S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10939
 
                           I N  A S S E M B L Y
 
                              August 17, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Steck) --
   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 provisions of
   such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Sections 8-400 and 8-402 of the election law are REPEALED
 and a new section 8-400 is added to read as follows:
   § 8-400. ABSENTEE VOTING. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE
 CONTRARY,  A  QUALIFIED  VOTER  MAY VOTE AS AN ABSENTEE VOTER UNDER THIS
 CHAPTER.
   § 2. Section 8-406 of the election law, as amended by chapter  296  of
 the laws of 1988, is amended to read as follows:
   §  8-406.  Absentee  ballots[,]; delivery of. [If the board shall find
 that the applicant  is  a  qualified  voter  of  the  election  district
 containing  his residence as stated in his statement and that his state-
 ment is sufficient, it shall, as soon as practicable after it shall have
 determined his right thereto, mail to him at an  address  designated  by
 him,  or deliver to him, or to any person designated for such purpose in
 writing by him, at the office of the board,  such  an  absentee  voter's
 ballot  or  set  of  ballots  and an envelope therefor. If the ballot or
 ballots are to be sent outside of the United States to a  country  other
 than Canada or Mexico, such ballot or ballots shall be sent by air mail.
 However,  if  an  applicant  who is eligible for an absentee ballot is a
 resident of a facility operated or licensed by, or under  the  jurisdic-
 tion  of,  the department of mental hygiene, or a resident of a facility
 defined as a nursing home or residential health care  facility  pursuant
 to  subdivisions two and three of section two thousand eight hundred one
 of the public health law, or a resident of a hospital or other  facility
 operated  by  the  Veteran's  Administration  of the United States, such
 absentee ballot need not be so mailed or delivered to any such applicant
 but, may be delivered to the voter in the manner prescribed  by  section
 8-407  of this chapter if such facility is located in the county or city

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17074-01-0

 A. 10939                            2

 in which such voter is eligible to vote.] 1. THE BOARD OF ELECTIONS  FOR
 ALL  COUNTIES OR CITIES SHALL MAIL AN ABSENTEE BALLOT AND A RETURN POST-
 AGE GUARANTEED ENVELOPE TO EVERY REGISTERED AND QUALIFIED VOTER RESIDING
 IN  SUCH  COUNTY  OR CITY. SUCH ABSENTEE BALLOT SHALL BE MAILED TO EVERY
 REGISTERED AND QUALIFIED VOTER AT THE ADDRESS GIVEN ON HIS OR HER REGIS-
 TRATION RECORDS, OR AT AN ADDRESS SPECIFIED BY SUCH  VOTER  PURSUANT  TO
 SUBDIVISION THREE OF THIS SECTION, NO SOONER THAN TWENTY DAYS BEFORE THE
 SCHEDULED  ELECTION AND NO LATER THAN FOURTEEN DAYS BEFORE THE SCHEDULED
 ELECTION IS TO BE HELD.
   2. IN THE CASE OF A PRIMARY ELECTION, THE  BOARD  OF  ELECTIONS  SHALL
 DELIVER  ONLY  THE BALLOT OF THE PARTY IN WHICH THE RECORDS OF THE BOARD
 OF ELECTIONS SHOW THE ABSENTEE VOTER TO BE ENROLLED.   IN  THE  EVENT  A
 PRIMARY  ELECTION  IS  UNCONTESTED  IN  THE  ABSENTEE  VOTER'S  ELECTION
 DISTRICT FOR ALL OFFICES OR  POSITIONS  EXCEPT  THE  PARTY  POSITION  OF
 MEMBER  OF  THE WARD, TOWN, CITY OR COUNTY COMMITTEE, NO BALLOT SHALL BE
 DELIVERED TO SUCH ABSENTEE VOTER FOR SUCH  ELECTION;  AND  THE  ABSENTEE
 VOTER SHALL BE ADVISED WHY HE OR SHE IS NOT BEING SENT A BALLOT.
   3. ANY VOTER, UPON APPLICATION, MAY REQUEST THAT THEIR ABSENTEE BALLOT
 BE  MAILED  TO THEM AT AN ADDRESS OTHER THAN THEIR PERMANENT ADDRESS, IF
 HE OR SHE EXPECTS TO BE ABSENT FROM THE COUNTY OR CITY OF RESIDENCE  AND
 UNABLE TO OBTAIN THEIR ABSENTEE BALLOT.
   4.  SHOULD  A VOTER BE UNABLE TO MAIL THE COMPLETED AND SEALED BALLOT,
 THEY MAY IDENTIFY A SINGLE PERSON  TO  EITHER  MAIL  THE  COMPLETED  AND
 SEALED BALLOT BY UNITED STATES POSTAL SERVICE OR BRING THE COMPLETED AND
 SEALED  BALLOT  TO THE COUNTY BOARD OF ELECTIONS ON BEHALF OF THE VOTER.
 THIS PERSON MUST CERTIFY AT THE BOARD OF ELECTIONS THAT  THEY  WILL  NOT
 HANDLE ANY OTHER BALLOTS IN THAT ELECTION.
   § 3. This act shall take effect immediately.