S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4505
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. WEPRIN, GOTTFRIED, 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:
 
   Section 1. Subdivisions 1, 2, 3 and 4 of section 8-400 of the election
 law,  subdivisions  1,  3  and 4 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,  the
 opening paragraph of subdivision 2 as amended by chapter 216 of the laws
 of 1988, paragraph (a) of subdivision 2 as amended by chapter 263 of the
 laws  of  1991, paragraph (c) of subdivision 2 as amended by chapter 321
 of the laws of 1988, and paragraph (d) of subdivision  2  as  separately
 amended  by chapters 97 and 104 of the laws of 2010, 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

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

                                                            LBD08582-01-9

 A. 4505                             2

   (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
 a  felony,  provided that he or she is qualified to vote in the election
 district  of  his or her residence.] (A) ANY PERSON WHO IS REGISTERED TO
 VOTE MAY VOTE BY ABSENTEE BALLOT.
   (B) A REGISTERED VOTER MAY NOT VOTE IN PERSON IF THE  VOTER  FILED  AN
 APPLICATION TO VOTE BY ABSENTEE BALLOT.
   2.  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.
   (a)  Application  forms shall be furnished by and may be obtained from
 any board of elections at any time until the day before  such  election.
 Application  forms  shall also be supplied by the board of inspectors of
 the election district in which applicant is a qualified voter on all  of
 the days provided for local registration. In addition, application forms
 shall  be  supplied  upon  the  request of the person authorized to vote
 pursuant to this section, any such person's spouse, parent or  child,  a
 person  residing with the applicant as a member of his household, or the
 applicant's duly authorized agent. Application forms sent outside of the
 United States to a country other than Canada or Mexico,  shall  be  sent
 airmail.  Any  reference  to  "board  of  elections"  in  the  remaining
 provisions of this section, except with respect to  the  furnishing  and
 obtaining  of applications for absentee ballots, means only the board of
 elections of the county or city in which the applicant  is  a  qualified
 voter.
   (b) Applications may be filed either with the board of elections or in
 person  with  the  board of inspectors of the election district in which
 the applicant is a qualified voter, on one  of  the  days  provided  for
 local registration.
   (c)  All  applications  must  be  mailed to the board of elections not
 later than the seventh day before the election for  which  a  ballot  is
 first  requested  or  delivered  to  such  board  not later than the day
 [before] OF such election.
   (d) The board of elections shall mail  an  absentee  ballot  to  every
 qualified  voter otherwise eligible for such a ballot, who requests such
 an absentee ballot from such board of elections in writing in a  letter,
 telefax indicating the address, phone number and the telefax number from
 which  the  writing is sent or other written instrument, which is signed
 by the voter and received by the board of elections not earlier than the
 thirtieth day nor later than the seventh day  before  the  election  for
 which  the  ballot is first requested and which states the address where
 the voter is registered and the address to which the  ballot  is  to  be
 mailed;  provided,  however,  a  military  voter  may request a military
 ballot or voter registration application or an absentee ballot  applica-
 tion  in  a letter as provided in subdivision three of section 10-106 of
 this chapter; and provided further, a special federal voter may  request
 a  special federal ballot or voter registration application or an absen-
 tee ballot application in a letter as provided in paragraph d of  subdi-
 vision  one  of  section  11-202 of this chapter. The board of elections
 shall enclose with such ballot a form of application for absentee ballot
 if the applicant is registered with such board of elections.
   3. The application for an absentee ballot when filed must  contain  in
 each instance the following information:

 A. 4505                             3
 
   (a)  Applicant's  full  name,  date  of  birth, and residence address,
 including the street and number, if any, rural delivery route,  if  any,
 mailing  address  if different from the residence address and his or her
 town or city and an address to which the ballot shall be mailed.
   (b)  A  statement  that  the  applicant  is a qualified and registered
 voter.
   (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.
   4.  [A  voter who claims permanent illness or physical disability] ANY
 VOTER may make application for an  absentee  ballot  and  the  right  to
 receive  an  absentee  ballot  for  each election thereafter as provided
 herein without  further  application[,  by  filing  with  the  board  of
 elections  an application which shall contain a statement to be executed
 by the voter]. Upon filing of such application the  board  of  elections
 shall  cause the registration records of the voter to be marked ["Perma-
 nently Disabled"] "PERMANENT ABSENTEE"  and  thereafter  shall  send  an
 absentee ballot for each succeeding primary, special or general election
 to  such voter at his or her last known address by first class mail with
 a request to the postal authorities not to forward such  ballot  but  to
 return  it  in five days in the event that it cannot be delivered to the
 addressee. The mailing of such ballot for each election  shall  continue
 until such voter's registration is cancelled.
   § 2. This act shall take effect immediately.