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A10807 Summary:

SPONSORRules (Taylor)
COSPNSRJacobson, Paulin, Otis, Lupardo, Buchwald, Rosenthal L, Abinanti
Amd 8-400, El L
Relates to requests for absentee ballots; when they may be received.
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A10807 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10807                  Revised 7/15/2020
SPONSOR: Rules (Taylor)
  TITLE OF BILL: An act to amend the election law, in relation to requests for absentee ballots   PURPOSE: The bill would allow absentee ballot applications to be sent to county boards of elections for processing earlier than current law provides.   SUMMARY OF PROVISIONS: The bill would amend paragraph (d) of subdivision two of section 8-400 of the election law to allow receipt and require processing of absentee ballot applications received by county boards of election earlier than the 30 day period before election currently specified in paragraph (d).   JUSTIFICATION: This bill would amend an enacted 2020 chapter of law concerning absentee ballot applications and the absentee ballot process. Current law states that an absentee ballot may be requested by a commu- nication received by a county Board no sooner than 30 days before the date on which the election is to be held. During this year's primary elections, New York City and many counties had a significant backlog of requested ballots. Many more absentee ballots were sought this year due to public concern and the restrictions on public activities, in place in response to the COVID-19 virus. To address and ease this problem, this bill would remove this thirty day provision through the end of 2020, so that applications for ballots may be received sooner and more ballot requests can be efficiently proc- essed.   PRIOR LEGISLATIVE HISTORY: This is new legislation.   FISCAL IMPLICATIONS: Uncertain.   EFFECTIVE DATE: Immediately, and the bill would sunset at the end of 2020.
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A10807 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      July 15, 2020
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Taylor) --
          read once and referred to the Committee on Codes
        AN ACT to amend the election law, in relation to requests  for  absentee
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (d) of subdivision 2  of  section  8-400  of  the
     2  election  law,  as amended by chapter 91 of the laws of 2020, is amended
     3  to read as follows:
     4    (d) The board of elections shall mail  an  absentee  ballot  to  every
     5  qualified  voter  otherwise  eligible for such a ballot, when such voter
     6  requests an absentee ballot from such board of elections in writing in a
     7  letter, telefax indicating the address, phone  number  and  the  telefax
     8  number from which the writing is sent or other written instrument, or an
     9  electronic  application  submitted  by  the  voter by electronic mail or
    10  through an electronic transmittal system or web  portal  established  by
    11  the state board of elections or city or county board of elections, which
    12  is  received  by  the board of elections not [earlier than the thirtieth
    13  day nor] later than the seventh day before the election  for  which  the
    14  ballot  is  first requested and which states the address where the voter
    15  is registered and the address to which  the  ballot  is  to  be  mailed;
    16  provided,  however,  a  military  voter may request a military ballot or
    17  voter registration application or an absentee ballot  application  in  a
    18  letter  as provided in subdivision three of section 10-106 of this chap-
    19  ter; and provided further, a special federal voter may request a special
    20  federal ballot or voter registration application or an  absentee  ballot
    21  application in a letter as provided in paragraph d of subdivision one of
    22  section  11-202  of  this  chapter. The board of elections shall enclose
    23  with such ballot a form of application for absentee ballot if the appli-
    24  cant is registered with such board of elections.
    25    § 2. This act shall take effect immediately; provided,  however,  that
    26  the  amendments  to  subdivision  2 of section 8-400 of the election law
    27  made by section one of this act shall not affect the expiration of  such
    28  subdivision and shall be deemed to expire therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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