BILL NUMBER: S7394A
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the election law, the education law, the town law and
the New York city charter, in relation to establishing early mail voting
 
PURPOSE:
The purpose of this bill is to create an early mail voting system in
NYS.
 
SUMMARY OF PROVISIONS:
Section 1 titles the bill the "New York Early Mail Voter Act."
Section 2 amends article 8 of the election law to add a new title 7
laying out how individuals apply for an early vote by mail ballot, how
those ballots are delivered, the establishment of an electronic early
mail ballot application transmittal system, the method behind the proc-
ess, deadlines and delivery timelines to polling places, and the estab-
lishment of an online early mail ballot tracking system.
Section 3 amends paragraphs c and d of subdivision 2 of section 8-400 of
the election law to state that applications for absentee ballots must be
received by the board of elections no later than the 10th day before the
election.
Section 4 amends election law by adding a new section 7-119 which estab-
lishes how early mail voter ballots shall be fonnulated and counted for
general, primary, and special elections.
Section 5 amends election law by adding a new section 15-119 which
establishes how the early mail voting process shall function in village
elections.
Section 6 amends paragraph b of subdivision 2 of section 15-124 of
selection law to state that duties of the village clerk in village
elections shall also include the investigation of any registrant or
applicant for an early mail ballot.
Section 7 amends subdivision 4 of section 3-108 of the election law to
add references to early mail voting methods.
Section 8 amends subdivision 3 of section 3-222 of the election law to
add references to early mail for preservation of ballots and ballot
envelopes; examination of early mail ballots; and unopened early mail
ballots.
Section 9 amends section 3-506 of the election law to state that boards
of elections providing information in Russian in a city with a popu-
lation of over 1 million shall include information for obtaining and
early mail ballot.
Section 10 amends subdivision 1 of section 4-117 of the election law to
state that the board of elections, when mailing notice of an election to
every registered voter, shall indicate that any registered voter may
vote early by mail by applying for an early mail ballot, and provide
information on how to apply for an early mail ballot.
Section 11 amends subdivision 1 of section 4-119 of election law to add
that NYC board of elections shall include in their publications in at
least 2 newspapers information about applications for early mail
ballots.
Section 12 amends subdivision 3 of section 4-120 of the election law to
add that NYC board of elections shall include in their publications in
at least 2 newspapers information about applications for early mail
ballots.
Section 13 amends subdivision 9 of section 5-210 of election law to
state that county boards of elections shall provide notice to regis-
trants that any registered voter may vote early by mail and provide
information on how to obtain an early mail ballot.
Section 14 amends subdivision 18 of section 5-211 of the election law to
state that SUNY and CUNY institutions will include a link to applica-
tions for early mail ballots on their voter education webpage.
Section 15 amends subdivision 5 of section 5-215 of the election law to
state that veterans health administration hospitals in which any veteran
entitled to vote in this state is a resident or patient, located outside
of the state of NY, an application for an early mail shall constitute
permanent personal registration.
Section 16 amends subdivision 1 of section 5-502 of election law to add
that the board of elections shall furnish in time for use by the boards
of inspectors of election early mail ballot applications.
Section 17 amends paragraph i of subdivision 3 of section 5-614 of the
election law to add that local boards of elections are allowed to use
their own systems to process early mail voters.
Section 18 amends subdivision 2-a and subparagraph ii of paragraph e of
subdivision 3 of section 8-302 of election law to add that if a voter
appears in the ledger or computer generated registration list with a
notation that the board of elections has issued an early mail ballot,
such voter shall not be permitted to vote on a voting machine at an
early voting site but may vote by affidavit ballot. This section also
states that such affidavits shall be printed on an envelope of the size
and quality used for an early mail ballot envelope.
Section 19 amends section 8-502 of election law to add that any person
may be challenged their right to vote by early mail.
Section 20 amends the section heading and subdivision 1 of section 8-506
of election law to include references to challenges of early mail
ballots, and also states that a challenge to an early mail ballot may
not be made on the basis that the voter should have applied for an
absentee ballot, and a challenge to an absentee ballot may not be made
on the basis that the voter should have applied for an early mail
ballot.
Section 21 amends subdivisions 1 and 3 of section 9-124 of election law
to add a reference to earl mail voting insofar as it relates to portable
memory devices from each ballot scanner including such ballots which may
have been delivered to the poll site during election day. In addition,
this section adds that in NYC, the board of inspectors shall deliver any
early mail ballots which may have been delivered to the poll site during
election day.
Section 22 amends the section heading and opening paragraph, subdivision
1, the subdivision heading and opening paragraph of subdivision 2, para-
graphs a and b of subdivision 4, the subdivision heading and paragraph f
of subdivision 6, paragraphs a and k of subdivision 7, the subdivision
heading and paragraph a of subdivision 8 and 9 of section 9-209 of
election law to add mention of canvass of early mail ballots, including
receipt, review, casting, ballot tracking system inclusion, and post-e-
lection review of such ballots.
Section 23 amends section 10-122 of the election law to add that mili-
tary voters may vote early by mail.
Section 24 amends subdivision 2 of section 10-124 of election law to
clarify that the state board of elections is responsible for including
information regarding voter registration procedures and ballot proce-
dures.
Section 25 amends section 11-300 of election law to add that a voter may
deliver at any time during which an early mail application may be deliv-
ered a written statement of religious scruples against voting at a poll-
ing place located in a premises used for religious purposes.
Section 26 amends subdivision 1 of section 11-306 of election law to add
that signed written statements regarding being a victim of domestic
violence may be delivered to the board of elections at any time during
which early mail ballot applications may be delivered.
Section 27 amends subdivisions 1 and 2 of section 11-308 of election law
to add that emergency responder registered voters may apply for a
special ballot without regard to early mail application deadlines.
Section 28 amends section 15-100 of election law to add reference to
early mail voting as it relates to the application of the article to all
general and special village elections applying to village elections.
Section 29 amends subdivision 8 of section 15-118 of election law to add
that the village clerk shall deliver to inspectors a list of all persons
who have applied for early mail ballots for the election which the
registration meeting is being held.
Section 30 amends subdivisions 1 and 5 of section 16-106 of selection
law to add reference to early mail as it relates to the post-election
refusal to cast such ballots.
Section 31 amends subdivision 4 of section 16-108 of election law to add
that unlawfully denied early mail ballots or applications shall be
compelled to be delivered by courts, justices, or judges in a related
proceeding.
Section 32 amends subdivision 8 of section 17-132 of election law to add
reference to fraudulently signing the name of another on an early mail
voter's envelope.
Section 33 amends paragraph b of subdivision 1 of section 17-212 of
election law to add actions involving early mail voting as violations of
these sections.
Section 34 amends subdivision 1 of section 1512 of the education law to
state that provision shall be made to vote by early mail ballots in
district meetings.
Section 35 amends subdivision 5 of section 1522 of education law to
state that provision shall be made to vote by early mail ballots in
meetings for establishments of union free school district meetings.
Section 36 amends subdivision 1 of section 1524 of the education law to
state that provision shall be made to vote by early mail ballots as it
relates to consolidation with city school districts. Section 37 amends
subdivision 5 of section 1803 of election law to state that the commis-
sioner of education may order modifications in the manner of voting as
are customary for school district elections including those to early
mail ballots.
Section 38 amends paragraph f of subdivision 2 of section 1803-a of the
education law to state that provision shall be made to vote by early
mail ballots in central school district voting.
Section 39 amends subdivision 2 of section 1951 of election law to state
that the board of cooperative education services shall provide early
ballots to qualified voters, and that the commission shall adopt regu-
lations for the purpose of implementing this process.
Section 40 amends subdivision 7 of section 2004 of education law to add
that notice for early mail ballots for election of board members may be
applied for at the office of the clerk of the district, and that a list
of all persons to whom early mail ballots have been issued will be
available in the office of the clerk.
Section 41 amends subdivisions 3 and 6 of section 2018-a of election law
to state that a challenge to an absentee ballot may not be made on the
basis that the voter should have applied for an early mail ballot.
Section 42 amends paragraph a of subdivision 2 and subdivisions 3 and 7
of section 2018-b of education law to add that a challenge to an absen-
tee ballot may not be made on the basis that the voter should have
applied for an early mail ballot. 1.10¤'
Section 43 amends education law by adding a new section 2018-e which
states that early mail ballots for school district elections shall be
provided for the election of members of the board of education and
school district public library trustees, the adoption of the annual
budget and school district public library budget and referenda, and sets
forth how such early mail voting shall occur.
Section 44 amends education law by adding a new section 2018-f which
states that early mail ballots for school district elections by poll
registration shall be provided for the election of the trustees or
members of the board and school district public library trustees, the
adoption of the annual budget and school district public library budget
and referenda, and sets forth how such early mail voting shall occur.
Section 45 amends section 2613 of the education law to add that the
board of education of each city district shall provide early mail
ballots.
Section 46 amends subdivision 5 of section 84 of the town law to state
that the board of registration shall place the names of all qualified
voters who made application for early mail ballots on the register.
Section 47 amends subdivision 3 and paragraph a of subdivision 6 of
section 84-a of the town law to state that a challenge to an absentee
ballot may not be made on the basis that the voter should have applied
for an early mail ballot.
Section 48 amends the town law to add a new section 84-b which states
that early mail ballots shall be provided for all special town elections
for which personal registration is required.
Section 49 amends paragraph 1 of subdivision a of section 1053 of the
NYC charter to include reference to early mail insofar as it relates to
what must be included in materials.
Section 50 amends paragraph 8 of subdivision b of section 1054 of the
NYC charter to add reference to early mail voting insofar as it relates
to conducting yearly training for all relevant staff of the department
of correction.
Section 51 amends subdivision 9 of section 1057-a of NYC charter to add
that the department of correction shall implement and administer a
program of distribution and submission of early mail applications and
received early mail ballots for eligible incarcerated individuals.
Section 52 amends paragraph 3 of subdivision a of section 1057-d of the
NYC charter to add notification of the deadline for submission of an
early mail voting application.
Section 53 amends subdivision a of section 1057-e of the NYC charter to
add reference to early mail ballots.
Section 54 amends the last undesignated paragraph of subparagraph a of
paragraph 3 of subdivision d of section 1057-g of the NYC charter to add
that there is a right to a replacement early mail ballot.
Section 55 sets the effective date.
 
EXISTING LAW:
Click here
 
JUSTIFICATION:
New York must be a lifejacket for democracy and combat the national tide
and demonstrate free, fair, elections with ease of participation. This
legislation intends to make New York State a leader in engaging the
electorate, meeting voters where they are and opening up greater oppor-
tunities for people to have their choices made on the ballot.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
TBD.
 
LOCAL FISCAL IMPLICATIONS: TBD.
 
EFFECTIVE DATE:
This act shall take effect January 1, 2024 and shall apply to any gener-
al, primary, run-off primary, or special election held thereafter.

Statutes affected:
S7394: 8-400 election law, 8-400(3) election law, 15-120 election law, 15-120(4) election law, 15-120(5) election law, 15-122 election law, 15-122(6) election law, 15-124 election law, 15-124(2) election law, 3-108 election law, 3-108(4) election law, 3-222 election law, 3-222(3) election law, 3-506 election law, 4-117 election law, 4-117(1) election law, 4-119 election law, 4-119(1) election law, 4-120 election law, 4-120(3) election law, 5-210 election law, 5-210(9) election law, 5-211 election law, 5-211(18) election law, 5-215 election law, 5-215(5) election law, 5-502 election law, 5-502(1) election law, 5-614 election law, 5-614(3) election law, 8-502 election law, 10-122 election law, 10-124 election law, 10-124(2) election law, 11-300 election law, 11-306 election law, 11-306(1) election law, 15-100 election law, 15-118 election law, 15-118(8) election law, 16-108 election law, 16-108(4) election law, 17-132 election law, 17-132(8) election law, 17-212 election law, 17-212(1) election law, 1512 education law, 1512(1) education law, 1522 education law, 1522(5) education law, 1524 education law, 1524(1) education law, 1803 education law, 1803(5) education law, 1803-a education law, 1803-a(2) education law, 1951 education law, 1951(2) education law, 2004 education law, 2004(7) education law, 2018-a education law, 2018-a(2) education law, 2613 education law, 84 town law, 84(5) town law, 84-a town law, 84-a(2) town law
S7394A: 15-124 election law, 15-124(2) election law, 3-108 election law, 3-108(4) election law, 3-222 election law, 3-222(3) election law, 3-506 election law, 4-117 election law, 4-117(1) election law, 4-119 election law, 4-119(1) election law, 4-120 election law, 4-120(3) election law, 5-210 election law, 5-210(9) election law, 5-211 election law, 5-211(18) election law, 5-215 election law, 5-215(5) election law, 5-502 election law, 5-502(1) election law, 5-614 election law, 5-614(3) election law, 8-502 election law, 10-122 election law, 10-124 election law, 10-124(2) election law, 11-300 election law, 11-306 election law, 11-306(1) election law, 15-100 election law, 15-118 election law, 15-118(8) election law, 16-108 election law, 16-108(4) election law, 17-132 election law, 17-132(8) election law, 17-212 election law, 17-212(1) election law, 1512 education law, 1512(1) education law, 1522 education law, 1522(5) education law, 1524 education law, 1524(1) education law, 1803 education law, 1803(5) education law, 1803-a education law, 1803-a(2) education law, 1951 education law, 1951(2) education law, 2004 education law, 2004(7) education law, 2018-a education law, 2018-a(6) education law, 2613 education law, 84 town law, 84(5) town law, 84-a town law, 84-a(6) town law