Bill Text: NY S03044 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides for voter requests for an absentee ballot from the board of elections by telephone.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S03044 Detail]

Download: New_York-2023-S03044-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3044

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 27, 2023
                                       ___________

        Introduced  by  Sens.  MYRIE, BROUK, GOUNARDES -- 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 requests for absentee
          ballots

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The opening paragraph of subdivision 2 of section 8-400 of
     2  the election law, as amended by chapter 746 of  the  laws  of  2021,  is
     3  amended to read as follows:
     4    A  qualified  voter  desiring  to vote at such election as an absentee
     5  voter for any reason specified  in  subdivision  one  hereof  must  make
     6  application for an absentee ballot on a form to be obtained and filed as
     7  provided herein, [by letter] as provided in paragraph (d) of this subdi-
     8  vision,  or through the electronic absentee ballot application transmit-
     9  tal system pursuant to section 8-408 of this title.
    10    § 2. Paragraph (d) of subdivision 2 of section 8-400 of  the  election
    11  law,  as separately amended by chapters 273 and 746 of the laws of 2021,
    12  is amended to read as follows:
    13    (d) (i) The board of elections shall mail an absentee ballot to  every
    14  qualified  voter otherwise eligible for such a ballot, who requests such
    15  an absentee ballot from such board of elections in writing in a  letter,
    16  telefax indicating the address, phone number and the telefax number from
    17  which  the writing is sent or other written instrument, or by telephone,
    18  or an electronic application submitted by the voter  through  the  elec-
    19  tronic absentee ballot application transmittal system established by the
    20  state  board  of elections, which is signed by the voter and received by
    21  the board of elections not later  than  the  fifteenth  day  before  the
    22  election  for  which  the ballot is first requested and which states the
    23  address where the voter is registered  and  the  address  to  which  the
    24  ballot  is to be mailed; provided, however, a military voter may request

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00778-01-3
        S. 3044                             2

     1  a military ballot or  voter  registration  application  or  an  absentee
     2  ballot  application  in  a  letter  as  provided in subdivision three of
     3  section 10-106 of this chapter; and provided further, a special  federal
     4  voter  may request a special federal ballot or voter registration appli-
     5  cation or an absentee ballot application in  a  letter  as  provided  in
     6  paragraph  d  of subdivision one of section 11-202 of this chapter. [The
     7  board of elections shall enclose with such ballot a form of  application
     8  for  absentee  ballot  if the applicant is registered with such board of
     9  elections.]
    10    (ii) For purposes of this subdivision, a voter requesting an  absentee
    11  ballot  by  telephone  shall  not be required to complete an application
    12  prior to or simultaneously with  receiving  the  ballot.  The  board  of
    13  elections  receiving  the  telephone  request  shall  maintain a written
    14  record of all such telephone requests for an absentee  ballot,  and  may
    15  complete the absentee ballot application as such record on behalf of the
    16  voter  requesting the absentee ballot, provided that no ballot requested
    17  or issued pursuant to this subparagraph shall be deemed invalid for lack
    18  of a complete absentee ballot application for any reason.
    19    § 3. This act shall take effect immediately.