S T A T E O F N E W Y O R K
________________________________________________________________________
1658
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
___________
Introduced by M. of A. CARROLL, BICHOTTE HERMELYN, COLTON, DINOWITZ,
NIOU, PHEFFER AMATO, RICHARDSON, JONES -- read once and referred to
the Committee on Election Law
AN ACT to amend the election law, in relation to application for 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 as amended by chapter 139 of the laws of 2020, the
opening paragraph of subdivision 2 as amended by chapter 216 of the laws
of 1988, paragraphs (c) and (d) of subdivision 3 as amended by chapter
63 of the laws of 2010 and subparagraph (iii) of paragraph (c) of subdi-
vision 3 as amended by chapter 375 of the laws of 2015, 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, provided that, for purposes of
this paragraph, "illness" shall include, but not be limited to,
instances where a voter is unable to appear personally at the polling
place of the election district in which they are a qualified voter
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05420-01-1
A. 1658 2
because there is a risk of contracting or spreading a disease that may
cause illness to the voter or to other members of the public; 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
district of his or her residence] UNABLE TO VOTE IN PERSON DUE TO 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. Subdivision 1 of section 8-400 of the election law, as amended by
chapter 63 of the laws of 2010 and paragraph (c) as amended by chapter
375 of the laws of 2015, is 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
A. 1658 3
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
district of his or her residence] UNABLE TO VOTE IN PERSON DUE TO ANY
REASON.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, that the amendments to subdivision 1 of
section 8-400 of the election law made by section one of this act shall
be subject to the expiration and reversion of such subdivision pursuant
to chapter 139 of the laws of 2020, as amended, when upon such date the
provisions of section two of this act shall take effect.