S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3608
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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
 
   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: (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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00705-01-1

 S. 3608                             2
 
 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
 APPLICATIONS.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE
 APPLICATION OF THE ELECTRONIC SIGNATURE PROVISIONS OF THE STATE TECHNOL-
 OGY LAW WITH RESPECT TO APPLICATIONS FOR AN ABSENTEE BALLOT.
   § 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 or in person notwithstanding that a prior copy was
 sent to the board of elections by facsimile transmission  or  electronic
 mail.  A  COMPLETED  MILITARY  BALLOT APPLICATION SUBMITTED BY FACSIMILE
 TRANSMISSION OR ELECTRONIC MAIL OR THROUGH AN ELECTRONIC  FILING  SYSTEM
 ESTABLISHED  BY THE STATE BOARD OF ELECTIONS SHALL BE AN ORIGINAL APPLI-
 CATION AND NO CONFORMING PAPER SUBMISSION SHALL BE REQUIRED.
   § 3. Subdivision 2 of section 11-203 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 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. A COMPLETED SPECIAL FEDERAL  BALLOT
 APPLICATION  SUBMITTED  BY  FACSIMILE TRANSMISSION OR ELECTRONIC MAIL OR
 THROUGH AN ELECTRONIC FILING SYSTEM ESTABLISHED BY THE  STATE  BOARD  OF
 ELECTIONS  SHALL  BE  AN  ORIGINAL  APPLICATION  AND NO CONFORMING PAPER
 SUBMISSION SHALL BE REQUIRED.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.