STATE OF NEW YORK
________________________________________________________________________
1436
2023-2024 Regular Sessions
IN SENATE
January 11, 2023
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
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 chapter
10 if, on the occurrence of any village election conducted by the board of
11 elections, primary election, special election, general election or New
12 York city community school board district or city of Buffalo school
13 district election, he or she expects to be:
14 (a) absent from the county of his or her residence, or, if a resident
15 of the city of New York absent from said city; or
16 (b) unable to appear personally at the polling place of the election
17 district in which he or she is a qualified voter because of illness or
18 physical disability or duties related to the primary care of one or more
19 individuals who are ill or physically disabled, or because he or she
20 will be or is a patient in a hospital; or
21 (c) a resident or patient of a veterans health administration hospi-
22 tal; or
23 (d) absent from his or her voting residence because he or she is
24 detained in jail awaiting action by a grand jury or awaiting trial, or
25 confined in jail or prison after a conviction for an offense other than
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03038-01-3
S. 1436 2
1 a felony, provided that he or she is qualified to vote in the election
2 district 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 the
22 applicant expects in good faith to be in one of the following catego-
23 ries:
24 (i) absent from the county of his or her residence, or if a resident
25 of the city of New York absent from said city; provided, however, if the
26 applicant expects to be absent from such county or city for a duration
27 covering more than one election and seeks an absentee ballot for each
28 election, he or she shall state the dates when he or she expects to
29 begin and end such absence; or
30 (ii) unable to appear at a polling place because of illness or phys-
31 ical disability or duties related to the primary care of one or more
32 individuals who are ill or physically disabled; or
33 (iii) a resident or patient of a veterans health administration hospi-
34 tal; or
35 (iv) detained in jail awaiting action by a grand jury or awaiting
36 trial or confined in jail or prison after a conviction for an offense
37 other than a felony and stating the place where he or she is so detained
38 or 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 of
52 elections an application which shall contain a statement to be executed
53 by the voter]. Upon filing of such application the board of elections
54 shall cause the registration records of the voter to be marked ["Perma-
55 nently Disabled"] "permanent absentee" and thereafter shall send an
56 absentee ballot for each succeeding primary, special or general election
S. 1436 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.