BILL NUMBER: S6995
SPONSOR: GONZALEZ
 
TITLE OF BILL:
An act to amend the election law, the education law and the town law, in
relation to voting by mail
 
PURPOSE OR GENERAL IDEA OF BILL:
To harmonize New York's early mail ballot process and improve procedures
for military and special federal voters.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 7-119 of the election law concerning early mail
ballot envelopes to allow county boards of elections to use the same
envelopes for both early mail and absentee ballots.
Section 2 amend section 7-122 of the election law concerning absentee
ballot envelopes to allow county board of elections to use the same
envelopes for both early mail and absentee ballots.
Section 3 amends section 8-400 of the election law to provide that if an
applicant for an absentee ballot does not provide a reason that the
applicant is entitled to an absentee ballot, the application shall be
processed as an application for an early mail ballot.
Section 4 amends section 8-400 of the election law to provide that a
voter who receives absentee ballots on an ongoing basis for all
elections because the voter is permanently disabled shall no longer
receive absentee ballots if the voter's registration is inactivated.
Section 5 amends section 8-400 of the election law to provide that the
instructions on an absentee ballot application shall indicate that if an
applicant for an absentee ballot does not provide a reason that the
applicant is entitled to an absentee ballot, the application shall be
processed as an application for an early mail ballot, and the applicant
will be sent an early mail ballot if otherwise eligible.
Section 6 amends section 8-402 of the election law to provide that if an
applicant for an absentee ballot does not provide a reason that the
applicant is entitled to an absentee ballot, the county board of
elections shall process the application as an application for an early
mail ballot.
Section 7 amends section 8-402 of the election law to provide that if an
absentee ballot application is processed as an application for an early
mail ballot, no notification of rejection is necessary.
Section 8 amends section 8-700 of the election law to provide that a
registered voter may apply to receive early mail ballots for all
elections in an election cycle.
Section 9 amends section 8-702 of the election law to provide that an
early mail ballot application shall be rejected if the applicant is not
eligible to vote in any of the elections for which the application is
filed.
Section 10 amends section 10-106 of the election law to allow an appli-
cation for a military ballot to be submitted by mail, facsimile trans-
mission, electronic mail, or other electronic method established by the
State Board of Elections.
Section 11 amends section 10-107 of the election law to allow an appli-
cation for a military ballot or voter registration application by a
military voter to be submitted by mail, facsimile transmission, elec-
tronic mail, or other electronic method established by the State Board
of Elections.
Section 12 amends section 10-108 of the election law to allow a voter
who applies for a military ballot to continue receiving a military
ballot for subsequent elections unless the voter's registration is
cancelled or placed in inactive status, the voter ceases to meet the
qualifications to vote a military ballot, or the voter requests other-
wise.
Section 13 amends section 10-109 of the election law to provide that if
a military voter notifies a board of elections of a move to a new mili-
tary address, the board shall continue to transmit a military ballot to
the voter at the new address.
Section 14 amends section 11-202 of the election law to allow an appli-
cation for a special federal ballot to be submitted by mail, facsimile
transmission, electronic mail, or other electronic method established by
the State Board of Elections and allows a voter who applies for a
special federal ballot to continue receiving such ballot for subsequent
elections unless the voter's registration is cancelled or placed in
inactive status, the voter ceases to meet the qualifications to vote as
a special federal voter, or the voter requests otherwise.
Section 15 amends section 11-203 of the election law to allow an appli-
cation for a special federal ballot or voter registration application by
a special federal voter to be submitted by mail, facsimile transmission,
electronic mail, or other electronic method established by the State
Board of Elections.
Section 16 amends section 11-208 of the election law to harmonize the
registration deadline for special federal voters with other sections of
the election law and provides that if a special federal voter notifies a
board of elections of a move to a new address outside the United States,
the board shall continue to transmit a special federal ballot to the
voter at the new address.
Section 17 amends section 11-210 of the election law to provide that a
county board of elections need not mail an application for a special
federal ballot to a voter who is already scheduled to receive a special
federal ballot for that election.
Section 18 amends section 15-119 of the election law to provide that a
registered voter may apply to receive early mail ballots for all village
elections in an election cycle.
Sections 19 and 20 amend section 15-120 of the election law to provide
that if an applicant for an absentee ballot for a village election does
not provide a reason that the applicant is entitled to an absentee
ballot, the application shall be processed as an application for an
early mail ballot.
Section 21 amends section 15-122 of the election law to provide that the
instructions on an absentee ballot application shall indicate that if an
applicant for an absentee ballot does not provide a reason that the
applicant is entitled to an absentee ballot, the application shall be
processed as an application for an early mail ballot, and the applicant
will be sent an early mail ballot if otherwise eligible.
Section 22 amends section 17-132 of the election law to provide that a
person whose absentee ballot application is processed as an early mail
ballot application is not subject to penalty for attempting to vote as
an absentee voter.
Sections 23 and 24 amend section 2018-a of the education law to provide
that if an applicant for an absentee ballot for a school district
election does not provide a reason that the applicant is entitled to an
absentee ballot, the application shall be processed as an application
for an early mail ballot. The instructions on an absentee ballot appli-
cation shall indicate that if an applicant for an absentee ballot does
not provide a reason that the applicant is entitled to an absentee
ballot, the application shall be processed as an application for an
early mail ballot, and the applicant will be sent an early mail ballot
if otherwise eligible.
Section 25 amends section 2018-a of the education law to allow a board
of registration to use the same envelopes for both early mail and absen-
tee ballots.
Sections 26 and 27 amend section 2018-b of the education law to provide
that if an applicant for an absentee ballot for a school district
election does not provide a reason that the applicant is entitled to an
absentee ballot, the application shall be processed as an application
for an early mail ballot.
Section 28 amends section 2018-b of the education law to allow a clerk
of a school district to use the same envelopes for both early mail and
absentee ballots.
Section 29 amends section 2018-e of the education law to allow a board
of registration to use the same envelopes for both early mail and absen-
tee ballots.
Section 30 amends section 2018-f of the education law to allow a clerk
of a school district to use the same envelopes for both early mail and
absentee ballots.
Sections 31 and 32 amend section 84-a of the town law to provide that if
an applicant for an absentee ballot for a town election does not provide
a reason that the applicant is entitled to an absentee ballot, the
application shall be processed as an application for an early mail
ballot.
Section 33 amends section 84-a of the town law to allow a board of
registration to use the same envelopes for both early mail and absentee
ballots.
Section 34 amends section 84-b of the town law to allow a board of
registration to use the same envelopes for both early mail and absentee
ballots.
Section 35 of the bill sets the effective date.
 
JUSTIFICATION:
In 2023, New York honored its commitment to expanding voter access by
adopting the Early Mail Voter Act, which created a method of mail voting
available to all registered voters in parallel with New York's long-
standing procedures for absentee voting.
This bill makes improvements to the early mail voting process and
harmonizes certain requirements with absentee voting to streamline
election administration and improve voter convenience.
First, the bill revises the text on early mail and absentee ballot
envelopes to allow election officials to use the same envelopes for both
types of ballots, saving printing costs for election officials and
avoiding situations where election officials run out of one type of
envelope or unintentionally use an absentee ballot envelope for an early
mail ballot and vice versa.
Second, the bill provides that if a registered voter submits an absentee
ballot application that is otherwise complete, but the voter fails to
indicate a reason that they are entitled to an absentee ballot, the
application shall be processed as an early mail ballot application. This
avoids penalizing a voter simply for using the wrong form to request a
mail ballot and minimizes the need for election officials to unnecessar-
ily reject an application and route a voter to a different form when
they have all the needed information.
Third, the bill allows registered voters applying for an early mail
ballot to request a ballot for all elections in a two-year election
cycle, allowing voters to avoid filing multiple requests, and saving
election officials the time and effort of processing these additional
requests.
This bill also makes two improvements to the mail voting process for
military and overseas voters.
First, the bill allows military and overseas voters (known as special
federal voters) to submit their applications to register to vote and
request a mail ballot by electronic means or by fax. Under current law,
military and overseas voters may only submit applications to register to
vote and request a mail ballot by postal mail. New York is one of only
eight states that require military and overseas voters to submit these
applications by postal mail.
Second, the bill allows military and overseas voters to continue to
receive a mail ballot for elections as tong as they remain eligible and
in military or special federal status. Under current law, military and
overseas voters must renew their registration and request for a mail
ballot every four years. This bill would align New York with seven other
states that allow military and overseas voters to continue to receive
ballots as long as they remain eligible, without the need to period-
ically renew their requests.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

Statutes affected:
S6995: 8-400 election law, 8-400(3) election law, 8-400(4) election law, 8-402 election law, 8-402(1) election law, 8-402(5) election law, 8-700 election law, 8-700(5) election law, 8-702 election law, 8-702(2) election law, 10-106 election law, 10-106(2) election law, 10-107 election law, 10-107(2) election law, 10-108 election law, 10-108(1) election law, 10-109 election law, 10-109(2) election law, 11-203 election law, 11-203(2) election law, 15-119 election law, 15-119(4) 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, 17-132 election law, 2018-a education law, 2018-a(2) education law, 2018-a(3) education law, 2018-b education law, 2018-b(2) education law, 2018-b(3) education law, 2018-e education law, 2018-e(5) education law, 2018-f education law, 2018-f(6) education law, 84-a town law, 84-a(2) town law, 84-a(3) town law, 84-b town law, 84-b(5) town law