S T A T E O F N E W Y O R K
________________________________________________________________________
1028
2021-2022 Regular Sessions
I N S E N A T E
January 6, 2021
___________
Introduced by Sen. COMRIE -- 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 absentee ballot track-
ing
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 8-414
to read as follows:
§ 8-414. ABSENTEE BALLOT TRACKING. 1. THE STATE BOARD OF ELECTIONS
SHALL ESTABLISH AND MAINTAIN AN ELECTRONIC ABSENTEE BALLOT TRACKING
SYSTEM BY WAY OF A SECURE WEBSITE OR WEB PORTAL THROUGH WHICH ANY REGIS-
TERED VOTER IN THE STATE WHO HAS SUBMITTED AN APPLICATION FOR AN ABSEN-
TEE BALLOT, OR WHO OTHERWISE HAS A RIGHT TO RECEIVE AN ABSENTEE BALLOT,
FOR AN UPCOMING ELECTION PURSUANT TO THIS CHAPTER MAY VIEW THE CURRENT
STATUS OF THEIR ABSENTEE APPLICATION OR ABSENTEE BALLOT. SUCH WEBSITE
SHALL NOT REQUIRE USERS TO CREATE AN ACCOUNT. SUCH WEBSITE SHALL INDI-
CATE FOR EACH SUCH VOTER WHETHER THE VOTER'S BOARD OF ELECTIONS HAS:
A. RECEIVED SUCH VOTER'S REQUEST FOR AN ABSENTEE BALLOT, IF APPLICA-
BLE;
B. APPROVED OR REJECTED SUCH REQUEST, IF APPLICABLE, AND, IF REJECTED,
A BRIEF STATEMENT OF THE REASON FOR REJECTION;
C. MAILED OR DELIVERED AN ABSENTEE BALLOT TO SUCH VOTER FOR SUCH
UPCOMING ELECTION;
D. RECEIVED SUCH VOTER'S COMPLETED ABSENTEE BALLOT FOR SUCH UPCOMING
ELECTION;
E. COUNTED OR REJECTED SUCH VOTER'S COMPLETED ABSENTEE BALLOT FOR SUCH
UPCOMING ELECTION, AND, IF REJECTED, A BRIEF STATEMENT OF THE REASON FOR
REJECTION; AND
F. DETERMINED THAT THE BALLOT ENVELOPE IS SUBJECT TO A CURE PURSUANT
TO SUBDIVISIONS THREE AND THREE-A OF SECTION 9-209 OF THIS CHAPTER, THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07485-01-1
S. 1028 2
DEADLINE TO SUBMIT THE CURE, AND HOW TO OBTAIN INFORMATION ABOUT THE
CURE FROM THE APPLICABLE BOARD OF ELECTIONS, IF APPLICABLE.
2. EACH COUNTY BOARD OF ELECTIONS SHALL TRANSMIT ELECTRONICALLY IN A
FORMAT AND TIMEFRAME TO BE DETERMINED BY THE STATE BOARD OF ELECTIONS,
THE DATA REQUIRED BY THE STATE BOARD OF ELECTIONS TO BE FURNISHED TO
EFFECTUATE THE REQUIREMENTS OF THIS SECTION.
3. THE ABSENTEE BALLOT TRACKING WEBSITE OR PORTAL PROVIDED FOR BY THIS
SECTION SHALL BE USED TO PROVIDE INFORMATION TO A VOTER SEEKING INFORMA-
TION ABOUT THE VOTER'S OWN BALLOT AND SHALL NOT BE USED TO PROVIDE SUCH
INFORMATION TO OTHERS.
4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY COUNTY
BOARD OF ELECTIONS OR THE BOARD OF THE ELECTIONS OF THE CITY OF NEW YORK
MAY ESTABLISH AND MAINTAIN AN ELECTRONIC ABSENTEE BALLOT TRACKING SYSTEM
BY WAY OF A SECURE WEBSITE OR WEB PORTAL FOR ABSENTEE BALLOT APPLICANTS
WHO ARE RESIDENTS OF THE RESPECTIVE COUNTY OR CITY OF NEW YORK.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediate-
ly, the state board of elections shall be authorized to implement neces-
sary rules and regulations and to take steps required to implement this
act; and the county boards of elections or the board of elections for
the city of New York may establish and maintain an electronic absentee
ballot tracking system pursuant to section one of this act.