NY State Senate Bill 2023-S2892

Current 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 03, 2024	referred to elections
Jan 25, 2023	referred to elections

co-Sponsors

2023-S2892 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§8-400, 8-410 & 11-203, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7596
2021-2022: S267

2023-S2892 (ACTIVE) - Summary

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

2023-S2892 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2892

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:

Section 1 amends paragraph (c) of subdivision 2 of section 8-400 of the
election law as amended by chapter 321 of the laws of 1988 which allows
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.

Section 2 amends section 8-410 of election law as amended by chapter 352
of the laws of 1986 which makes formatting changes to the existing law
and allows electronic mail for submission of the ballot using the elec-
tronic absentee ballot transmittal system.

Section 3 amends the election law by adding a new section 8-414 which
details the electronic absentee ballot transmittal system to be estab-
lished 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 absen-
tee ballot transmittal system to persons eligible to vote in elections
in New York who reside in a country other than the United States.

Section 4 amends section 11-203 of the election law, as added by chapter
104 of the laws of 2010 which eliminates 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 provides the effective date.

 
JUSTIFICATION:

Thousands of Americans are eligible and eager to vote, yet they live
overseas. New York is one of nineteen states that does not allow elec-
tronic transmission of ballots. New York's Election Law makes it impos-
sible for those Americans to exercise their right to vote by requiring
the receipt of mailed documents in spite of their choice to use permit-
ted methods of electronic transmission and receipt of the same docu-
ments. In many countries, the postal system is so slow and inefficient
that deadlines 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 many coun-
tries, residents must travel long distances to a post office, and other
countries do not even have viable postal systems. The security of elec-
tronic receipt and transmission of voting documents is no longer an
issue and has been answered. With the revolution in computer and commu-
nications technology, the mailing requirement has become unnecessary.

 
LEGISLATIVE HISTORY:

S267 of 2021-22: Referred to Elections.

S57596 of 2019-20: Referred to Elections.

 
FISCAL IMPLICATIONS:

To be determined.

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

2023-S2892 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2892
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  HOYLMAN-SIGAL  --  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 separately amended by chapters 273 and 746 of the  laws
 of 2021, is amended to read as follows:
   (c) All applications requesting an absentee ballot BE DELIVERED TO THE
 VOTER  OR  AN  AGENT  by  mail or through the electronic absentee ballot
 application  transmittal  system  must  be  received  by  the  board  of
 elections not later than the fifteenth day before the election for which
 a  ballot  is  first requested. Applications for an absentee ballot that
 will be delivered in person at the board of elections to the voter or to
 an agent of the voter must be received by 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 APPLI-
 CATION  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00813-01-3

 S. 2892                             2
 
 ELECTRONIC FILING SYSTEM ESTABLISHED PURSUANT TO THIS SECTION. AN APPLI-
 CATION 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 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 TECHNOLOGY LAW WITH RESPECT TO APPLICATIONS  FOR
 AN ABSENTEE BALLOT.
   §  2.  Section 8-410 of the election law, as amended by chapter 228 of
 the laws of 2022, 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. In cases where the express intent of the voter is unam-
 biguous, any stray marks or writing shall not be a basis for  voiding  a
 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. 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
 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-
 S. 2892                             3

 standing that a prior copy was sent to the board of elections by facsim-
 ile transmission or electronic mail.]
   §  4. 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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lfaruolo

9 months ago

NY expat living abroad for 12 years, current Country Chair for Democrats Abroad. Of course I support electronic ballot!

wlin7439

9 months ago

Brooklyn voter living abroad for 6 years, current Vice Chair of my local Democrats Abroad chapter. I also support electronic absentee ballot applications and absentee ballot return!

germanyjen

9 months ago

Such an important bill!! Tens of 1000s of NYers live and vote from abroad and pay a high price to return their ballots on time and have their voices heard. Electronic ballot return is the only way to make sure all NYers living abroad can participate in elections without unnecessary obstacles.

randiw

9 months ago

Leader of Democrats Abroad New York State Team. Many overseas voters do NOT have access to reliable postal mail systems and/or mail takes many weeks to arrive in the US. Electronic ballot access for overseas, military and visually impaired (could use screen readers to vote) voters will provide equal access for ALL US voters. Many other states having been using electronic return for years with no issues. New Yorkers deserve better. Let's get this done.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2892

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

2023-S2892 (ACTIVE) - Details

2023-S2892 (ACTIVE) - Summary

2023-S2892 (ACTIVE) - Sponsor Memo

2023-S2892 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2892

Share this bill

Sponsored By

Zellnor Myrie

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Rachel May

2023-S2892 (ACTIVE) - Details

2023-S2892 (ACTIVE) - Summary

2023-S2892 (ACTIVE) - Sponsor Memo

2023-S2892 (ACTIVE) - Bill Text download pdf

Comments