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.