Senate Bill S3820

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3820
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 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. Subdivision 1, paragraph (c) of subdivision 2 and  subdivi-
 sions  3  and  4  of section 8-400 of the election law, subdivision 1 as
 amended by chapter 139 of the laws of 2020, paragraph (c) of subdivision
 2 as amended by chapter 321 of the laws of 1988, subdivisions 3 and 4 as
 amended by chapter 63 of the laws of 2010,  and  subparagraph  (iii)  of
 paragraph  (c) of subdivision 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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04736-01-1
              

 S. 3820                             2

   (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.] (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.
   (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.
   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.
   (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-

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 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. Subdivision 1 of section 8-400 of the election law, as amended by
 chapter 63 of the laws of 2010, 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
 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.] (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.
   §  3.  This act shall take effect immediately; provided, however, 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 section 2 of  chapter  139  of
 the  laws  of  2020,  as  amended, when upon such date the provisions of
 section two of this act shall take effect.