NY State Senate Bill 2021-S333

Senate Bill S333

2021-2022 Legislative Session

Relates to establishing an electronic military ballot application and military ballot transmittal system

download bill text pdf

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

2021-S333 (ACTIVE) - Details

See Assembly Version of this Bill:: A1294
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §10-110, amd §§10-107 & 10-112, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6894, A8780
2023-2024: S2405, A1555

2021-S333 (ACTIVE) - Summary

Establishes an electronic military ballot application and military ballot transmittal system through which applicants may apply for a military ballot and return a marked military ballot, online.

2021-S333 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S333

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to establishing an elec-
tronic military ballot application and military ballot transmittal
system

 
PURPOSE OF THE BILL:

The purpose of this bill is to allow members of the military with a
Common Access Card (CAC) to digitally submit a ballot request form, and
to complete, sign and return an absentee ballot electronically.

 
SUMMARY OF PROVISIONS:

Section 1 amends the election law by adding a new section 10-110 requir-
ing that the state board of elections establish and maintain an elec-
tronic military ballot application and military ballot transmittal
system through which applicants may apply for and return a marked mili-

tary ballot online; and defines the term "digital signature" as the
certificate-based digital information code issued to qualified personnel
by the United States department of defense as part of the common access
card or its successor, as used in this article.

Section 2 amends subdivision 2 of section 10-107 of the election law to
establish that regardless of the form the military voter receives their
ballot in, it must be returned either by mail, by the electronic trans-
mittal system established in section 10-110, or in person.

Section 3 amends section 10-112 of the election law to establish that a
military voter has the option to utilize the electronic military ballot
application and military ballot transmittal system and sign such ballot
with their digital signature as provided for in section 10-110.

Section 4 establishes the effective date.

 
JUSTIFICATION:

The purpose of this legislation is to make it easier and more efficient
for military voters stationed overseas to receive, complete and return
their ballot. Currently, a military voter may register to vote electron-
ically and may receive an absentee ballot electronically, but they
cannot sign their ballot with an electronic signature and return it via
email. This is just one way to make our service member's lives less
complicated and will ensure that those who protect our freedoms are not
disenfranchised or discouraged from voting simply because the process is
too complex, or the necessary equipment (such as a scanner and fax
machine) is not available. This legislation will also likely ensure a
more timely return on absentee ballots from service members stationed
overseas.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S6894/A8780

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
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.

2021-S333 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    333
 
                        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 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.
                                                            LBD01204-01-1

 S. 333                              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.

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