S T A T E   O F   N E W   Y O R K
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                                  4313

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by M. of A. BARCLAY, OAKS, FINCH, KOLB, BLANKENBUSH, TENNEY,
  KATZ -- Multi-Sponsored by -- M. of  A.  CROUCH,  PALMESANO,  REILICH,
  THIELE -- read once and referred to the Committee on Election Law

AN  ACT  to  amend the election law, in relation to allowing application
  for absentee ballots by electronic means

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs  (a),  (c) and (d) of subdivision 2 of section
8-400 of the election law, paragraph (a) as amended by  chapter  263  of
the laws of 1991, paragraph (c) as amended by chapter 321 of the laws of
1988  and  paragraph (d) as separately amended by chapters 97 and 104 of
the laws of 2010, are amended to read as follows:
  (a) Application forms shall be furnished by and may be  obtained  from
any  board  of elections at any time until the day before such election.
FOR ANY ELECTIONS AFTER JANUARY FIRST, TWO THOUSAND  FOURTEEN,  APPLICA-
TION  FORMS  SHALL  BE MADE AVAILABLE FOR QUALIFIED VOTERS BY ELECTRONIC
MEANS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,  TELEFACSIMILE  TRANS-
MISSION  OR ELECTRONIC MAIL. Application forms shall also be supplied by
the board of inspectors of the election district in which applicant is a
qualified voter on all of the days provided for local  registration.  In
addition,  application  forms  shall be supplied upon the request of the
person authorized to vote pursuant to this section,  any  such  person's
spouse,  parent  or  child,  a  person  residing with the applicant as a
member of his household,  or  the  applicant's  duly  authorized  agent.
Application  forms  sent outside of the United States to a country other
than Canada or Mexico, shall be sent airmail. Any reference to "board of
elections" in the remaining provisions  of  this  section,  except  with
respect  to  the  furnishing  and obtaining of applications for absentee
ballots, means only the board of elections of  the  county  or  city  in
which the applicant is a qualified voter.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04862-01-3

              

A. 4313                             2

  (c) All applications must be mailed OR TRANSMITTED BY ELECTRONIC MEANS
to  the  board  of  elections  not later than the seventh day before the
election for which a ballot is first  requested  or  delivered  to  such
board not later than the day before such election.
  (d)  The  board  of  elections  shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests  such
an  absentee ballot from such board of elections in writing in a letter,
OR BY ELECTRONIC TRANSMISSION, telefax  indicating  the  address,  phone
number  and  the  telefax number from which the writing is sent or other
written instrument, which is signed by the voter  and  received  by  the
board of elections not earlier than the thirtieth day nor later than the
seventh  day before the election for which the ballot is first requested
and which states the address where  the  voter  is  registered  and  the
address  to which the ballot is to be mailed; provided, however, a mili-
tary voter may request a military ballot or voter registration  applica-
tion or an absentee ballot application in a letter as provided in subdi-
vision  three of section 10-106 of this chapter; and provided further, a
special federal voter may request a  special  federal  ballot  or  voter
registration  application  or an absentee ballot application in a letter
as provided in paragraph d of subdivision one of section 11-202 of  this
chapter. The board of elections shall enclose with such ballot a form of
application for absentee ballot if the applicant is registered with such
board of elections.
  S  2.  Subdivision 10 of section 8-400 of the election law, as amended
by chapter 373 of the laws of 1986 and as renumbered by  chapter  40  of
the laws of 2009, is amended to read as follows:
  10.  The  state board of elections shall prescribe a standard applica-
tion form for use under this section. The use of  any  application  form
which  substantially  complies with the provisions of this section shall
be acceptable and any application filed on such a form shall be accepted
for filing.  THE STATE BOARD OF ELECTIONS SHALL ALSO PRESCRIBE A  STAND-
ARD  APPLICATION  FORM  FOR  WHICH APPLICATION MAY BE MADE BY ELECTRONIC
TRANSMISSION INCLUDING, BUT NOT LIMITED TO, TELEFACSIMILE OR  ELECTRONIC
MAIL.
  S 3. This act shall take effect immediately.