S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    672
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, PAULIN, GALEF, ENGLEBRIGHT, FAHY,
   THIELE, SEAWRIGHT, GRIFFIN, STERN -- read once  and  referred  to  the
   Committee on Election Law
 
 AN  ACT  to  amend  the  election law, in relation to providing absentee
   ballots to all qualified voters; and to  repeal  certain  sections  of
   such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 8-400 and 8-402 of the election law  are  REPEALED
 and a new section 8-400 is added to read as follows:
   §  8-400. ABSENTEE VOTING. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, A QUALIFIED VOTER MAY VOTE AS AN  ABSENTEE  VOTER  UNDER  THIS
 CHAPTER.
   §  2.  Section 8-406 of the election law, as amended by chapter 296 of
 the laws of 1988, is amended to read as follows:
   § 8-406. Absentee ballots[,]; delivery of. [If the  board  shall  find
 that  the  applicant  is  a  qualified  voter  of  the election district
 containing his residence as stated in his statement and that his  state-
 ment is sufficient, it shall, as soon as practicable after it shall have
 determined  his  right  thereto, mail to him at an address designated by
 him, or deliver to him, or to any person designated for such purpose  in
 writing  by  him,  at  the office of the board, such an absentee voter's
 ballot or set of ballots and an envelope  therefor.  If  the  ballot  or
 ballots  are  to be sent outside of the United States to a country other
 than Canada or Mexico, such ballot or ballots shall be sent by air mail.
 However, if an applicant who is eligible for an  absentee  ballot  is  a
 resident  of  a facility operated or licensed by, or under the jurisdic-
 tion of, the department of mental hygiene, or a resident of  a  facility
 defined  as  a nursing home or residential health care facility pursuant
 to subdivisions two and three of section two thousand eight hundred  one

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

                       [ ] is old law to be omitted.
                                                            LBD00289-01-1

 A. 672                              2

 of  the public health law, or a resident of a hospital or other facility
 operated by the Veteran's Administration  of  the  United  States,  such
 absentee ballot need not be so mailed or delivered to any such applicant
 but,  may  be delivered to the voter in the manner prescribed by section
 8-407 of this chapter if such facility is located in the county or  city
 in  which such voter is eligible to vote.] 1. THE BOARD OF ELECTIONS FOR
 ALL COUNTIES OR CITIES SHALL MAIL AN ABSENTEE BALLOT AND A RETURN  POST-
 AGE GUARANTEED ENVELOPE TO EVERY REGISTERED AND QUALIFIED VOTER RESIDING
 IN  SUCH  COUNTY  OR CITY. SUCH ABSENTEE BALLOT SHALL BE MAILED TO EVERY
 REGISTERED AND QUALIFIED VOTER AT THE ADDRESS GIVEN ON HIS OR HER REGIS-
 TRATION RECORDS, OR AT AN ADDRESS SPECIFIED BY SUCH  VOTER  PURSUANT  TO
 SUBDIVISION  THREE OF THIS SECTION, NO LATER THAN THIRTY DAYS BEFORE THE
 SCHEDULED ELECTION IS TO BE HELD.
   2. IN THE CASE OF A PRIMARY ELECTION, THE  BOARD  OF  ELECTIONS  SHALL
 DELIVER  ONLY  THE BALLOT OF THE PARTY IN WHICH THE RECORDS OF THE BOARD
 OF ELECTIONS SHOW THE ABSENTEE VOTER TO BE  ENROLLED.  IN  THE  EVENT  A
 PRIMARY  ELECTION  IS  UNCONTESTED  IN  THE  ABSENTEE  VOTER'S  ELECTION
 DISTRICT FOR ALL OFFICES OR  POSITIONS  EXCEPT  THE  PARTY  POSITION  OF
 MEMBER  OF  THE WARD, TOWN, CITY OR COUNTY COMMITTEE, NO BALLOT SHALL BE
 DELIVERED TO SUCH ABSENTEE VOTER FOR SUCH  ELECTION;  AND  THE  ABSENTEE
 VOTER SHALL BE ADVISED WHY HE OR SHE IS NOT BEING SENT A BALLOT.
   3. ANY VOTER, UPON APPLICATION, MAY REQUEST THAT THEIR ABSENTEE BALLOT
 BE  MAILED  TO THEM AT AN ADDRESS OTHER THAN THEIR PERMANENT ADDRESS, IF
 HE OR SHE EXPECTS TO BE ABSENT FROM THE COUNTY OR CITY OF RESIDENCE  AND
 UNABLE TO OBTAIN THEIR ABSENTEE BALLOT.
   § 3. This act shall take effect immediately.