S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6848
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Education
 
 AN  ACT  to amend the education law, in relation to absentee ballots for
   school district elections
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs  a and c of subdivision 2 of section 2018-a of
 the education law, as amended by chapter 616 of the laws  of  2019,  are
 amended to read as follows:
   a.  A qualified voter may vote as an absentee voter under this section
 if [during all the hours of  voting]  on  the  [day]  OCCURRENCE  of  an
 election he or she [will] EXPECTS TO be:
   (1) absent from the county of his or her residence; or
   (2)  unable  to  appear  PERSONALLY  at  the  polling place 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
   (3)  [an  inmate]  A RESIDENT or patient of a veteran's administration
 hospital; or
   (4) 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; OR
   (5) UNABLE TO BE PRESENT DUE TO HIS OR HER OBSERVANCE OF  A  RELIGIOUS
 COMMITMENT  OR  FOLLOWING  HIS  OR  HER RELIGIOUS TEACHING OR TENET THAT
 FORBIDS SECULAR ACTIVITY ON THAT DAY.
   c. The application for an absentee ballot when filed must  contain  in
 each instance the following information:
   (1)  Applicant's  full  name,  date  of  birth, and residence address,
 including the street and number, if any, rural delivery route,  if  any,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10767-01-3
              

 A. 6848                             2
 
 mailing  address  if different from the residence address and an address
 to which the ballot shall be mailed.
   (2)  A  statement  that  the  applicant  is a qualified and registered
 voter.
   (3) 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:
   (a) absent from the county of his or her residence; provided, however,
 if the applicant expects to be absent from such county  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
   (b) unable to appear at a polling place because of illness or physical
 disability or duties related to the primary care of one or more individ-
 uals who are ill or physically disabled; or
   (c)  [an  inmate]  A RESIDENT or patient of a veteran's administration
 hospital; or
   (d) 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; OR
   (E) UNABLE TO BE PRESENT DUE TO HIS OR HER OBSERVANCE OF  A  RELIGIOUS
 COMMITMENT  OR  FOLLOWING  HIS  OR  HER RELIGIOUS TEACHING OR TENET THAT
 FORBIDS SECULAR ACTIVITY ON THAT DAY.
   § 2. Subdivision 2 of section 2018-b of the education law, as  amended
 by  chapter 46 of the laws of 1992, paragraph c as amended by chapter 26
 of the laws of 1994, is amended to read as follows:
   2. a. An applicant for such an absentee ballot shall submit an  appli-
 cation setting forth:
   (1) his OR HER FULL name, DATE OF BIRTH and residence address, includ-
 ing  the street and number, if any, or town and rural delivery route, if
 any, MAILING ADDRESS IF DIFFERENT FROM  THE  RESIDENCE  ADDRESS  AND  AN
 ADDRESS TO WHICH THE BALLOT SHALL BE MAILED;
   (2)  that  he  OR SHE is or will be, on the day of the school district
 election, a qualified voter of the school district [in which he  resides
 in  that  he  is or will be, on such date, over eighteen years of age, a
 citizen of the United States  and  has  or  will  have  resided  in  the
 district for thirty days next preceding such date];
   (3)  [that he will be unable to appear to vote in person on the day of
 the school district election for which the absentee ballot is  requested
 because he is, or will be on such day] A STATEMENT, AS APPROPRIATE, THAT
 ON THE DAY OF SUCH ELECTION THE APPLICANT EXPECTS IN GOOD FAITH TO BE IN
 ONE OF THE FOLLOWING CATEGORIES:
   (a)  a RESIDENT OR patient in a hospital, INCLUDING A VETERAN'S ADMIN-
 ISTRATION HOSPITAL, or unable to appear personally at the polling  place
 on such day 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
   (b) [because his duties, occupation, business, or studies will require
 him  to  be outside of the county or city of his residence on such day,]
 ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE;  PROVIDED,  HOWEVER,  IF
 THE  APPLICANT  EXPECTS  TO  BE  ABSENT  FROM SUCH COUNTY 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
 A. 6848                             3
 
   (c) [because he will be on vacation outside the county or city of  his
 residence on such day] UNABLE TO BE PRESENT DUE TO HIS OR HER OBSERVANCE
 OF A RELIGIOUS COMMITMENT, OR FOLLOWING HIS OR HER RELIGIOUS TEACHING OR
 TENET THAT FORBIDS SECULAR ACTIVITY ON THAT DAY; or[,]
   (d)  [absent from his voting residence because he is] detained in jail
 awaiting action by a grand jury or awaiting trial or  [is]  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.  [Such
 application must be received by the district clerk or  designee  of  the
 trustees  or school board at least seven days before the election if the
 ballot is to be mailed to the voter, or the day before the election,  if
 the ballot is to be delivered personally to the voter.]
   b.  [(1)  Where  such  duties, occupation, business, or studies are of
 such a nature as ordinarily to require such absence, a brief description
 of such duties, occupation, business, or studies shall be set  forth  in
 such application.
   (2)  Where  such  duties,  occupation, business, or studies are not of
 such a nature as ordinarily to require such  absence,  such  application
 shall  contain  a  statement  of the special circumstances on account of
 which such absence is required.] SUCH APPLICATION MUST  BE  RECEIVED  BY
 THE  DISTRICT CLERK OR DESIGNEE OF THE TRUSTEES OR SCHOOL BOARD AT LEAST
 SEVEN DAYS BEFORE THE ELECTION IF THE BALLOT IS  TO  BE  MAILED  TO  THE
 VOTER,  OR THE DAY BEFORE THE ELECTION, IF THE BALLOT IS TO BE DELIVERED
 PERSONALLY TO THE VOTER.
   c. [Where the applicant expects in good faith to be absent on the  day
 of  the  election  because he will be on vacation elsewhere on such day,
 such application shall also contain the dates upon which he  expects  to
 begin  and end such vacation, the place or places where he expects to be
 on such vacation, the name and address of his employer, if any,  and  if
 self-employed or retired, a statement to that effect.
   d.  Where  the absence is because of detention or confinement to jail,
 such application shall state whether  the  voter  is  detained  awaiting
 action  of the grand jury or is confined after conviction for an offense
 other than a felony.
   e. Where a person is or would be, if he were a qualified voter,  enti-
 tled  to  apply  for  the  right  to  vote  by absentee ballot under the
 provisions of this section, his spouse, parent or child, if a  qualified
 voter  and  a resident of the same school district, shall be entitled to
 vote as an absentee voter upon personally making and signing an applica-
 tion in accordance with the preceding provisions of this subdivision and
 showing that he expects to be absent from the school district on the day
 of the school district election by reason of accompanying or being  with
 the  spouse,  child or parent who is or would be, if he were a qualified
 voter, so entitled to apply for the right to vote  by  absentee  ballot,
 and,  in  the  event  no  application  is  made by such spouse, child or
 parent, such further information as the clerk of the school district  or
 designee of the trustees or school board shall require.
   f.]  Such  application  shall  include  the  following statement to be
 signed by the voter.
 
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false  statement  in the foregoing statement of application for absentee
 ballots, I shall be guilty of a misdemeanor.
 
 Date...................   Signature of Voter ...........................
 A. 6848                             4

   [g.] D. The clerk of the school district or a designee of the trustees
 or school board shall request  registration  lists  from  the  board  of
 elections pursuant to subdivision three of section 5-612 of the election
 law  for  those voters whose registration record has been marked "perma-
 nently disabled". An applicant whose ability to appear personally at the
 polling  place  of the school district of which he OR SHE is a qualified
 voter is substantially impaired by reason of permanent illness or  phys-
 ical  disability  and  whose registration record has been marked "perma-
 nently disabled" as determined by the board of elections pursuant to the
 provisions of this chapter and who has previously applied for an  absen-
 tee  ballot  shall  be  entitled  to receive subsequent absentee ballots
 pursuant to the provisions  of  this  section  without  making  separate
 application  for  such  absentee  ballot,  and  the  clerk of the school
 district or a designee of the trustees or school  board  shall  send  an
 absentee  ballot  to  such voter at his OR HER last known address with a
 request to the postal authorities not to forward same but to return same
 in five days in the event that it cannot be delivered to the  addressee.
 The clerk of the school district or a designee of the trustees or school
 board  shall  determine whether such ballot shall be sent by first class
 or by certified mail. All such ballots  shall  be  mailed  in  the  same
 manner as determined by the trustees or the board of education.
   § 3. This act shall take effect immediately.