Assembly Bill A3243

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3243
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT to amend the election law, in relation to requirements for affi-
   davit ballots and absentee ballots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (c) of subdivision 2-b of section 8-302 of the
 election law, as amended by section 8 of part XX of chapter  55  of  the
 laws  of  2019  and such subdivision as renumbered by chapter 763 of the
 laws of 2021, is amended to read as follows:
   (c) [If the voter does not produce an identification  document  listed
 in  paragraph  (a) of this subdivision, the voter shall only be entitled
 to vote by affidavit ballot unless a court order provides  otherwise]  A
 VOTER  VOTING  BY AFFIDAVIT BALLOT SHALL BE REQUIRED TO PRODUCE AN IDEN-
 TIFICATION DOCUMENT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION. IF SUCH
 IDENTIFICATION DOCUMENT  IS  AN  IDENTIFICATION  DOCUMENT  LISTED  UNDER
 SUBPARAGRAPH  (II)  OF  PARAGRAPH (A) OF THIS SUBDIVISION, SUCH DOCUMENT
 SHALL HAVE BEEN ISSUED OR CREATED NOT MORE THAN ONE HUNDRED TWENTY  DAYS
 PRIOR  TO  THE ELECTION. IF SUCH IDENTIFICATION DOCUMENT EXISTS IN ELEC-
 TRONIC FORM, SUCH VOTER SHALL PRODUCE A PRINTED COPY OF SUCH IDENTIFICA-
 TION DOCUMENT.
   § 2. Subparagraph (ii) of paragraph (e) of subdivision  3  of  section
 8-302 of the election law, as separately amended by chapters 479 and 481
 of the laws of 2023, is amended to read as follows:
   (ii)  They  may  swear to and subscribe an affidavit stating that they
 have duly registered to vote, the address in such election district from
 which they registered, that they remain a duly qualified voter  in  such
 election  district,  that  their  registration poll record appears to be
 lost or misplaced or that their name and/or their signature was  omitted
 from  the  computer generated registration list or such record indicates
 the voter already voted when they did not do so or that they have  moved
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04630-01-5
              

 A. 3243                             2
 
 within New York state since they last registered, the address from which
 they  were previously registered and the address at which they currently
 reside, and at a primary election, the party in which they are enrolled,
 or that such voter is eligible to vote pursuant to section 8-604 of this
 article.  The  inspectors  of  election shall offer such an affidavit to
 each such voter whose residence address is in  such  election  district,
 AFTER  SUCH  VOTER  HAS  PRODUCED AN IDENTIFICATION DOCUMENT PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION TWO-B OF THIS SECTION. Each such  affidavit
 shall  be in a form prescribed by the state board of elections, shall be
 printed on an envelope of the size and quality used for  an  early  mail
 ballot  envelope,  and  shall contain an acknowledgment that the affiant
 understands that any false statement made therein is perjury  punishable
 according  to  law. Such form prescribed by the state board of elections
 shall request information required to register  such  voter  should  the
 county  board  determine that such voter is not yet registered and shall
 constitute an application to register to vote. The voter's name and  the
 entries required shall then be entered without delay and without further
 inquiry  in  the  fourth section of the challenge report or in the place
 provided in the computer generated registration list, with the  notation
 that the voter has executed the affidavit hereinabove prescribed, or, if
 such  person's  name  appears  in  such  registration list, the board of
 elections may provide a place to make such entry next to their  name  in
 such  list.  The voter shall then, without further inquiry, be permitted
 to vote an affidavit ballot provided for by this  chapter.  Such  ballot
 shall  thereupon  be  placed in the envelope containing their affidavit,
 and the envelope sealed and returned to the board of  elections  in  the
 manner  provided by this chapter for protested official ballots, includ-
 ing a statement of the number of such ballots. If a  voter  registration
 application  for  a voter who casts an affidavit ballot pursuant to this
 subparagraph was received by a board of elections by the tenth day prior
 to the election, the board shall cast and count an affidavit ballot from
 such voter, if  otherwise  valid,  notwithstanding  the  fact  that  the
 voter's  name  was  omitted  from  a registration poll record or list of
 registered voters.
   § 3. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 500 of the laws of 2024, is amended to read as follows:
   1. The board of elections shall cause all absentee ballots received by
 it before the close of  the  polls  on  election  day  and  all  ballots
 contained  in envelopes showing a cancellation mark of the United States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the  United  States  govern-
 ment,  with  a  date which is ascertained to be not later than the FIRST
 day of EARLY VOTING FOR the election  and  received  by  such  board  of
 elections  not later than seven days following the day of election to be
 cast and counted  except  that  the  absentee  ballot  of  a  voter  who
 requested  such  ballot by letter, rather than application, shall not be
 counted unless a valid  application  form,  signed  by  such  voter,  is
 received  by  the  board  of elections with such ballot. For purposes of
 this section, any absentee ballot received by the board of elections  by
 mail that does not bear or display a dated postmark shall be presumed to
 have  been  timely mailed or delivered if such ballot bears a time stamp
 of the receiving board of elections indicating receipt by such board  on
 the  day  [after]  OF the election. For the purposes of this section, an
 absentee ballot shall be deemed to be received by the board of elections
 before the close of the polls on election day if it is deposited  in  an
 absentee  ballot  drop  box  before  the close of polls on election day.
 A. 3243                             3
 
 Ballots received in accordance with this section shall be deemed  timely
 and  the  failure  of  a  board  of elections to time stamp such ballots
 received in this manner on or before election day shall not prohibit the
 canvassing  of  such ballots. At the close of the polls on election day,
 the board of elections shall close every absentee ballot  drop  box  and
 collect absentee ballots deposited in such absentee ballot drop box.
   § 4. This act shall take effect immediately.