S T A T E O F N E W Y O R K
________________________________________________________________________
5921
2023-2024 Regular Sessions
I N A S S E M B L Y
March 24, 2023
___________
Introduced by M. of A. WEPRIN, SEAWRIGHT -- Multi-Sponsored by -- M. of
A. SIMON -- read once and referred to the Committee on Election Law
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 63 of the laws of 2010, paragraph (c) of subdivision
1 as amended by chapter 375 of the laws of 2015, paragraph (c) of subdi-
vision 2 as separately amended by chapters 273 and 746 of the laws of
2021, 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; 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03038-01-3
A. 5921 2
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 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] 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-
nently Disabled"] "PERMANENT ABSENTEE" and thereafter shall send an
absentee ballot for each succeeding primary, special or general election
A. 5921 3
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. This act shall take effect immediately.