What's happening
This bill allows New York voters to request absentee ballots by telephone without needing to complete a written application.
Why it matters
Removes paperwork barriers for voters with limited mobility or access. By allowing voters to request absentee ballots by phone, the bill significantly reduces obstacles for people who cannot easily submit written or electronic applications—such as elderly, disabled, or technologically challenged voters.
Increases administrative responsibility but streamlines voter access. Boards of elections must now keep written records of all phone requests and may fill out the application on behalf of the voter. This increases their recordkeeping duties, but ensures no one is denied a ballot for paperwork issues.
Prevents technicalities from disenfranchising voters. The law explicitly prevents absentee ballots requested by phone from being invalidated due to incomplete or missing written applications, protecting voters from losing their vote because of administrative errors.
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Who cares
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Sponsors
No co-sponsors yet.
History
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8950
IN SENATE
September 2, 2020
Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 2 of section 8-400 of the election law, as amended by chapter 216 of the laws of 1988, is amended to read as follows:
A qualified voter desiring to vote at such election as an absentee voter for any reason specified in subdivision one hereof must make application for an absentee ballot on a form to be obtained and filed as provided herein or [by letter] as provided in paragraph (d) of this subdivision.
§ 2. Paragraph (d) of subdivision 2 of section 8-400 of the election law, as amended by chapter 138 of the laws of 2020, 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, when such voter requests 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, or by telephone, or an electronic application submitted by the voter by electronic mail or through an electronic transmittal system or web portal established by the state board of elections or city or county board of elections, which is received by the board of elections not 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17204-03-0
S. 8950 2
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.]
(i) For purposes of this subdivision, a voter requesting an absentee ballot by telephone shall not be required to complete an application prior to or simultaneously with receiving the ballot. The board of elections receiving the telephone request shall maintain a written record of all such telephone requests for an absentee ballot, and may complete the absentee ballot application as such record on behalf of the voter requesting the absentee ballot, provided that no ballot requested or issued pursuant to this subparagraph shall be deemed invalid for lack of a complete absentee ballot application for any reason.
§ 3. 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, or by telephone, 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 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.]
(i) For purposes of this subdivision, a voter requesting an absentee ballot by telephone shall not be required to complete an application prior to or simultaneously with receiving the ballot. The board of elections receiving the telephone request shall maintain a written record of all such telephone requests for an absentee ballot, and may complete the absentee ballot application as such record on behalf of the voter requesting the absentee ballot, provided that no ballot requested or issued pursuant to this subparagraph shall be deemed invalid for lack of a complete absentee ballot application for any reason.
§ 4. This act shall take effect immediately; provided that the amendments to paragraph (d) of subdivision 2 of section 8-400 of the election law made by section two of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 7 of chapter 91 of the laws of 2020, as amended, when upon such date the provisions of section three of this act shall take effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to requests for absentee ballots
Summary of provisions
Section one of the bill amends the election law to clarify that a quali- fied voter is not limited to only apply for an absentee ballot by letter.
Sections two and three of the bill amend the election law to provide that a qualified voter may apply to vote by absentee ballot by telephone without needing to complete an additional application prior to receiving the absentee ballot or simultaneously with receiving the absentee ballot.
Section four of the bill is the effective date.
Justification
This bill will allow qualified voters to call their boards of elections and apply for an absentee ballot by telephone. This will prevent the disenfranchisement of voters who may not have necessary internet access or digital literacy to apply for an absentee ballot through an online portal, if provided by their local board of elections, and do not want formally a request an application by mail. This is especially important during a time when there are increased requests to vote by absentee due to the novel coronavirus COVID-19 and the U.S. Postal Service is over- burdened.
This bill also clarifies that if someone applies for an absentee ballot by phone, no additional application is necessary either before receiving the ballot or at the same time as receiving an absentee ballot. This alleviates voter confusion and eases the administrative burden on boards of elections and the mail system since it eliminates extraneous mail- ings.
Fiscal impact on the state
To be determined.
Fiscal impact on localities
To be determined.
Legislative history
New Bill
Effective date
This act shall take effect immediately; provided, however, that the amendments to paragraph (d) of subdivision 2 of section 8-400 of the election law made by section two of this act shall be subject to expira- tion and reversion of such paragraph pursuant to section 7 of chapter 91 of the laws of 2020, as amended, when upon such date the provisions of section three of this act shall take effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.