S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5529
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               April 6, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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  application  for  an
   absentee ballot
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1, the opening paragraph of subdivision  2  and
 paragraphs (c) and (d) of subdivision 3 of section 8-400 of the election
 law,  subdivision  1  and  paragraphs  (c)  and  (d) of subdivision 3 as
 amended by chapter 63 of the laws of 2010, paragraph (c) of  subdivision
 1 and subparagraph (iii) of paragraph (c) of subdivision 3 as amended by
 chapter  375  of the laws of 2015, and the opening paragraph of subdivi-
 sion 2 as amended by chapter 216 of the laws of  1988,  are  amended  to
 read as follows:
   1.  A qualified voter may vote as an absentee voter under this chapter
 if[, on the occurrence of any village election conducted by the board of
 elections, primary election, special election, general election  or  New
 York  city  community  school  board  district or city of Buffalo school
 district election,] he or she expects to be[:
   (a) absent from the county of his or her residence, or, if a  resident
 of the city of New York absent from said city; or
   (b)  unable  to appear personally at the polling place of the election
 district in which he or she is a qualified voter 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 he or she
 will be or is a patient in a hospital; or
   (c) a resident or patient of a veterans health  administration  hospi-
 tal; or
   (d)  absent  from  his  or  her  voting residence because he or she 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09455-02-7

 S. 5529                             2

 a felony, provided that he or she is qualified to vote in  the  election
 district  of  his  or her residence] UNABLE TO VOTE IN PERSON DUE TO ANY
 REASON.
   A  qualified  voter desiring to vote [at such election] as an absentee
 voter for any reason [specified in subdivision  one  hereof]  must  make
 application for an absentee ballot on a form to be obtained and filed as
 provided herein or by letter as provided in paragraph (d) of this subdi-
 vision.
   (c) [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:
   (i) absent from the county of his or her residence, or if  a  resident
 of the city of New York absent from said city; provided, however, if the
 applicant  expects  to be absent from such county or city for a duration
 covering more than one election and seeks an absentee  ballot  for  each
 election,  he  or  she  shall  state the dates when he or she expects to
 begin and end such absence; or
   (ii) unable to appear at a polling place because of illness  or  phys-
 ical  disability  or  duties  related to the primary care of one or more
 individuals who are ill or physically disabled; or
   (iii) a resident or patient of a veterans health administration hospi-
 tal; or
   (iv) 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 he or she is so detained
 or confined.
   (d)] Such application shall permit  the  applicant  to  apply  for  an
 absentee ballot for either a primary election or the general election in
 any  year  and  for  those  persons who will be continuously absent from
 their county of residence during the period  between  the  fall  primary
 election  and  the general election in any year to apply for ballots for
 both such elections in such year. A voter who applies  for  an  absentee
 ballot  shall  be  sent  an  absentee ballot for any special election or
 winter primary that occurs during the period of absence specified in the
 application.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.