S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5731
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT to amend the election law, in relation to requirements for affi-
   davit ballots and absentee ballots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (c) of subdivision 2-b of section 8-302 of the
 election law, as amended by section 8 of part XX of chapter  55  of  the
 laws  of  2019  and such subdivision as renumbered by chapter 763 of the
 laws of 2021, is amended to read as follows:
   (c) [If the voter does not produce an identification  document  listed
 in  paragraph  (a) of this subdivision, the voter shall only be entitled
 to vote by affidavit ballot unless a court order provides  otherwise]  A
 VOTER  VOTING  BY AFFIDAVIT BALLOT SHALL BE REQUIRED TO PRODUCE AN IDEN-
 TIFICATION DOCUMENT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION. IF SUCH
 IDENTIFICATION DOCUMENT  IS  AN  IDENTIFICATION  DOCUMENT  LISTED  UNDER
 SUBPARAGRAPH  (II)  OF  PARAGRAPH (A) OF THIS SUBDIVISION, SUCH DOCUMENT
 SHALL HAVE BEEN ISSUED OR CREATED NOT MORE THAN ONE HUNDRED TWENTY  DAYS
 PRIOR  TO  THE ELECTION. IF SUCH IDENTIFICATION DOCUMENT EXISTS IN ELEC-
 TRONIC FORM, SUCH VOTER SHALL PRODUCE A PRINTED COPY OF SUCH IDENTIFICA-
 TION DOCUMENT.
   § 2. Subparagraph (ii) of paragraph (e) of subdivision  3  of  section
 8-302 of the election law, as amended by section 8 of part XX of chapter
 55 of the laws of 2019, 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 such record indicates the voter already voted  when
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09229-01-3
              

 A. 5731                             2
 
 he  or  she  did  not  do so or that he or she has moved within New York
 state 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
 each  such  voter  whose residence address is in such election district,
 AFTER SUCH VOTER HAS PRODUCED AN  IDENTIFICATION  DOCUMENT  PURSUANT  TO
 PARAGRAPH  (C) OF SUBDIVISION TWO-A OF THIS SECTION. Each such affidavit
 shall 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  in the computer generated registration list, with the notation
 that the voter has executed the affidavit hereinabove prescribed, or, if
 such person's name appears in  such  registration  list,  the  board  of
 elections may provide a place to make such entry next to his or her name
 in  such list. The voter shall then, without further inquiry, be permit-
 ted to vote an affidavit ballot  provided  for  by  this  chapter.  Such
 ballot  shall  thereupon be placed in the envelope containing 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.
   § 3. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 140 of the laws of 2020, 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 FIRST
 day of EARLY VOTING FOR the 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  form,  signed  by  such  voter,  is
 received  by  the  board  of elections with such ballot. For purposes of
 this section, any absentee ballot received by the board of elections  by
 mail that does not bear or display a dated postmark shall be presumed to
 have  been  timely mailed or delivered if such ballot bears a time stamp
 of the receiving board of elections indicating receipt by such board  on
 the day [after] OF the election.
   § 4. This act shall take effect immediately.