Allows for application by military voters to be made for absentee ballots by electronic means, including, but not limited to telefacsimile or electronic mail

Summary of specific provisions

Section 1 of the bill amends paragraphs a, c, and d of subdivision 2 of § 8-400 of the Election Law to require boards of elections to make absentee ballot applications available to military voters by electronic means, including telefacsimile trans- mission and email.

Section 2 of the bill amends subdivision 9 of § 8-400 of the Election Law to direct the State Board of Elections to prescribe a standard application form for military voters to apply for an absentee ballot by electronic means.

Section 3 of the bill amends § 8-406 of the Election Law to make a conforming language change by specifying that ballots going out of the United States (except to Canada or Mexico) via other than electronic means are to be mailed.

Section 4 of the bill amends subdivision I of § 8-412 of the Election Law to require boards of elections to count absentee ballots showing a computer-generated time and date stamp predating the day of the election. In addition, boards of elections are required to count absen- tee ballots cast by military voters that are received within 30 days, rather than 7 days, of an election.

Section 5 of the bill amends subdivisions 4, 7-a, and 11 of § 10-106 of the Election Law governing military voter registration and ballot appli- cation to require boards of elections to send to military voters an application for a military ballot by electronic means, and to treat an electronically transmitted application from an unregistered military voter as a registration and military ballot application or, if the mili- tary voter is already registered, to treat such application as a mili- tary ballot application. In addition, boards of elections may send a military ballot application to the immediate family members of a mili- tary voter by electronic means.

Section 6 of the bill amends subdivision 1 of § 10-108 of the Election Law to provide that boards of elections shall transmit military ballots electronically.

Section 7 of the bill amends subdivisions 2 and 5 of § 10-109 of the Election Law to specify how boards of elections are to proceed in situ- ations where a ballot, application form, or other electronic trans-

mission to a military voter is returned by a computer server as undeliv- erable and also where a military voter registration has been cancelled.

Section 8 of the bill amends subdivision 1 of § 10-112 of the Election Law to specify that a military voter utilizing electronic mail to vote shall follow the instructions contained on the ballot form.

Section 9 and 10 of the bill amends subdivision 1 of § 10-114 of the Election Law to require boards of elections to count all military ballots, including those transmitted electronically showing a computer- generated time and date stamp predating the day of the election, that are received within 30 days, rather than 7 days, of an election.

Section 11 of the bill contains the effective date.

Justification

According to data compiled by the New York State Board of Elections, approximately 40 percent of military absentee ballots in the State go uncounted. In 2008, military personnel from Upstate New York stationed away from home requested 20,092 absentee ballots to vote. Of these, only 11,866 were returned and counted. In addition, 1,246 that did get returned were rejected for reasons such as missing the deadline, missing a signature, or lacking notarization. The regions hardest hit in Upstate were the Southern Tier at slightly more than 50 percent and the Capital District with nearly 47 percent. The other Upstate regions were the North Country at about 45 percent, the Rochester-Finger Lakes area at nearly 42 percent, the Hudson Valley at almost 40 percent, and Central New York at approximately 37 percent.

According to U.S. Senator Charles Schumer, who commissioned a study of the matter by the Congressional Research Service, troops stationed over- seas need up to 82 days to complete the process of voting by absentee ballot in New York. A ballot can take up to 72 days in transit, can be with the voter for up to 3 days, and may need 7 days of processing by the State Board of Elections. New York is one of only 3 states that mandates the entire absentee voting process occur by mail.

This legislation is intended to address some of these obstacles by allowing military voters to utilize modern communications technology to ease their participation in the democratic process. Moreover, the unique circumstances of members of the armed forces engaged in protecting our country, whether in operations abroad or training at home, necessitates a longer time period in which to accept their ballots. Consequently, this bill provides a 30-day deadline, instead of 7 days, after an election for receipt of a properly dated ballot from a military voter.

Prior legislative history

New bill.

Fiscal implications for state and local governments

This will entail some cost to he State Board of Elections in relation to its formulation of electronic forms and procedures.