S T A T E O F N E W Y O R K
________________________________________________________________________
3250
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to allowing pre-registered
voters to apply for an absentee ballot
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 1, subdivision 2,
paragraph (b) of subdivision 3, and subdivision 8 of section 8-400 of
the election law, the opening paragraph of subdivision 1 as amended by
chapter 63 of the laws of 2010, subdivision 2 as amended by chapter 746
of the laws of 2021, paragraphs (c) and (d) of subdivision 2 as sepa-
rately amended by chapter 273 of the laws of 2021, paragraph (e) of
subdivision 2 as added by section 1 of part HH of chapter 55 of the laws
of 2022, paragraph (b) of subdivision 3 as amended by chapter 63 of the
laws of 2010 and subdivision 8 as amended by chapter 684 of the laws of
1981 and as renumbered by chapter 40 of the laws of 2009, are amended to
read as follows:
A qualified voter, OR PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON
THE DATE OF THE NEXT ELECTION, 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:
2. A qualified voter, OR PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON
THE DATE OF THE NEXT ELECTION, 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, by letter as provided in paragraph (d) of this
subdivision, or through the electronic absentee ballot application tran-
smittal system pursuant to section 8-408 of this title.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06581-01-3
A. 3250 2
(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,
or on the electronic absentee ballot application transmittal system.
Application forms shall also be supplied by the board of inspectors of
the election district in which THE applicant is a qualified voter, OR
PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON THE DATE OF THE NEXT
ELECTION, on all of the days provided for local registration. In addi-
tion, 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
OR HER 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, OR PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON
THE DATE OF THE NEXT ELECTION.
(b) Applications may be filed with the board of elections, through the
electronic absentee ballot application transmittal system or in person
with the board of inspectors of the election district in which the
applicant is a qualified voter, OR PRE-REGISTERED VOTER WHO WILL BE
QUALIFIED ON THE DATE OF THE NEXT ELECTION, on one of the days provided
for local registration.
(c) All applications requesting an absentee ballot by mail or through
the electronic absentee ballot application transmittal system must be
received by the board of elections not later than the fifteenth day
before the election for which a ballot is first requested. Applications
for an absentee ballot that will be delivered in person at the board of
elections to the voter or to an agent of the voter must be received by
such board not later than the day before such election.
(d) The board of elections shall mail an absentee ballot to every
qualified voter, OR PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON THE
DATE OF THE NEXT ELECTION, WHO IS 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, or an electronic application submitted by the voter through
the electronic absentee ballot application transmittal system estab-
lished by the state board of elections, which is signed by the voter and
received by the board of elections not later than the fifteenth 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 application 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 absentee ballot application in a letter as provided in
paragraph d of subdivision 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.
(e) When mailing an absentee ballot application to a voter the board
of elections shall provide a domestic postage paid return envelope. When
providing an absentee ballot application to a voter in-person, the board
A. 3250 3
of elections shall offer the voter a domestic postage paid return envel-
ope and provide one if requested.
(b) A statement that the applicant is a qualified and registered
voter, OR PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON THE DATE OF THE
NEXT ELECTION.
8. Printed forms of applications for absentee ballots in accordance
with the requirements of this section shall be provided by the board of
elections. An appropriate number shall be retained by the board of
elections for the purpose of furnishing an application form to each
qualified voter, OR PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON THE
DATE OF THE NEXT ELECTION, who applies therefor before the board of
elections, either in person or by mail, and an appropriate number shall
be delivered to each board of inspectors on registration days with the
election supplies, and the board of inspectors shall retain the
completed and unused applications and return them to the board of
elections with their election supplies and an appropriate number shall
be available for distribution to officers of political parties, county
clerks, city, town and village clerks, colleges, libraries, hospitals,
nursing homes, senior citizens centers and any other convenient distrib-
ution source which is approved by the local or state board of elections
and which requests such forms.
§ 2. This act shall take effect immediately.