S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6719
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 11, 2025
                                ___________
 
 Introduced  by  M.  of A. SIMONE, BENEDETTO -- read once and referred to
   the Committee on Election Law
 
 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 481 of the laws of 2023, 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 tenth 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  ELECTRONIC  MAIL ADDRESS AND TELEPHONE
 FACSIMILE NUMBER REQUIRED BY THIS SECTION AND SHALL PROVIDE  A  LINK  TO
 THE  ONLINE  ELECTRONIC  FILING  SYSTEM  ESTABLISHED  PURSUANT  TO  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06295-01-5
              

 A. 6719                             2
 
 SECTION. AN APPLICATION DELIVERED TO THE BOARD OF ELECTIONS BY ELECTRON-
 IC MEANS SHALL BE AN ORIGINAL APPLICATION WITHOUT NECESSITY FOR A SUBSE-
 QUENT 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 CHAP-
 TER, SUCH APPLICATION SHALL BE DEEMED RECEIVED AS OF  THE  NEXT  DAY  ON
 WHICH  THE BOARD IS OPEN TO RECEIVE ABSENTEE BALLOT APPLICATIONS.  NOTH-
 ING 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  500  of
 the laws of 2024, 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] SUCH VOTER shall make no mark or writing whatsoever upon the
 ballot, except as above prescribed, and shall see that it bears no  such
 mark  or writing.   [He or she] SUCH VOTER shall make no mark or writing
 whatsoever on the outside of the ballot.  In  cases  where  the  express
 intent of the voter is unambiguous, 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] SUCH VOTER shall fold each such ballot  and  enclose
 them in the envelope and seal the envelope. [He or she] SUCH VOTER 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] THEIR residence or deposited in an absentee ballot drop box
 established  by  the  board  of  elections  of the county or city of the
 voter's residence.
   3. SUBMISSION OF THE BALLOT; BY ELECTRONIC MAIL. SUCH VOTER SHALL THEN
 TAKE AND SUBSCRIBE THE OATH IN THE ELECTRONIC MAIL, WITH BLANKS PROPERLY
 FILLED IN. SUCH VOTER SHALL THEN RETURN THE BALLOT OR BALLOTS VIA  ELEC-
 TRONIC  MAIL TO THE STATE BOARD OF ELECTIONS USING THE ELECTRONIC ABSEN-
 TEE 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
 A. 6719                             3

 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.]
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.