S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    190
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, PAULIN, FAHY, THIELE, SEAWRIGHT,
   STERN -- 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 sections 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  Sections 8-400 and 8-402 of the election law are REPEALED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  section  2  of
 part  HH  of  chapter  55  of  the  laws  of 2022, is amended to read as
 follows:
   § 8-406. Absentee ballots[,]; delivery of.
   [1. If the board shall find that the applicant is a qualified voter of
 the election district containing his residence as stated in  his  state-
 ment  and that his statement is sufficient, it shall, as soon as practi-
 cable 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 desig-
 nated  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 there-
 for. 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  jurisdiction  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

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

                                                            LBD00681-01-3
 A. 190                              2

 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  deliv-
 ered  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.
   2.  When  mailing an absentee ballot to a voter the board of elections
 shall provide a domestic postage paid return envelope. When providing an
 absentee ballot to a voter in-person, the board of elections shall offer
 the voter a domestic postage paid return envelope  and  provide  one  if
 requested.]
   1.  THE  BOARD  OF  ELECTIONS FOR ALL COUNTIES OR CITIES SHALL MAIL AN
 ABSENTEE BALLOT AND A RETURN POSTAGE GUARANTEED ENVELOPE TO EVERY REGIS-
 TERED 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 REGISTRATION RECORDS, OR AT AN ADDRESS SPEC-
 IFIED  BY  SUCH  VOTER PURSUANT TO SUBDIVISION THREE OF THIS SECTION, NO
 LATER THAN THIRTY 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.
   § 3. This act shall take effect immediately.