NY State Senate Bill 2015-S861

Senate Bill S861

2015-2016 Legislative Session

Requires county boards to create systems for processing electronic requests for absentee ballots

download bill text pdf

Archive: Last 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to elections
Jan 07, 2015	referred to elections

co-Sponsors

2015-S861 (ACTIVE) - Details

See Assembly Version of this Bill:: A5602
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9385
2011-2012: S5127, A5895
2013-2014: S1989, A3796
2017-2018: S1660

2015-S861 (ACTIVE) - Summary

Requires county boards to create systems for processing electronic requests for absentee ballots.

2015-S861 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S861

TITLE OF BILL:

An act to amend the election law, in relation to requiring county
boards to create systems for processing electronic requests for
absentee ballots

PURPOSE:

This bill modernizes election law by requiring county boards of
elections to provide an electronic system for voters to apply for
absentee ballots.

SUMMARY OF PROVISIONS:

Section 1. Amends paragraph (d) of subdivision 2 of section 8-400 of
the election law to permit requests for an absentee ballot by a
communication other than a "letter," and replaces the signature
requirement with the requirement that applications be signed and
certified.

Section 2. Adds a new subdivision 11 to section 8-400 of the election
law to requiring county boards of elections to enable voters to apply
for an absentee ballot by electronic form submitted over a secure
internet connection through the board's website. It further defines

the requirements that such electronic systems should meet to ensure
election integrity, and requires boards of elections to notify voters
of an unsuccessful application. This new subdivision also provides
that the method of the application's communication should affect
neither the information requirements of the application, nor be
presumed to alter the constitutional or statutory requirements that
voters must meet before being issued an absentee ballot.

Section 3. Severability clause.

Section 4. Effective date.

JUSTIFICATION:

Under current New York law, voters can register to vote by absentee
ballot by obtaining a form and mailing it to the board of elections.
Forms are generally available for download on the state board of
elections website, as well as many local board of elections' sites.
While this is a step forward, it should be the policy of New York to
provide voters who will be absent from their home county on election
day with as many opportunities as possible to obtain and submit a
valid absentee ballot application.

Therefore, this bill would permit voters to request an absentee ballot
by completing a form provided on websites maintained by county boards
of elections. The bill also permits a voter to sign their absentee
ballot application electronically. E-signatures today see wide
implementation in electronic commerce, and New York law recognizes
their validity when parties seek to use them (N.Y. State Tech. Code
sections 303-309, 2009). Boards of elections are not required to use
New York's corresponding e-signature regulatory regime, they need only


implement reasonable guarantees of security, but may at their
discretion.

Other jurisdictions have experimented with electronic requests for
absentee ballots. Delaware permits requests by electronic mail
(Delaware Code title 15, section 5503, 2009). Similarly, election
authorities in Maine have the option of accepting electronic
applications, which more than 180 cities and towns have already
implemented (Maine Revised Statutes, title 21A, section 753-A(6),
2009). Finally, the bill provides that it shall not be construed to
alter the requirements a voter must meet before being eligible for an
absentee ballot, or the content of the application. Only the method of
delivery is affected.

LEGISLATIVE HISTORY:

2013-14: S1989/A3796 - Elections/Election Law
2011-12: S5127/A5895 - Elections/Election Law

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2015-S861 (ACTIVE) - Bill Text download pdf

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

                                   861

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by Sens. CARLUCCI, HASSELL-THOMPSON, PARKER, PERKINS -- 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 requiring county boards
  to  create  systems  for  processing  electronic requests for absentee
  ballots

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

  Section  1.  Paragraph  (d)  of  subdivision 2 of section 8-400 of the
election law, as separately amended by chapters 97 and 104 of  the  laws
of 2010, is amended to read as follows:
  (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,
telefax indicating the address, phone number and the telefax number from
which  the writing is sent or other written instrument] A COMMUNICATION,
which is signed AND CERTIFIED 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 military voter
may request a military ballot or voter registration  application  or  an
absentee ballot application in a letter as provided in subdivision 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03806-01-5

S. 861                              2

  S  2.  Section  8-400  of  the election law is amended by adding a new
subdivision 11 to read as follows:
  11.  (A)  THE BOARD OF ELECTIONS OF EACH COUNTY SHALL ENACT PROCEDURES
AND REGULATIONS TO ENABLE VOTERS  TO  REQUEST  AND  APPLY  FOR  ABSENTEE
BALLOTS  BY  MEANS OF A FORM SUBMITTED OVER A SECURE INTERNET CONNECTION
THROUGH THE WEBSITE OF THE BOARD AND/OR THE COUNTY.
  (B) ANY ELECTRONIC REQUEST FOR AN ABSENTEE  BALLOT  SUBMITTED  THROUGH
SUCH  A  WEBSITE  SHALL  BE  DEEMED  TO CONSTITUTE AN APPLICATION FOR AN
ABSENTEE BALLOT WITHIN THE MEANING OF THIS SECTION,  PROVIDED  THAT  THE
ELECTRONIC FORM:
  (I) REQUESTS THE VOTER TO SUPPLY THAT INFORMATION REQUIRED BY SUBDIVI-
SION THREE OF THIS SECTION;
  (II)  CONTAINS  THE  LANGUAGE  REQUIRED  BY  SUBDIVISION  FIVE OF THIS
SECTION;
  (III) PROMPTS THE VOTER, UPON  COMPLETION,  TO  SUBMIT  AN  ELECTRONIC
SIGNATURE SUFFICIENT TO REASONABLY GUARANTEE THE VOTER'S IDENTITY;
  (IV)  INFORMS  THE VOTER THAT SUCH SIGNATURE HAS THE SAME LEGAL EFFECT
AS A SIGNATURE EXECUTED BY HAND; AND
  (V) DOES NOT PERMIT THE SUBMISSION OF  A  FORM  SO  INCOMPLETE  AS  TO
RENDER THE BOARD UNABLE TO PROCESS IT THROUGH ITS NORMAL PROCEDURES.
  (C)  IN  THE  CASE OF SUCH ELECTRONIC REQUESTS, THE BOARD OF ELECTIONS
SHALL PROVIDE TIMELY NOTIFICATION TO THE VOTER OF ANY  DEFECT  IN  THEIR
ELECTRONIC  APPLICATION.  SUCH  NOTIFICATION MAY BE SENT TO THE VOTER BY
ELECTRONIC MAIL.
  (D) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO ALTER THE INFORMA-
TION REQUIRED ON AN ABSENTEE BALLOT APPLICATION, OR THE  QUALIFICATIONS,
STATUTORY OR CONSTITUTIONAL, REQUIRED TO VOTE BY ABSENTEE BALLOT.
  S  3.  Severability.  If  any provision of this act or the application
thereof shall for any reason be  adjudged  by  any  court  of  competent
jurisdiction  to  be invalid, such judgment shall not affect, impair, or
invalidate the remainder of this act, but shall be confined in its oper-
ation to the provision thereof directly involved in the  controversy  in
which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

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 S861

Share this bill

Sponsored By

David Carlucci