S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8160
 
                             I N  S E N A T E
 
                              April 13, 2020
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to authorizing any  regis-
   tered voter to vote by absentee ballot
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1, 2, 3 and 4 of section 8-400 of the election
 law, subdivisions 1, 3 and 4 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, the
 opening paragraph of subdivision 2 as amended by chapter 216 of the laws
 of 1988, paragraph (a) of subdivision 2 as amended by chapter 263 of the
 laws of 1991, paragraph (c) of subdivision 2 as amended by  chapter  321
 of  the  laws  of 1988, and paragraph (d) of subdivision 2 as separately
 amended by chapters 97 and 104 of the laws of 2010, 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
 a felony, provided that he or she is qualified to vote in  the  election

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08582-01-9

 S. 8160                             2

 district  of  his or her residence.] (A) ANY PERSON WHO IS REGISTERED TO
 VOTE MAY VOTE BY ABSENTEE BALLOT.
   (B)  A  REGISTERED  VOTER MAY NOT VOTE IN PERSON IF THE VOTER FILED AN
 APPLICATION TO VOTE BY ABSENTEE BALLOT.
   2. 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.
   (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
 airmail.  Any  reference  to  "board  of  elections"  in  the  remaining
 provisions  of  this  section, except with respect to the furnishing and
 obtaining of applications for absentee ballots, means only the board  of
 elections  of  the  county or city in which the applicant is a qualified
 voter.
   (b) Applications may be filed either with the board of elections or in
 person with the board of inspectors of the election  district  in  which
 the  applicant  is  a  qualified  voter, on one of the days provided for
 local registration.
   (c) All applications must be mailed to  the  board  of  elections  not
 later  than  the  seventh  day before the election for which a ballot is
 first requested or delivered to  such  board  not  later  than  the  day
 [before] OF such election.
   (d)  The  board  of  elections  shall mail an absentee ballot to every
 qualified voter otherwise eligible for such a ballot, who requests  such
 an  absentee ballot from such board of elections in writing in a letter,
 telefax indicating the address, phone number and the telefax number from
 which the writing is sent or other written instrument, which  is  signed
 by the voter and received by the board of elections not earlier than the
 thirtieth  day  nor  later  than the seventh day before the election for
 which the ballot is first requested and which states the  address  where
 the  voter  is  registered  and the address to which the ballot is to be
 mailed; provided, however, a  military  voter  may  request  a  military
 ballot  or voter registration application or an absentee ballot applica-
 tion in a letter as provided in subdivision three of section  10-106  of
 this  chapter; and provided further, a special federal voter may request
 a special federal ballot or voter registration application or an  absen-
 tee  ballot application in a letter as provided in paragraph d of subdi-
 vision one of section 11-202 of this chapter.  The  board  of  elections
 shall enclose with such ballot a form of application for absentee ballot
 if the applicant is registered with such board of elections.
   3.  The  application for an absentee ballot when filed must contain in
 each instance the following information:
   (a) 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.

 S. 8160                             3
 
   (b)  A  statement  that  the  applicant  is a qualified and registered
 voter.
   (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.
   4. [A voter who claims permanent illness or physical  disability]  ANY
 VOTER  may  make  application  for  an  absentee ballot and the right to
 receive an absentee ballot for  each  election  thereafter  as  provided
 herein  without  further  application[,  by  filing  with  the  board of
 elections an application which shall contain a statement to be  executed
 by  the  voter].  Upon filing of such application the board of elections
 shall cause the registration records of the voter to be marked  ["Perma-
 nently  Disabled"]  "PERMANENT  ABSENTEE"  and  thereafter shall send an
 absentee ballot for each succeeding primary, special or general election
 to such voter at his or her last known address by first class mail  with
 a  request  to  the postal authorities not to forward such ballot but to
 return it in five days in the event that it cannot be delivered  to  the
 addressee.  The  mailing of such ballot for each election shall continue
 until such voter's registration is cancelled.
   § 2. This act shall take effect immediately.