Bill Text: NY A10700 | 2019-2020 | 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 10-0)
Status: (Introduced - Dead) 2020-07-01 - referred to election law [A10700 Detail]
Download: New_York-2019-A10700-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10700 IN ASSEMBLY July 1, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen- thal) -- 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 Sections 8-400 and 8-402 of the election law are REPEALED 2 and a new section 8-400 is added to read as follows: 3 § 8-400.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 chapter 296 of 7 the laws of 1988, is amended to read as follows: 8 § 8-406. Absentee ballots[,]; delivery of. [If the board shall find9that the applicant is a qualified voter of the election district10containing his residence as stated in his statement and that his state-11ment is sufficient, it shall, as soon as practicable after it shall have12determined his right thereto, mail to him at an address designated by13him, or deliver to him, or to any person designated for such purpose in14writing by him, at the office of the board, such an absentee voter's15ballot or set of ballots and an envelope therefor. If the ballot or16ballots are to be sent outside of the United States to a country other17than Canada or Mexico, such ballot or ballots shall be sent by air mail.18However, if an applicant who is eligible for an absentee ballot is a19resident of a facility operated or licensed by, or under the jurisdic-20tion of, the department of mental hygiene, or a resident of a facility21defined as a nursing home or residential health care facility pursuant22to subdivisions two and three of section two thousand eight hundred one23of the public health law, or a resident of a hospital or other facility24operated by the Veteran's Administration of the United States, such25absentee ballot need not be so mailed or delivered to any such applicant26but, may be delivered to the voter in the manner prescribed by section278-407 of this chapter if such facility is located in the county or cityEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16826-02-0A. 10700 2 1in which such voter is eligible to vote.] 1. The board of elections for 2 all counties or cities shall mail an absentee ballot and a return post- 3 age guaranteed envelope to every registered and qualified voter residing 4 in such county or city. Such absentee ballot shall be mailed to every 5 registered and qualified voter at the address given on his or her regis- 6 tration records, or at an address specified by such voter pursuant to 7 subdivision three of this section, no later than thirty days before the 8 scheduled election is to be held. 9 2. In the case of a primary election, the board of elections shall 10 deliver only the ballot of the party in which the records of the board 11 of elections show the absentee voter to be enrolled. In the event a 12 primary election is uncontested in the absentee voter's election 13 district for all offices or positions except the party position of 14 member of the ward, town, city or county committee, no ballot shall be 15 delivered to such absentee voter for such election; and the absentee 16 voter shall be advised why he or she is not being sent a ballot. 17 3. Any voter, upon application, may request that their absentee ballot 18 be mailed to them at an address other than their permanent address, if 19 he or she expects to be absent from the county or city of residence and 20 unable to obtain their absentee ballot. 21 § 3. This act shall take effect immediately.