S T A T E O F N E W Y O R K
________________________________________________________________________
1543
2025-2026 Regular Sessions
I N A S S E M B L Y
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL -- 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 Sections 8-400 and 8-402 of the election law are REPEALED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 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.
A LBD02151-01-5
A. 1543 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.
2. 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.] 1. 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 SUCH VOTER'S REGISTRATION 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 SUCH ABSENTEE VOTER 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
SUCH VOTER 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.