S T A T E O F N E W Y O R K
________________________________________________________________________
264
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sen. MYRIE -- 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 absentee voting appli-
cation deadlines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 2 of section 8-400 of the
election law, as amended by chapter 321 of the laws of 1988, is amended
to read as follows:
(c) All applications REQUESTING AN ABSENTEE BALLOT BY MAIL must be
[mailed to] RECEIVED BY the board of elections not later than the
[seventh] FIFTEENTH day before the election for which a ballot is first
requested [or delivered to]. APPLICATIONS FOR AN ABSENTEE BALLOT THAT
WILL BE DELIVERED IN PERSON AT THE BOARD OF ELECTIONS TO THE VOTER OR TO
AN AGENT OF THE VOTER MUST BE RECEIVED BY such board not later than the
day before such election.
§ 2. Paragraph (d) of subdivision 2 of section 8-400 of the election
law, as amended by chapter 138 of the laws of 2020, is amended to read
as follows:
(d) The board of elections shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, when such voter
requests 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, or an
electronic application submitted by the voter by electronic mail or
through an electronic transmittal system or web portal established by
the state board of elections or city or county board of elections, which
is received by the board of elections not later than the [seventh]
FIFTEENTH day before the election for which the ballot is first
requested and which states the address where the voter is registered and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02513-01-1
S. 264 2
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 application 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 absentee ballot application in a
letter as provided in paragraph d of subdivision 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. Paragraph (d) of subdivision 2 of section 8-400 of the election
law, as separately amended by chapters 97 and 104 of the laws of 2010,
is amended to read as follows:
(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] FIFTEENTH 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 application 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 appli-
cation or an absentee ballot application in a letter as provided in
paragraph d of subdivision 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.
§ 4. This act shall take effect immediately, provided that the amend-
ments to paragraph (d) of subdivision 2 of section 8-400 of the election
law made by section two of this act shall be subject to the expiration
and reversion of such paragraph pursuant to section 7 of chapter 91 of
the laws of 2020, as amended, when upon such date the provisions of
section three of this act shall take effect.