S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    270
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by 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  Sections 8-400 and 8-402 of the election law are REPEALED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

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

                       [ ] is old law to be omitted.
                                                            LBD04380-01-1

 A. 270                              2

 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
 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.