S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3250
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to allowing pre-registered
   voters to apply for an absentee ballot
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  opening  paragraph  of subdivision 1, subdivision 2,
 paragraph (b) of subdivision 3, and subdivision 8 of  section  8-400  of
 the  election  law, the opening paragraph of subdivision 1 as amended by
 chapter 63 of the laws of 2010, subdivision 2 as amended by chapter  746
 of  the  laws  of 2021, paragraphs (c) and (d) of subdivision 2 as sepa-
 rately amended by chapter 273 of the laws  of  2021,  paragraph  (e)  of
 subdivision 2 as added by section 1 of part HH of chapter 55 of the laws
 of  2022, paragraph (b) of subdivision 3 as amended by chapter 63 of the
 laws of 2010 and subdivision 8 as amended by chapter 684 of the laws  of
 1981 and as renumbered by chapter 40 of the laws of 2009, are amended to
 read as follows:
   A  qualified  voter,  OR PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON
 THE DATE OF THE NEXT ELECTION, 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:
   2. A qualified voter, OR PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON
 THE  DATE  OF THE NEXT ELECTION, 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, by letter as provided in paragraph (d) of this
 subdivision, or through the electronic absentee ballot application tran-
 smittal system pursuant to section 8-408 of this title.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06581-01-3
 A. 3250                             2
              

 
   (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,
 or on the electronic absentee  ballot  application  transmittal  system.
 Application  forms  shall also be supplied by the board of inspectors of
 the  election  district  in which THE applicant is a qualified voter, OR
 PRE-REGISTERED VOTER WHO WILL BE QUALIFIED  ON  THE  DATE  OF  THE  NEXT
 ELECTION,  on  all of the days provided for local registration. In addi-
 tion, 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
 OR  HER 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, OR PRE-REGISTERED VOTER WHO WILL BE  QUALIFIED  ON
 THE DATE OF THE NEXT ELECTION.
   (b) Applications may be filed with the board of elections, through the
 electronic  absentee  ballot application transmittal system or in person
 with the board of inspectors of  the  election  district  in  which  the
 applicant  is  a  qualified  voter,  OR PRE-REGISTERED VOTER WHO WILL BE
 QUALIFIED ON THE DATE OF THE NEXT ELECTION, on one of the days  provided
 for local registration.
   (c)  All applications requesting an absentee ballot by mail or through
 the electronic absentee ballot application transmittal  system  must  be
 received  by  the  board  of  elections not later than the fifteenth day
 before the election for which a ballot is first requested.  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.
   (d)  The  board  of  elections  shall mail an absentee ballot to every
 qualified voter, OR PRE-REGISTERED VOTER WHO WILL BE  QUALIFIED  ON  THE
 DATE  OF THE NEXT ELECTION, WHO IS 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,  or an electronic application submitted by the voter through
 the electronic absentee ballot  application  transmittal  system  estab-
 lished by the state board of elections, which is signed by the voter and
 received  by  the  board  of  elections not later than the 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
 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.
   (e) When mailing an absentee ballot application to a voter  the  board
 of elections shall provide a domestic postage paid return envelope. When
 providing an absentee ballot application to a voter in-person, the board
 A. 3250                             3
 
 of elections shall offer the voter a domestic postage paid return envel-
 ope and provide one if requested.
   (b)  A  statement  that  the  applicant  is a qualified and registered
 voter, OR PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON THE DATE OF  THE
 NEXT ELECTION.
   8.  Printed  forms  of applications for absentee ballots in accordance
 with the requirements of this section shall be provided by the board  of
 elections.  An  appropriate  number  shall  be  retained by the board of
 elections for the purpose of furnishing  an  application  form  to  each
 qualified  voter,  OR  PRE-REGISTERED VOTER WHO WILL BE QUALIFIED ON THE
 DATE OF THE NEXT ELECTION, who applies  therefor  before  the  board  of
 elections,  either in person or by mail, and an appropriate number shall
 be delivered to each board of inspectors on registration days  with  the
 election  supplies,  and  the  board  of  inspectors  shall  retain  the
 completed and unused applications  and  return  them  to  the  board  of
 elections  with  their election supplies and an appropriate number shall
 be available for distribution to officers of political  parties,  county
 clerks,  city,  town and village clerks, colleges, libraries, hospitals,
 nursing homes, senior citizens centers and any other convenient distrib-
 ution source which is approved by the local or state board of  elections
 and which requests such forms.
   § 2. This act shall take effect immediately.