S T A T E O F N E W Y O R K
________________________________________________________________________
4469--A
Cal. No. 1175
2025-2026 Regular Sessions
I N S E N A T E
February 5, 2025
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- recommitted
to the Committee on Education in accordance with Senate Rule 6, sec. 8
-- reported favorably from said committee, ordered to first report,
amended on first report, ordered to a second report and ordered
reprinted, retaining its place in the order of second report
AN ACT to amend the education law, in relation to absentee ballots for
school district elections due to a religious commitment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs a and c of subdivision 2 of section 2018-a of
the education law, as amended by chapter 541 of the laws of 2025, are
amended to read as follows:
a. A qualified voter may vote as an absentee voter under this section
if on the occurrence of an election such voter expects to be:
(1) absent from their county of residence; or
(2) unable to appear personally at the polling place 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
such voter will be or is a patient in a hospital; or
(3) a resident or patient of a veteran's administration hospital; or
(4) absent from such voter's voting residence because such voter 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
a felony, provided that such voter is qualified to vote in the election
district of such voter's residence[.]; OR
(5) UNABLE TO BE PRESENT DUE TO SUCH VOTER'S OBSERVANCE OF A RELIGIOUS
COMMITMENT OR FOLLOWING SUCH VOTER'S RELIGIOUS TEACHING OR TENET THAT
FORBIDS SECULAR ACTIVITY ON THAT DAY.
c. The application for an absentee ballot when filed must contain in
each instance the following information:
(1) Applicant's full name, date of birth, and residence address,
including the street and number, if any, rural delivery route, if any,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08446-02-6
S. 4469--A 2
mailing address if different from the residence address and an address
to which the ballot shall be mailed.
(2) A statement that the applicant is a qualified and registered
voter.
(3) 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:
(a) absent from their county of residence; provided, however, if the
applicant expects to be absent from such county for a duration covering
more than one election and seeks an absentee ballot for each election,
such applicant shall state the dates when they expect to begin and end
such absence; or
(b) unable to appear at a polling place because of illness or physical
disability or duties related to the primary care of one or more individ-
uals who are ill or physically disabled; or
(c) a resident or patient of a veteran's administration hospital; or
(d) 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 such applicant is so detained
or confined[.]; OR
(E) UNABLE TO BE PRESENT DUE TO SUCH VOTER'S OBSERVANCE OF A RELIGIOUS
COMMITMENT OR FOLLOWING SUCH VOTER'S RELIGIOUS TEACHING OR TENET THAT
FORBIDS SECULAR ACTIVITY ON THAT DAY.
§ 2. Paragraph a of subdivision 2 of section 2018-b of the education
law, as amended by chapter 541 of the laws of 2025, is amended to read
as follows:
a. An applicant for such an absentee ballot shall submit an applica-
tion setting forth:
(1) such applicant's full name, date of birth and residence address,
including the street and number, if any, or town and rural delivery
route, if any, mailing address if different from the residence address
and an address to which the ballot shall be mailed;
(2) that such applicant is or will be, on the day of the school
district election, a qualified voter of the school district;
(3) 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:
(a) a resident or patient in a hospital, including a veteran's admin-
istration hospital, or unable to appear personally at the polling place
on such day 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
(b) absent from the county of such applicant's residence; provided,
however, if the applicant expects to be absent from such county for a
duration covering more than one election and seeks an absentee ballot
for each election, such applicant shall state the dates when they expect
to begin and end such absence; or
(c) 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 such applicant is so detained
or confined[.]; OR
(D) UNABLE TO BE PRESENT DUE TO SUCH APPLICANT'S OBSERVANCE OF A RELI-
GIOUS COMMITMENT, OR FOLLOWING SUCH APPLICANT'S RELIGIOUS TEACHING OR
TENET THAT FORBIDS SECULAR ACTIVITY ON THAT DAY.
§ 3. This act shall take effect immediately.