S. 5446 2
3. ANY PERSON WHO IS WAITING TO REGISTER TO VOTE AT THE POLLING PLACE
ON ELECTION DAY AT THE TIME SCHEDULED FOR THE CLOSING OF THE POLLS SHALL
BE ALLOWED TO VOTE IF DETERMINED TO BE QUALIFIED TO REGISTER.
S 5-217-A. EFFECT OF REGISTRATION ON ELECTION DAY. ANY PERSON WHO
REGISTERS TO VOTE ON ELECTION DAY ACCORDING TO THE PROVISIONS OF SECTION
5-217 OF THIS TITLE SHALL BE REGISTERED TO VOTE AT ALL SUBSEQUENT TOWN,
STATE, AND FEDERAL ELECTIONS.
S 2. Section 8-400 of the election law is REPEALED and a new section
8-400 is added to read as follows:
S 8-400. ABSENTEE VOTING. 1. A QUALIFIED VOTER MAY VOTE AS AN ABSENTEE
VOTER UNDER THIS CHAPTER IF, ON THE OCCURRENCE OF ANY VILLAGE ELECTION
CONDUCTED BY THE BOARD OF ELECTIONS, PRIMARY ELECTION, SPECIAL ELECTION,
GENERAL ELECTION OR NEW YORK CITY COMMUNITY SCHOOL BOARD DISTRICT OR
CITY OF BUFFALO SCHOOL DISTRICT ELECTION, IF HE OR SHE ELECTS TO DO
SUCH. ANY REFERENCE TO "BOARD OF ELECTIONS" IN THE REMAINING PROVISIONS
OF THIS SECTION MEANS ONLY THE BOARD OF ELECTIONS OF THE COUNTY OR CITY
IN WHICH THE ABSENTEE VOTER IS A QUALIFIED VOTER.
2. THE BOARD OF ELECTIONS FOR ALL COUNTIES OR CITIES SHALL MAIL AN
ABSENTEE BALLOT TO EVERY REGISTERED AND QUALIFIED VOTER RESIDING IN SUCH
COUNTY OR CITY. SUCH ABSENTEE BALLOT SHALL BE MAILED TO EVERY REGISTERED
AND QUALIFIED VOTER AT THE ADDRESS GIVEN ON HIS OR HER REGISTRATION
RECORDS NO LATER THAN THIRTY DAYS BEFORE THE SCHEDULED ELECTION IS TO BE
HELD.
3. IN THE CASE OF A PRIMARY ELECTION, THE BOARD SHALL DELIVER ONLY THE
BALLOT OF THE PARTY IN WHICH THE RECORDS OF THE BOARD OF ELECTIONS SHOW
THE ABSENTEE VOTER TO BE ENROLLED. IN THE EVENT A PRIMARY ELECTION IS
UNCONTESTED IN THE ABSENTEE VOTERS ELECTION DISTRICT FOR ALL OFFICES OR
POSITIONS EXCEPT THE PARTY POSITION OF MEMBER OF THE WARD, TOWN, CITY OR
COUNTY COMMITTEE, NO BALLOT SHALL BE DELIVERED TO SUCH ABSENTEE VOTER
FOR SUCH ELECTION; AND THE ABSENTEE VOTER SHALL BE ADVISED WHY HE OR SHE
IS NOT BEING SENT A BALLOT.
4. IF A PERSON VOTING BY ABSENTEE BALLOT IS UNABLE TO SIGN HIS OR HER
SIGNATURE BECAUSE OF ILLNESS, PHYSICAL DISABILITY OR INABILITY TO READ,
HE OR SHE SHALL BE EXCUSED FROM SIGNING UPON MAKING A STATEMENT, IN
SUBSTANTIALLY THE FOLLOWING FORM, WHICH SHALL BE WITNESSED BY ONE
PERSON:
"I HEREBY STATE THAT I AM UNABLE TO SIGN MY ABSENTEE BALLOT WITHOUT
ASSISTANCE BECAUSE I AM UNABLE TO WRITE BY REASON OF MY ILLNESS OR PHYS-
ICAL DISABILITY OR BECAUSE I AM UNABLE TO READ. I HAVE MADE, OR HAVE
RECEIVED ASSISTANCE IN MAKING, MY MARK IN LIEU OF MY SIGNATURE."
(DATE)..................
..................(MARK)
(NAME OF VOTER)
"I, THE UNDERSIGNED, HEREBY CERTIFY THAT THE ABOVE NAMED VOTER AFFIXED
HIS OR HER MARK TO THIS APPLICATION IN MY PRESENCE AND I KNOW HIM OR HER
TO BE THE PERSON WHO AFFIXED HIS OR HER MARK TO SAID APPLICATION AND
UNDERSTAND THAT THIS STATEMENT WILL BE ACCEPTED FOR ALL PURPOSES AS THE
EQUIVALENT OF AN AFFIDAVIT AND IF IT CONTAINS A MATERIAL FALSE STATE-
MENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY
SWORN."
....................
(SIGNATURE OF WITNESS)
S. 5446 3
....................
(ADDRESS OF WITNESS)
SUCH STATEMENT SHALL BE INCLUDED IN THE ABSENTEE BALLOT FURNISHED BY
THE BOARD OF ELECTIONS. THE PROVISIONS OF THIS SUBDIVISION SHALL ALSO
APPLY TO ANY APPLICATION FOR AN ABSENTEE BALLOT PURSUANT TO SECTION
8-402 OF THIS TITLE.
5. THE BOARD SHALL KEEP A RECORD OF ALL ABSENTEE BALLOTS THAT ARE
MAILED, SHOWING THE NAMES AND RESIDENCES OF THE ABSENTEE VOTERS, AND
THEIR PARTY ENROLLMENT IN THE CASE OF PRIMARY ELECTIONS, AND, AS SOON AS
PRACTICABLE SHALL, WHEN REQUESTED, GIVE TO THE CHAIRMAN OF EACH POLI-
TICAL PARTY OR INDEPENDENT BODY IN THE COUNTY, AND SHALL MAKE AVAILABLE
FOR INSPECTION TO ANY OTHER QUALIFIED VOTER UPON REQUEST, A COMPLETE
LIST OF ALL ABSENTEE VOTERS TO WHOM BALLOTS HAVE BEEN DELIVERED OR
MAILED, CONTAINING THEIR NAMES AND PLACES OF RESIDENCE AS THEY APPEAR ON
THE REGISTRATION RECORD, INCLUDING THE ELECTION DISTRICT AND WARD, IF
ANY, AND IN THE CITY OF NEW YORK AND THE COUNTY OF NASSAU, THE ASSEMBLY
DISTRICT, AND THEIR PARTY ENROLLMENT IN THE CASE OF PRIMARY ELECTIONS.
S 3. Section 8-402 of the election law is REPEALED and a new section
8-402 is added to read as follows:
S 8-402. APPLICATIONS FOR ABSENTEE BALLOTS. 1. ANY VOTER, UPON APPLI-
CATION, MAY REQUEST THAT THEIR ABSENTEE BALLOT BE MAILED TO THEM AT AN
ADDRESS OTHER THAN THEIR PERMANENT ADDRESS, IF HE OR SHE EXPECTS TO BE
ABSENT FROM THE COUNTY OR CITY OF RESIDENCE AND UNABLE TO OBTAIN THEIR
ABSENTEE BALLOT.
(A) APPLICATION FORMS SHALL BE FURNISHED BY AND MAY BE OBTAINED FROM
ANY BOARD OF ELECTIONS AT ANY TIME UNTIL THE DAY BEFORE SUCH ELECTION.
APPLICATION FORMS SHALL ALSO BE SUPPLIED BY THE BOARD OF INSPECTORS OF
THE ELECTION DISTRICT IN WHICH APPLICANT IS A QUALIFIED VOTER ON ALL OF
THE DAYS PROVIDED FOR LOCAL REGISTRATION. IN ADDITION, APPLICATION FORMS
SHALL BE SUPPLIED UPON THE REQUEST OF THE PERSON AUTHORIZED TO VOTE
PURSUANT TO THIS SECTION, ANY SUCH PERSON'S SPOUSE, PARENT OR CHILD, A
PERSON RESIDING WITH THE APPLICANT AS A MEMBER OF HIS HOUSEHOLD, OR THE
APPLICANT'S DULY AUTHORIZED AGENT. APPLICATION FORMS SENT OUTSIDE OF THE
UNITED STATES TO A COUNTRY OTHER THAN CANADA OR MEXICO, SHALL BE SENT
AIR MAIL.
(B) THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST CONTAIN IN
EACH INSTANCE THE FOLLOWING INFORMATION:
(I) APPLICANT'S FULL NAME, DATE OF BIRTH, AND RESIDENCE ADDRESS,
INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE, IF ANY,
MAILING ADDRESS IF DIFFERENT FROM THE RESIDENCE ADDRESS AND HIS OR HER
TOWN OR CITY AND AN ADDRESS TO WHICH THE BALLOT SHALL BE MAILED.
(II) A STATEMENT THAT THE APPLICANT IS A QUALIFIED AND REGISTERED
VOTER.
(III) A STATEMENT THAT THE APPLICANT EXPECTS IN GOOD FAITH TO BE
ABSENT FROM THE COUNTY OR CITY OF HIS OR HER RESIDENCE PROVIDED, HOWEV-
ER, IF THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH COUNTY OR CITY FOR A
DURATION COVERING MORE THAN ONE ELECTION AND SEEKS AN ABSENTEE BALLOT
FOR EACH ELECTION, HE OR SHE SHALL STATE THE DATES WHEN HE OR SHE
EXPECTS TO BEGIN AND END SUCH ABSENCE.
2. THE APPLICATION FOR AN ABSENTEE BALLOT SHALL CONTAIN THE FOLLOWING
LANGUAGE PRINTED IN BOLD FACE DIRECTLY ABOVE THE SIGNATURE LINE: "I
CERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND
UNDERSTAND THAT THIS APPLICATION WILL BE ACCEPTED FOR ALL PURPOSES AS
THE EQUIVALENT OF AN AFFIDAVIT AND, IF IT CONTAINS A MATERIAL FALSE
STATEMENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY
S. 5446 4
SWORN." SUCH APPLICATION SHALL BE ACCEPTED FOR ALL PROPOSES AS THE
EQUIVALENT OF AN AFFIDAVIT AND IF IT CONTAINS A MATERIAL FALSE STATEMENT
SHALL SUBJECT THE PERSON SIGNING IT TO THE SAME PENALTIES AS IF HE OR
SHE HAD BEEN DULY SWORN.
3. FOR PROPOSES OF THIS SECTION, THE USE OF TITLES, INITIALS OR
CUSTOMARY ABBREVIATIONS OF GIVEN NAMES BY THE SIGNERS OF, OR WITNESSES
TO, AN ABSENTEE BALLOT REQUEST LETTER, AN ABSENTEE BALLOT APPLICATION
FORM OR AN ABSENTEE BALLOT ENVELOPE, OR THE USE OF CUSTOMARY ABBREVI-
ATIONS OF ADDRESSES OF SUCH SIGNERS OR WITNESSES, SHALL NOT INVALIDATE
SUCH VOTER'S SIGNATURE OR WITNESS'S SIGNATURE ON AN APPLICATION FOR AN
ABSENTEE BALLOT OR UPON CANVASS OR RECANVASS OF THE BALLOT PURSUANT TO
THIS CHAPTER.
4. PRINTED FORMS OF APPLICATIONS FOR ABSENTEE BALLOTS IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS SECTION SHALL BE PROVIDED BY THE BOARD OF
ELECTIONS. AN APPROPRIATE NUMBER SHALL BE RETAINED BY THE BOARD OF
ELECTIONS FOR THE PURPOSE OF FURNISHING AN APPLICATION FORM TO EACH
QUALIFIED VOTER WHO APPLIES THEREFOR BEFORE THE BOARD OF ELECTIONS,
EITHER IN PERSON OR BY MAIL, AND AN APPROPRIATE NUMBER SHALL BE DELIV-
ERED TO EACH BOARD OF INSPECTORS ON REGISTRATION DAYS WITH THE ELECTION
SUPPLIES, AND THE BOARD OF INSPECTORS SHALL RETAIN THE COMPLETED AND
UNUSED APPLICATIONS AND RETURN THEM TO THE BOARD OF ELECTIONS WITH THEIR
ELECTION SUPPLIES AND AN APPROPRIATE NUMBER SHALL BE AVAILABLE FOR
DISTRIBUTION TO OFFICERS OF POLITICAL PARTIES, COUNTY CLERKS, CITY, TOWN
AND VILLAGE CLERKS, COLLEGES, LIBRARIES, HOSPITALS, NURSING HOMES,
SENIOR CITIZENS CENTERS AND ANY OTHER CONVENIENT DISTRIBUTION SOURCE
WHICH IS APPROVED BY THE LOCAL OR STATE BOARD OF ELECTIONS AND WHICH
REQUESTS SUCH FORMS.
5. THE STATE BOARD OF ELECTIONS SHALL PRESCRIBE A STANDARD APPLICATION
FORM FOR USE UNDER THIS SECTION. THE USE OF ANY APPLICATION FORM WHICH
SUBSTANTIALLY COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE
ACCEPTABLE AND ANY APPLICATION FILED ON SUCH A FORM SHALL BE ACCEPTED
FOR FILING.
6. IF THE BOARD SHALL FIND THAT THE APPLICANT IS A QUALIFIED VOTER OF
THE ELECTION DISTRICT CONTAINING HIS OR HER RESIDENCE AS STATED IN HIS
OR HER STATEMENT AND THAT HIS OR HER STATEMENT IS SUFFICIENT, IT SHALL,
AS SOON AS PRACTICABLE AFTER IT SHALL HAVE DETERMINED HIS OR HER RIGHT
THERETO, MAIL TO HIM OR HER AT AN ADDRESS DESIGNATED BY HIM OR HER, OR
DELIVER TO HIM OR HER, OR TO ANY PERSON DESIGNATED FOR SUCH PURPOSE IN
WRITING BY HIM OR HER, AT THE OFFICE OF THE BOARD, SUCH AN ABSENTEE
VOTER'S BALLOT OR SET OF BALLOTS AND AN ENVELOPE THEREFOR. IF THE BALLOT
OR BALLOTS ARE TO BE SENT OUTSIDE OF THE UNITED STATES TO A COUNTRY
OTHER THAN CANADA OR MEXICO, SUCH BALLOT OR BALLOTS SHALL BE SENT BY AIR
MAIL. HOWEVER, IF AN APPLICANT WHO IS ELIGIBLE FOR AN ABSENTEE BALLOT IS
A RESIDENT OF A FACILITY OPERATED OR LICENSED BY, OR UNDER THE JURISDIC-
TION OF, THE DEPARTMENT OF MENTAL HYGIENE, OR A RESIDENT OF A FACILITY
DEFINED AS A NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY PURSUANT
TO SUBDIVISIONS TWO AND THREE OF SECTION TWO THOUSAND EIGHT HUNDRED ONE
OF THE PUBLIC HEALTH LAW, OR A RESIDENT OF A HOSPITAL OR OTHER FACILITY
OPERATED BY THE VETERAN'S ADMINISTRATION OF THE UNITED STATES, SUCH
ABSENTEE BALLOT NEED NOT BE SO MAILED OR DELIVERED TO ANY SUCH APPLICANT
BUT, MAY BE DELIVERED TO THE VOTER IN THE MANNER PRESCRIBED BY SECTION
8-407 OF THIS TITLE IF SUCH FACILITY IS LOCATED IN THE COUNTY OR CITY IN
WHICH SUCH VOTER IS ELIGIBLE TO VOTE.
S 4. Section 8-404 of the election law, the opening paragraph of
subdivision 1 as amended by chapter 359 of the laws of 1989 and para-
S. 5446 5
graph (b) of subdivision 1 as amended by chapter 373 of the laws of
1978, is amended to read as follows:
S 8-404. Absentee voting; hospitalized veterans, special provisions.
1. After entering upon the registration records, the application for
registration of an inmate or patient of a veterans' administration
hospital as to whom the medical superintendent or medical head of such
hospital has attested that he OR SHE expects that [he] SUCH VETERAN will
not be discharged prior to the day following the next general or special
village, primary, special, general or New York city community school
board district or city of Buffalo school district election, and the
application for registration by the spouse, parent or child of such
inmate or patient, accompanying or being with him or her, if a qualified
voter and a resident of the same election district, the board of
elections, without further investigation and without further application
by the applicant, shall send to him OR HER at such hospital an absentee
ballot and shall record in the signature column on the back of his OR
HER permanent personal registration poll record that such ballot has
been sent.
(a) Any voter who is duly registered and whose registration records
are marked "Hospitalized Veteran" or "Hospitalized Veteran's Relative"
need not thereafter make application for an absentee ballot. Sixty days
before each election, the board of elections shall compile and send a
list to each veterans' administration hospital of all inmates and
patients of veterans' administration hospitals who appear by the records
of such board to be "hospitalized veterans" entitled to receive absentee
ballots at each such hospital pursuant to the provisions of this
section. Each veterans' administration hospital shall no later than
fifteen days following the receipt of such list, return it with
notations made thereon showing whether the inmate or patient continues
to be confined therein or has been discharged therefrom. Upon the
receipt of such returned list from each veterans' administration hospi-
tal with the proper notations showing that a "hospitalized veteran"
continues to be confined in such hospital, the board of elections, by
mail addressed to such "hospitalized veteran" at his OR HER last known
hospital address and by mail addressed to such "hospitalized veteran's
relative" at his OR HER last known address shall send an absentee ballot
for the ensuing election to such "hospitalized veteran" and such "hospi-
talized veteran's relative" [an absentee ballot in the same manner as
provided herein for a qualified voter entitled to an absentee ballot
because of permanent disability]. The board shall record on the back of
his OR HER registration poll record in the space reserved for his OR HER
signature at such election, the fact that such ballot has been sent.
(b) If the returned list from a veterans' administration hospital
contains a notation showing that a "hospitalized veteran" is no longer
an inmate or patient at the veterans' administration hospital where he
OR SHE is recorded as staying, or if such letter containing an absentee
voter's ballot for a "hospitalized veteran" or a "hospitalized veterans'
relative" is returned by the post office as undeliverable, the board of
elections shall ascertain whether the "hospitalized veteran" or "hospi-
talized veteran's relative" is residing at the address given on his OR
HER registration records as his OR HER permanent address. If he OR SHE
is residing there, the board shall [not] send him OR HER [any further
absentee ballots unless he applies therefor in the regular way] AN
ABSENTEE BALLOT AT SUCH ADDRESS. If he OR SHE is not residing at the
place of residence given on his OR HER registration records but the
board ascertains that he OR SHE has been transferred to another veter-
S. 5446 6
ans' administration hospital, the board shall cause a central board of
registration to make the necessary changes of temporary address on his
OR HER registration records and shall continue sending him OR HER absen-
tee ballots at the veterans' administration hospital where he OR SHE is
staying. If he OR SHE is not residing at the place of residence given on
his OR HER registration records and the board cannot ascertain that he
OR SHE has been transferred to another veterans' administration hospi-
tal, the board shall cancel his OR HER registration. Whenever a regis-
tration is cancelled pursuant hereto notice shall be mailed to the
veteran or his OR HER relative at his OR HER permanent residence address
and last temporary address.
2. The board of elections shall furnish to each party county chairman
in such county a list of the names and residence addresses of the hospi-
talized veterans and hospitalized veterans' relatives to whom absentee
ballots have been sent.
3. Such ballots shall be mailed, voted, returned, counted, and
canvassed as provided in this chapter for other absentee voters'
ballots.
S 5. Section 8-406 of the election law, as amended by chapter 296 of
the laws of 1988, is amended to read as follows:
S 8-406. Absentee ballots, delivery of. [If the] THE board shall [find
that the applicant is a qualified voter of the election district
containing his residence as stated in his statement and that his state-
ment is sufficient, it shall, as soon as practicable after it shall have
determined his right thereto,] mail to [him] ALL VOTERS AN ABSENTEE
BALLOT AND AN ENVELOPE at [an] THE PERMANENT address designated [by him,
or deliver to him, or to any person designated for such purpose in writ-
ing by him, at the office of the board, such an absentee voter's ballot
or set of ballots and an envelope therefor] ON SUCH VOTERS REGISTRATION
RECORDS. If the ballot or ballots are to be sent outside of the United
States to a country other than Canada or Mexico, such ballot or ballots
shall be sent by air mail. However, if [an applicant who is eligible for
an absentee ballot] A VOTER is a resident of a facility operated or
licensed by, or under the jurisdiction of, the department of mental
hygiene, or a resident of a facility defined as a nursing home or resi-
dential health care facility pursuant to subdivisions two and three of
section two thousand eight hundred one of the public health law, or a
resident of a hospital or other facility operated by the Veteran's
Administration of the United States, such absentee ballot need not be so
mailed or delivered to any such applicant but, may be delivered to the
voter in the manner prescribed by section 8-407 of this chapter if such
facility is located in the county or city in which such voter is eligi-
ble to vote.
S 6. Section 8-407 of the election law, as added by chapter 296 of the
laws of 1988, subdivisions 1, 3 and 15 as amended by chapter 195 of the
laws of 2001, and subdivision 6 as amended by chapter 326 of the laws of
1989, is amended to read as follows:
S 8-407. Voting by residents of nursing homes, residential health care
facilities, facilities operated or licensed, or under the jurisdiction
of, the department of mental hygiene or hospitals or facilities operated
by the Veteran's Administration of the United States. 1. The board of
elections of a county or city in which there is located at least one
facility operated or licensed, or under the jurisdiction of, the depart-
ment of mental hygiene, or a facility defined as a nursing home or resi-
dential health care facility pursuant to subdivisions two and three of
section two thousand eight hundred one of the public health law or an
S. 5446 7
adult care facility subject to the provisions of title two of article
seven of the social services law, or a hospital or other facility oper-
ated by the Veteran's Administration of the United States shall provide
[that] residents of each such facility [for which such board has
received twenty-five or more applications for] absentee ballots [from
voters who are eligible to vote by absentee ballot in such city or coun-
ty at such election, may vote by absentee ballot only] in the manner
provided for in this section. [Such board may, in its discretion,
provide that the procedure described in this subdivision shall be appli-
cable to all such facilities in such county or city without regard to
the number of absentee ballot applications received from the residents
of any such facility.]
2. Such a board of elections shall appoint, in the same manner as
other inspectors, one or more bi-partisan boards of inspectors, each
composed of two such inspectors. Such inspectors may be regular employ-
ees of such board of elections.
3. Not earlier than thirteen days before or later than the day before
such an election such a board of inspectors shall, between the hours of
nine o'clock in the morning and five o'clock in the evening, attend at
each such facility for the residents [of which the board of elections
has custody of twenty-five or more absentee ballots or, if the board of
elections has so provided, each such facility for which the board has
custody of one or more such absentee ballots, pursuant to the provisions
of this chapter].
4. Each such board of inspectors may attend at more than one facility,
provided, however, that no such board of inspectors shall be assigned to
attend at more facilities than it reasonably can be expected to complete
within the time specified by this section.
5. The board of elections shall deliver to each board of inspectors
all [the] absentee ballots [in the custody of such board of elections
which are addressed to] FOR residents of the facilities which such board
of inspectors is assigned to attend, together with one or more portable
voting booths of a type approved by the state board of elections and
such other supplies as such board of inspectors will require to
discharge its duties properly.
6. The board of elections, at least twenty days before each such
election, [or on the day after it shall have received the requisite
number of applications for absentee ballots from the residents of any
such facility, whichever is later,] shall communicate with the super-
intendent, administrator or director of each such facility to arrange
the day and time when the board of inspectors will attend at such facil-
ity. The board of elections shall keep a list of the day and time at
which the board of inspectors will attend at each such facility as a
public record at its office.
7. It shall be the duty of each such superintendent, administrator or
director to assist the board of inspectors attending such facility in
the discharge of its duties, including, but not limited to making avail-
able to such board of inspectors space within such facility suitable for
the discharge of its duties.
8. The board of inspectors shall deliver [each absentee ballot
addressed to a resident of each such facility to such resident] ABSENTEE
BALLOTS FOR RESIDENTS TO ALL FACILITIES. If [such] ANY resident is phys-
ically disabled the inspectors shall, if necessary, deliver the ballot
to such voter at his OR HER bedside.
S. 5446 8
9. The board of inspectors shall arrange the portable voting booth or
booths provided and effect such safeguards as may be necessary to
provide secrecy for the votes cast by such residents.
10. If such a resident is unable to mark his OR HER ballot, he OR SHE
may be assisted in marking such ballot by the two members of the board
of inspectors or such other person as he may select. If a voter is
unable to mark the ballot and unable to communicate how he OR SHE wishes
such ballot marked, such ballot shall not be cast. No person who assists
a voter to mark his ballot pursuant to the provisions of this section,
shall disclose to any other person how any such ballot was marked.
11. [Except as otherwise provided in this section, all ballots cast
pursuant to this section shall be cast in the manner provided by this
chapter for the casting of absentee ballots.
12.] After such ballots have been cast and sealed in the appropriate
envelopes, they shall be returned to such inspectors.
[13.] 12. Upon completion of its duties, the board of inspectors shall
forthwith return all such ballots to the board of elections.
[14.] 13. Any person, political committee or independent body entitled
to appoint watchers for the election district in which any such facility
is located [at the election for which such absentee ballots are cast,]
shall be entitled to appoint a watcher to attend such board of inspec-
tors at such facility.
[15.] 14. All ballots cast pursuant to the provisions of this section
which are received before the close of the polls on election day by the
board of elections charged with the duty of casting and canvassing such
ballots, may be delivered to the inspectors of election in the manner
prescribed by this chapter or retained at the board of elections and
cast and canvassed pursuant to the provisions of section 9-209 of this
chapter as such board shall, in its discretion, determine pursuant to
the provisions of subdivision one of this section.
S 7. Section 8-410 of the election law, as amended by chapter 352 of
the laws of 1986, is amended to read as follows:
S 8-410. Absentee voting; method of. The absentee voter shall mark an
absentee ballot as provided for paper ballots or ballots prepared for
counting by ballot counting machines. He OR SHE shall make no mark or
writing whatsoever upon the ballot, except as above prescribed, and
shall see that it bears no such mark or writing. He OR SHE shall make no
mark or writing whatsoever on the outside of the ballot. After marking
the ballot or ballots he OR SHE shall fold each such ballot and enclose
them in the envelope and seal the envelope. He OR SHE shall then take
and subscribe the oath on the envelope, with blanks properly filled in.
The envelope, containing the ballot or ballots, shall then be mailed or
delivered to the board of elections of the county or city of his OR HER
residence.
S 8. Subdivision 1 of section 8-412 of the election law, as amended by
chapter 155 of the laws of 1994, is amended to read as follows:
1. The board of elections shall cause all absentee ballots received by
it before the close of the polls on election day and all ballots
contained in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the United States govern-
ment, with a date which is ascertained to be not later than the day
before election and received by such board of elections not later than
seven days following the day of election to be cast and counted [except
that the absentee ballot of a voter who requested such ballot by letter,
rather than application, shall not be counted unless a valid application
S. 5446 9
form, signed by such voter, is received by the board of elections with
such ballot].
S 9. The election law is amended by adding a new section 5-714 to read
as follows:
S 5-714. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST. 1. THE NEW
YORK STATE BOARD OF ELECTIONS SHALL, WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SECTION IMPLEMENT, IN A UNIFORM AND NONDISCRIMINATORY
MANNER, A SINGLE, UNIFORM, OFFICIAL, CENTRALIZED, INTERACTIVE, COMPUTER-
IZED STATEWIDE VOTER REGISTRATION DATABASE SYSTEM. SUCH DATABASE SYSTEM
SHALL BE DEFINED, MAINTAINED, AND ADMINISTERED AT THE STATE LEVEL AND
SHALL CONTAIN THE VOTER REGISTRATION LISTS MAINTAINED BY EACH COUNTY
BOARD OF ELECTIONS. FURTHER, SUCH DATABASE SYSTEM SHALL CONTAIN THE NAME
AND REGISTRATION INFORMATION OF EVERY LEGALLY REGISTERED VOTER IN THE
STATE AND SHALL ASSIGN A UNIQUE IDENTIFIER TO EACH LEGALLY REGISTERED
VOTER. THE SINGLE, UNIFORM, OFFICIAL, CENTRALIZED, INTERACTIVE, COMPUT-
ERIZED STATEWIDE VOTER REGISTRATION DATABASE SYSTEM REQUIRED BY THIS
SECTION SHALL BE REFERRED TO AS THE "CENTRALIZED STATEWIDE REGISTRATION
SYSTEM".
2. THE CENTRALIZED STATEWIDE REGISTRATION SYSTEM AND THE COMPUTERIZED
STATEWIDE VOTER REGISTRATION LIST SHALL BE FULLY COMPLIANT WITH ALL
APPLICABLE REQUIREMENTS SPECIFIED IN SECTION 303 OF THE FEDERAL "HELP
AMERICA VOTE ACT OF 2002", PUB.L. 107-252, CODIFIED AT 42 U.S.C. SEC.
15301 ET SEQ AND SHALL MEET ALL APPLICABLE PRIVACY REQUIREMENTS UNDER
THIS CHAPTER.
3. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION EACH COUNTY
BOARD OF ELECTIONS SHALL MAINTAIN VOTER REGISTRATION INFORMATION BY
UTILIZING THE CENTRALIZED STATEWIDE REGISTRATION SYSTEM DEVELOPED OR
ACQUIRED BY THE STATE BOARD OF ELECTIONS UNDER SUBDIVISION ONE OF THIS
SECTION. PRIOR TO THE IMPLEMENTATION OF THE COMPUTERIZED STATEWIDE VOTER
REGISTRATION LIST REQUIRED BY SUBDIVISION ONE OF THIS SECTION, IF THE
COUNTY CHOOSES TO MAINTAIN VOTER REGISTRATION INFORMATION ON ITS OWN
COMPUTER SYSTEM, THE INFORMATION REQUIRED BY LAW TO BE TRANSMITTED TO
THE NEW YORK STATE BOARD OF ELECTIONS SHALL BE TRANSMITTED IN A MEDIA
FORMAT ACCEPTABLE TO THE NEW YORK STATE BOARD OF ELECTIONS AND WITHIN
THE TIME PRESCRIBED BY THE NEW YORK STATE BOARD OF ELECTIONS.
4. (A) THE CENTRALIZED STATEWIDE REGISTRATION SYSTEM SHALL ENABLE THE
STATE BOARD OF ELECTIONS TO MAINTAIN VOTER REGISTRATION INFORMATION AND
SHALL INCLUDE SUCH ADDITIONAL CAPABILITIES AS MAY BE NECESSARY OR DESIR-
ABLE TO ENABLE THE COUNTY BOARDS OF ELECTIONS AND THE STATE BOARD OF
ELECTIONS TO CARRY OUT THEIR RESPONSIBILITIES RELATED TO THE CONDUCT OF
ELECTIONS. SUCH ADDITIONAL CAPABILITIES MAY INCLUDE BUT NEED NOT BE
LIMITED TO THE PREPARATION OF BALLOTS, THE IDENTIFICATION OF VOTING
DISTRICTS FOR EACH ADDRESS, ACCESS BY COUNTY BOARDS OF ELECTIONS TO THE
MASTER LIST OF REGISTERED ELECTORS.
(B) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION THE COMPUT-
ERIZED STATEWIDE VOTER REGISTRATION LIST MAINTAINED PURSUANT TO THIS
SECTION SHALL ALLOW FOR:
(I) THE MANAGEMENT OF ABSENTEE BALLOTS, THE PREPARATION OF OFFICIAL
ABSTRACTS OF VOTES CAST, THE TRANSMISSION OF VOTING DATA FROM COUNTY
BOARDS OF ELECTION TO THE STATE BOARD OF ELECTIONS, AND REPORTING OF
VOTING RESULTS ON ELECTION NIGHT; AND
(II) ACCESS TO THE DIGITIZED SIGNATURES OF ELECTORS IN THE CENTRALIZED
STATEWIDE REGISTRATION SYSTEM FOR THE PURPOSE OF COMPARING AN ELECTOR'S
SIGNATURE IN THE SYSTEM WITH THE SIGNATURE ON THE RETURN ENVELOPE OF AN
ABSENTEE BALLOT, INCLUDING BY USING A SIGNATURE VERIFICATION.
S. 5446 10
5. (A) SUBJECT TO AVAILABLE APPROPRIATIONS, THE STATE BOARD OF
ELECTIONS IS RESPONSIBLE FOR THE COST OF ACQUIRING COMPUTER HARDWARE AND
PROVIDING NECESSARY TRAINING FOR THE CENTRALIZED STATEWIDE REGISTRATION
SYSTEM. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES SPECIFYING
WHETHER SUCH HARDWARE IS OWNED BY THE STATE OR THE COUNTIES OR WHETHER
AND TO WHAT EXTENT OWNERSHIP MAY BE SHARED BETWEEN THE STATE AND THE
COUNTIES. IF THE STATE PROVIDES SYSTEM HARDWARE TO ANY COUNTY, IT MAY
TRANSFER OWNERSHIP OF THE HARDWARE TO THAT COUNTY. THE STATE BOARD OF
ELECTIONS MAY PROMULGATE RULES PROVIDING THAT THE COUNTY SHALL BE SOLELY
RESPONSIBLE FOR THE SUPPORT AND MAINTENANCE OF THE HARDWARE PROVIDED TO
THE COUNTIES.
(B) WITHIN FOUR YEARS OF THE EFFECTIVE DATE OF THIS SECTION THE STATE
BOARD OF ELECTIONS SHALL MAKE THE CENTRALIZED STATEWIDE REGISTRATION
SYSTEM SOFTWARE AVAILABLE AT NO CHARGE TO EACH COUNTY BOARD OF
ELECTIONS.
(C) AS SOON AS PRACTICABLE, THE DEPARTMENT OF STATE SHALL MAKE THE
MASTER LIST OF REGISTERED ELECTORS AVAILABLE AT NO CHARGE ON THE INTER-
NET TO COUNTY BOARDS OF ELECTION. THIS SECTION SHALL NOT BE CONSTRUED TO
REQUIRE THE STATE TO PROVIDE OR PAY FOR INTERNET CONNECTION SERVICES FOR
ANY COUNTY.
S 10. Section 11-302 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
S 11-302. Special ballots for board of election employees. A person
who is an employee of the board of elections or who has been appointed
to serve as an inspector of elections, poll clerk or election coordina-
tor at a polling place other than the one at which he or she is regis-
tered to vote, may deliver to the inspectors of election of the election
district in which he or she is registered, or to the board of elections,
at any time during the period in which an application for an absentee
ballot may be so delivered pursuant to the provisions of this chapter, a
written statement that he or she will be unable to appear at the polling
place for such election district on the day of an election because his
or her duties as an employee of such board or as an inspector, poll
clerk or election coordinator require him or her to be elsewhere. The
board of elections shall provide such voter a special ballot [not earli-
er than two weeks before the election and] not later than the close of
the polls on election day. ABSENT AFFIRMATIVE PROOF OF FRAUD SUCH
BALLOTS SHALL BE PRESUMED VALID AND CAST. Such cast ballots may be
delivered to an office of such board of elections or to any board of
inspectors not later than the close of the polls on election day. Such
ballots shall be retained at the board of elections and cast and
canvassed pursuant to the provisions of section 9-209 of this chapter.
S 11. Subparagraph (ii) of paragraph (e) of subdivision 3 of section
8-302 of the election law, as amended by chapter 164 of the laws of
2010, is amended to read as follows:
(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list or that he or she has moved within the county or city
since he or she last registered, [the address from which he or she was
previously registered and] the address at which he or she currently
resides, and at a primary election, the party in which he or she is
enrolled. The inspectors of election shall offer such an affidavit to
S. 5446 11
each such voter whose residence address is in such election district.
Each such affidavit shall SUBSTANTIALLY COMPLY WITH AND be in a form
prescribed by the state board of elections, shall be printed on an
envelope of the size and quality used for an absentee ballot envelope,
and shall contain an acknowledgment that the affiant understands that
any false statement made therein is perjury punishable according to law.
Such form prescribed by the state board of elections shall request
information required to register such voter should the county board
determine that such voter is not registered and shall constitute an
application to register to vote. The voter's name and the entries
required shall then be entered without delay and without further inquiry
in the fourth section of the challenge report or in the place provided
at the end of the computer generated registration list, with the nota-
tion that the voter has executed the affidavit hereinabove prescribed,
or, if such person's name appears on the computer generated registration
list, the board of elections may provide a place to make such entry next
to his or her name on such list. The voter shall then, without further
inquiry, be permitted to vote an affidavit ballot provided for by this
chapter. Such ballot shall thereupon be placed in the envelope contain-
ing his or her affidavit, and the envelope sealed and returned to the
board of elections in the manner provided by this chapter for protested
official ballots, including a statement of the number of such ballots.
S 12. This act shall take effect immediately.
