S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1519
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to authorizing any  quali-
   fied voter to apply for and utilize an absentee ballot
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1, the opening paragraph of subdivision  2  and
 paragraphs (c) and (d) of subdivision 3 of section 8-400 of the election
 law,  subdivision  1  and  paragraphs  (c)  and  (d) of subdivision 3 as
 amended by chapter 63 of the laws of 2010, paragraph (c) of  subdivision
 1 and subparagraph (iii) of paragraph (c) of subdivision 3 as amended by
 chapter  375  of the laws of 2015, and the opening paragraph of subdivi-
 sion 2 as amended by chapter 216 of the laws of  1988,  are  amended  to
 read as follows:
   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, he or she expects to be[:
   (a)  absent from the county of his or her residence, or, if a resident
 of the city of New York absent from said city; or
   (b) unable to appear personally at the polling place of  the  election
 district  in  which he or she is a qualified voter because of illness or
 physical disability or duties related to the primary care of one or more
 individuals who are ill or physically disabled, or  because  he  or  she
 will be or is a patient in a hospital; or
   (c)  a  resident or patient of a veterans health administration hospi-
 tal; or
   (d) absent from his or her voting  residence  because  he  or  she  is
 detained  in  jail awaiting action by a grand jury or awaiting trial, or
 confined in jail or prison after a conviction for an offense other  than

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01241-01-9

 A. 1519                             2

 a  felony,  provided that he or she is qualified to vote in the election
 district of his or her residence] UNAVAILABLE TO VOTE IN PERSON FOR  ANY
 REASON.
   A  qualified  voter  desiring  to vote at such election as an absentee
 voter for any reason [specified in subdivision  one  hereof]  must  make
 application for an absentee ballot on a form to be obtained and filed as
 provided herein or by letter as provided in paragraph (d) of this subdi-
 vision.
   (c) [A statement, as appropriate, that on the day of such election the
 applicant  expects  in  good faith to be in one of the following catego-
 ries:
   (i) absent from the county of his or her residence, or if  a  resident
 of the city of New York absent from said city; provided, however, 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; or
   (ii) unable to appear at a polling place because of illness  or  phys-
 ical  disability  or  duties  related to the primary care of one or more
 individuals who are ill or physically disabled; or
   (iii) a resident or patient of a veterans health administration hospi-
 tal; or
   (iv) detained in jail awaiting action by  a  grand  jury  or  awaiting
 trial  or  confined  in jail or prison after a conviction for an offense
 other than a felony and stating the place where he or she is so detained
 or confined.
   (d)] Such application shall permit  the  applicant  to  apply  for  an
 absentee ballot for either a primary election or the general election in
 any  year  and  for  those  persons who will be continuously absent from
 their county of residence during the period  between  the  fall  primary
 election  and  the general election in any year to apply for ballots for
 both such elections in such year. A voter who applies  for  an  absentee
 ballot  shall  be  sent  an  absentee ballot for any special election or
 winter primary that occurs during the period of absence specified in the
 application.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.