents
must travel long distances to post offices, and some countries do not
even have viable postal systems. The security of electronic receipt and
transmission of voting documents is no longer an issue and have been
answered. With the revolution in computer and communications technology,
the mailing requirement has become unnecessary.

 
LEGISLATIVE HISTORY:

2019-20: 57596 (Myrie)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The first day of January next succeeding the date on which it shall
become a law.

2021-S267 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    267
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE, HOYLMAN -- 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 authorizing  electronic
   absentee ballot applications and absentee ballot submissions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 2  of  section  8-400  of  the
 election  law, as amended by chapter 321 of the laws of 1988, is amended
 to read as follows:
   (c) All applications REQUESTING THAT A  BALLOT  BE  DELIVERED  TO  THE
 VOTER  OR  AN AGENT BY MAIL must be mailed to the board of elections not
 later than the seventh day before the election for  which  a  ballot  is
 first  requested  or,  FOR APPLICATIONS REQUESTING IN-PERSON DELIVERY OF
 THE BALLOT TO THE VOTER OR AN AGENT AT THE BOARD OF ELECTIONS,  MUST  BE
 delivered  to such board not later than the day before such election. IN
 ADDITION TO POSTAL OR PERSONAL DELIVERY OF THE APPLICATION TO THE  BOARD
 OF  ELECTIONS,  THE BOARD OF ELECTIONS SHALL ACCEPT DELIVERY OF ABSENTEE
 BALLOT APPLICATIONS FROM PERSONS RESIDING IN A COUNTRY  OTHER  THAN  THE
 UNITED  STATES WHILE MAINTAINING ELIGIBILITY TO VOTE IN ELECTIONS IN NEW
 YORK: (I) BY TELEPHONE FACSIMILE TRANSMISSION TO A  PHONE  NUMBER  WHICH
 SHALL  BE DESIGNATED BY THE BOARD OF ELECTIONS; (II) AS AN ATTACHMENT TO
 AN ELECTRONIC MAIL TRANSMISSION SENT TO AN ELECTRONIC MAIL ADDRESS WHICH
 SHALL BE DESIGNATED BY THE BOARD OF  ELECTIONS;  AND  (III)  THROUGH  AN
 ONLINE  ELECTRONIC ABSENTEE BALLOT APPLICATION FILING SYSTEM WHICH SHALL
 BE ESTABLISHED BY THE STATE BOARD OF ELECTIONS AND WHICH SHALL  TRANSMIT
 EACH  APPLICATION  TO THE APPROPRIATE BOARD OF ELECTIONS FOR PROCESSING.
 THE WEBSITE FOR EACH  BOARD  OF  ELECTIONS  SHALL  ADVERTISE  THE  EMAIL
 ADDRESS  AND  TELEPHONE  FACSIMILE  NUMBER  REQUIRED BY THIS SECTION AND
 SHALL PROVIDE A LINK TO THE ONLINE ELECTRONIC FILING SYSTEM  ESTABLISHED
 PURSUANT  TO  THIS  SECTION.  AN  APPLICATION  DELIVERED TO THE BOARD OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02434-01-1

 S. 267                              2
 
 ELECTIONS BY ELECTRONIC MEANS SHALL BE AN ORIGINAL  APPLICATION  WITHOUT
 NECESSITY  FOR  A  SUBSEQUENT  CONFORMING  PAPER SUBMISSION AND SHALL BE
 DEEMED FILED WHEN RECEIVED BY THE BOARD OF ELECTIONS, EXCEPT IF RECEIVED
 BY ELECTRONIC MEANS AFTER BUSINESS HOURS OR EXTENDED HOURS AS DESIGNATED
 BY  THIS  CHAPTER,  SUCH  APPLICATION SHALL BE DEEMED RECEIVED AS OF THE
 NEXT DAY ON WHICH THE BOARD IS OPEN TO RECEIVE ABSENTEE BALLOT  APPLICA-
 TIONS.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE APPLI-
 CATION OF THE ELECTRONIC SIGNATURE PROVISIONS OF  THE  STATE  TECHNOLOGY
 LAW WITH RESPECT TO APPLICATIONS FOR AN ABSENTEE BALLOT.
   §  2.  Section 8-410 of the election law, as amended by chapter 352 of
 the laws of 1986, is amended to read as follows:
   § 8-410. Absentee voting; method of. 1. MARKING  OF  THE  BALLOT.  The
 absentee  voter  shall  mark  an  absentee  ballot as provided for paper
 ballots or ballots prepared for counting by ballot counting machines. He
 OR SHE shall make no mark or writing whatsoever upon the ballot,  except
 as  above  prescribed, and shall see that it bears no such mark or writ-
 ing. He OR SHE shall make no mark or writing whatsoever on  the  outside
 of the ballot.
   2.  SUBMISSION  OF  THE  BALLOT;  BY MAIL. After marking the ballot or
 ballots he OR SHE shall fold each such ballot and enclose  them  in  the
 envelope  and seal the envelope. He OR SHE shall then take and subscribe
 the oath on the envelope, with blanks properly filled in. The  envelope,
 containing  the  ballot or ballots, shall then be mailed or delivered to
 the board of elections of the county or city of his OR HER residence.
   3. SUBMISSION OF THE BALLOT; BY ELECTRONIC MAIL. HE OR SHE SHALL  THEN
 TAKE  AND  SUBSCRIBE  THE OATH IN THE EMAIL, WITH BLANKS PROPERLY FILLED
 IN. HE OR SHE SHALL THEN RETURN THE BALLOT  OR  BALLOTS  VIA  ELECTRONIC
 MAIL  TO  THE  STATE  BOARD  OF  ELECTIONS USING THE ELECTRONIC ABSENTEE
 BALLOT TRANSMITTAL SYSTEM.
   § 3. The election law is amended by adding a new section 8-414 to read
 as follows:
   § 8-414.  ABSENTEE  VOTERS;  ELECTRONIC  ABSENTEE  BALLOT  TRANSMITTAL
 SYSTEM.  1. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN
 ELECTRONIC ABSENTEE BALLOT TRANSMITTAL SYSTEM THROUGH  WHICH  APPLICANTS
 MAY  RETURN  A  MARKED  ABSENTEE BALLOT VIA ELECTRONIC MAIL.   THE STATE
 BOARD OF ELECTIONS SHALL DELIVER SUCH 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 MARKED ABSENTEE BALLOT INFORMATION, INCLUDING DIGITAL  SIGNA-
 TURES,  FROM THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM ESTAB-
 LISHED BY THE STATE BOARD OF ELECTIONS. NOTWITHSTANDING ANY OTHER INCON-
 SISTENT PROVISION OF THIS CHAPTER, BALLOTS FILED USING SUCH SYSTEM SHALL
 BE CONSIDERED FILED WITH THE APPLICABLE BOARD OF ELECTIONS ON THE CALEN-
 DAR DATE SUCH APPLICATION OR BALLOT  IS  INITIALLY  TRANSMITTED  BY  THE
 VOTER THROUGH THE ELECTRONIC ABSENTEE BALLOT TRANSMITTAL SYSTEM.
   2.  THE  ELECTRONIC  ABSENTEE  BALLOT TRANSMITTAL SYSTEM SHALL ONLY BE
 AVAILABLE FOR PERSONS RESIDING IN A COUNTRY OTHER THAN THE UNITED STATES
 WHILE MAINTAINING ELIGIBILITY TO VOTE IN ELECTIONS IN NEW YORK.
   § 4. Section 11-203 of the election law, as added by  chapter  104  of
 the laws of 2010, is amended to read as follows:
   § 11-203. Special federal voters; designation of means of transmission
 by  special federal voters. [1.] A special federal voter may designate a
 preference to receive a voter registration application, a special feder-
 al ballot application or a special federal  ballot  by  mail,  facsimile

 S. 267                              3
 
 transmission or electronic mail. Such designation shall remain in effect
 until  revoked  or  changed  by  the special federal voter. If a special
 federal voter does not designate a preference, the  board  of  elections
 shall  transmit  the  voter  registration  application,  special federal
 ballot application or special federal  ballot  by  mail.  If  a  special
 federal  voter  designates  a  preference  for facsimile transmission or
 electronic mail but does not provide the necessary facsimile  number  or
 e-mail  address,  the board of elections shall transmit the voter regis-
 tration application,  special  federal  ballot  application  or  special
 federal ballot by mail and request the omitted information. All communi-
 cations  to  the special federal voter shall include the mailing address
 of the board of elections.
   [2. Irrespective of the preferred method of transmission designated by
 a special federal voter, a special federal  voter's  original  completed
 voter  registration  application, special federal ballot application and
 special federal ballot must be returned by mail or  in  person  notwith-
 standing that a prior copy was sent to the board of elections by facsim-
 ile transmission or electronic mail.]
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S267

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

2021-S267 (ACTIVE) - Details

2021-S267 (ACTIVE) - Summary

2021-S267 (ACTIVE) - Sponsor Memo

2021-S267 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S267

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Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Brad Hoylman-Sigal

2021-S267 (ACTIVE) - Details

2021-S267 (ACTIVE) - Summary

2021-S267 (ACTIVE) - Sponsor Memo

2021-S267 (ACTIVE) - Bill Text download pdf

Comments