Bill Text: NY A05921 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes any registered voter to vote by absentee ballot and to elect to permanently vote by absentee ballot.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - referred to election law [A05921 Detail]
Download: New_York-2023-A05921-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5921 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Subdivision 1, paragraph (c) of subdivision 2 and subdivi- 2 sions 3 and 4 of section 8-400 of the election law, subdivision 1 as 3 amended by chapter 63 of the laws of 2010, paragraph (c) of subdivision 4 1 as amended by chapter 375 of the laws of 2015, paragraph (c) of subdi- 5 vision 2 as separately amended by chapters 273 and 746 of the laws of 6 2021, subdivisions 3 and 4 as amended by chapter 63 of the laws of 2010, 7 and subparagraph (iii) of paragraph (c) of subdivision 3 as amended by 8 chapter 375 of the laws of 2015, are amended to read as follows: 9 1. [A qualified voter may vote as an absentee voter under this chapter10if, on the occurrence of any village election conducted by the board of11elections, primary election, special election, general election or New12York city community school board district or city of Buffalo school13district election, he or she expects to be:14(a) absent from the county of his or her residence, or, if a resident15of the city of New York absent from said city; or16(b) unable to appear personally at the polling place of the election17district in which he or she is a qualified voter because of illness or18physical disability or duties related to the primary care of one or more19individuals who are ill or physically disabled, or because he or she20will be or is a patient in a hospital; or21(c) a resident or patient of a veterans health administration hospi-22tal; or23(d) absent from his or her voting residence because he or she is24detained in jail awaiting action by a grand jury or awaiting trial, or25confined in jail or prison after a conviction for an offense other thanEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03038-01-3A. 5921 2 1a felony, provided that he or she is qualified to vote in the election2district of his or her residence.] (a) Any person who is registered to 3 vote may vote by absentee ballot. 4 (b) A registered voter may not vote in person if the voter filed an 5 application to vote by absentee ballot. 6 (c) All applications requesting an absentee ballot by mail or through 7 the electronic absentee ballot application transmittal system must be 8 received by the board of elections not later than the fifteenth day 9 before the election for which a ballot is first requested. Applications 10 for an absentee ballot that will be delivered in person at the board of 11 elections to the voter or to an agent of the voter must be received by 12 such board not later than the day [before] of such election. 13 3. The application for an absentee ballot when filed must contain in 14 each instance the following information: 15 (a) Applicant's full name, date of birth, and residence address, 16 including the street and number, if any, rural delivery route, if any, 17 mailing address if different from the residence address and his or her 18 town or city and an address to which the ballot shall be mailed. 19 (b) A statement that the applicant is a qualified and registered 20 voter. 21 (c) [A statement, as appropriate, that on the day of such election the22applicant expects in good faith to be in one of the following catego-23ries:24(i) absent from the county of his or her residence, or if a resident25of the city of New York absent from said city; provided, however, if the26applicant expects to be absent from such county or city for a duration27covering more than one election and seeks an absentee ballot for each28election, he or she shall state the dates when he or she expects to29begin and end such absence; or30(ii) unable to appear at a polling place because of illness or phys-31ical disability or duties related to the primary care of one or more32individuals who are ill or physically disabled; or33(iii) a resident or patient of a veterans health administration hospi-34tal; or35(iv) detained in jail awaiting action by a grand jury or awaiting36trial or confined in jail or prison after a conviction for an offense37other than a felony and stating the place where he or she is so detained38or confined.39(d)] Such application shall permit the applicant to apply for an 40 absentee ballot for either a primary election or the general election in 41 any year and for those persons who will be continuously absent from 42 their county of residence during the period between the fall primary 43 election and the general election in any year to apply for ballots for 44 both such elections in such year. A voter who applies for an absentee 45 ballot shall be sent an absentee ballot for any special election or 46 winter primary that occurs during the period of absence specified in the 47 application. 48 4. [A voter who claims permanent illness or physical disability] Any 49 voter may make application for an absentee ballot and the right to 50 receive an absentee ballot for each election thereafter as provided 51 herein without further application[, by filing with the board of52elections an application which shall contain a statement to be executed53by the voter]. Upon filing of such application the board of elections 54 shall cause the registration records of the voter to be marked ["Perma-55nently Disabled"] "permanent absentee" and thereafter shall send an 56 absentee ballot for each succeeding primary, special or general electionA. 5921 3 1 to such voter at his or her last known address by first class mail with 2 a request to the postal authorities not to forward such ballot but to 3 return it in five days in the event that it cannot be delivered to the 4 addressee. The mailing of such ballot for each election shall continue 5 until such voter's registration is cancelled. 6 § 2. This act shall take effect immediately.