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

BILL NUMBER:S5127

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 boards of elections to provide an electronic system for voters to apply for absentee ballots.

Summary of provisions

Section 1 of the bill amends 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, 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 or certified.

Section 2 of the bill amends section 8-400 of the election law to add a subdivision (11), requiring county boards of elections to offer voters a chance to apply for an absentee ballot by electronic form on the board's website, submitted over a secure connection. 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. The 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 of the bill provides for severability.

Section 4 of the bill establishes the 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 the state 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

2010: A09385 (Kavanagh) - Election Law

Fiscal impact on the state

None.

Effective date

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