S T A T E O F N E W Y O R K
________________________________________________________________________
4270
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
___________
Introduced by M. of A. STECK -- 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 provisions 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 Sections 8-400 and 8-402 of the election law are REPEALED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 section 2 of
part HH of chapter 55 of the laws of 2022, is amended to read as
follows:
§ 8-406. Absentee ballots[,]; delivery of. 1. [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
of the public health law, or a resident of a hospital or other facility
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06727-01-3
A. 4270 2
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.] THE BOARD OF ELECTIONS FOR ALL
COUNTIES OR CITIES SHALL MAIL AN ABSENTEE BALLOT AND A RETURN POSTAGE
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 SOONER THAN TWENTY DAYS BEFORE THE
SCHEDULED ELECTION AND NO LATER THAN FOURTEEN 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.
4. SHOULD A VOTER BE UNABLE TO MAIL THE COMPLETED AND SEALED BALLOT,
THEY MAY IDENTIFY A SINGLE PERSON TO EITHER MAIL THE COMPLETED AND
SEALED BALLOT BY UNITED STATES POSTAL SERVICE OR BRING THE COMPLETED AND
SEALED BALLOT TO THE COUNTY BOARD OF ELECTIONS ON BEHALF OF THE VOTER.
THIS PERSON MUST CERTIFY AT THE BOARD OF ELECTIONS THAT THEY WILL NOT
HANDLE ANY OTHER BALLOTS IN THAT ELECTION.
[2.] 5. When mailing an absentee ballot to a voter the board of
elections shall provide a domestic postage paid return envelope. When
providing an absentee ballot to a voter in-person, the board of
elections shall offer the voter a domestic postage paid return envelope
and provide one if requested.
§ 3. This act shall take effect immediately.