Bill Text: NY A00190 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires absentee ballots to be provided to all qualified voters and relates to the delivery of absentee ballots.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-01-03 - referred to election law [A00190 Detail]
Download: New_York-2023-A00190-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 190 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, PAULIN, FAHY, THIELE, SEAWRIGHT, STERN -- 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: 1 Section 1. Sections 8-400 and 8-402 of the election law are REPEALED 2 and a new section 8-400 is added to read as follows: 3 § 8-400. Absentee voting. Notwithstanding any provision of law to the 4 contrary, a qualified voter may vote as an absentee voter under this 5 chapter. 6 § 2. Section 8-406 of the election law, as amended by section 2 of 7 part HH of chapter 55 of the laws of 2022, is amended to read as 8 follows: 9 § 8-406. Absentee ballots[,]; delivery of. 10 [1. If the board shall find that the applicant is a qualified voter of11the election district containing his residence as stated in his state-12ment and that his statement is sufficient, it shall, as soon as practi-13cable after it shall have determined his right thereto, mail to him at14an address designated by him, or deliver to him, or to any person desig-15nated for such purpose in writing by him, at the office of the board,16such an absentee voter's ballot or set of ballots and an envelope there-17for. If the ballot or ballots are to be sent outside of the United18States to a country other than Canada or Mexico, such ballot or ballots19shall be sent by air mail. However, if an applicant who is eligible for20an absentee ballot is a resident of a facility operated or licensed by,21or under the jurisdiction of, the department of mental hygiene, or a22resident of a facility defined as a nursing home or residential health23care facility pursuant to subdivisions two and three of section twoEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00681-01-3A. 190 2 1thousand eight hundred one of the public health law, or a resident of a2hospital or other facility operated by the Veteran's Administration of3the United States, such absentee ballot need not be so mailed or deliv-4ered to any such applicant but, may be delivered to the voter in the5manner prescribed by section 8-407 of this chapter if such facility is6located in the county or city in which such voter is eligible to vote.72. When mailing an absentee ballot to a voter the board of elections8shall provide a domestic postage paid return envelope. When providing an9absentee ballot to a voter in-person, the board of elections shall offer10the voter a domestic postage paid return envelope and provide one if11requested.] 12 1. The board of elections for all counties or cities shall mail an 13 absentee ballot and a return postage guaranteed envelope to every regis- 14 tered and qualified voter residing in such county or city. Such absentee 15 ballot shall be mailed to every registered and qualified voter at the 16 address given on his or her registration records, or at an address spec- 17 ified by such voter pursuant to subdivision three of this section, no 18 later than thirty days before the scheduled election is to be held. 19 2. In the case of a primary election, the board of elections shall 20 deliver only the ballot of the party in which the records of the board 21 of elections show the absentee voter to be enrolled. In the event a 22 primary election is uncontested in the absentee voter's election 23 district for all offices or positions except the party position of 24 member of the ward, town, city or county committee, no ballot shall be 25 delivered to such absentee voter for such election; and the absentee 26 voter shall be advised why he or she is not being sent a ballot. 27 3. Any voter, upon application, may request that their absentee ballot 28 be mailed to them at an address other than their permanent address, if 29 he or she expects to be absent from the county or city of residence and 30 unable to obtain their absentee ballot. 31 § 3. This act shall take effect immediately.