NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION 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
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).
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-
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
Immediately, and the bill would sunset at the end of 2020.
STATE OF NEW YORK
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.