S T A T E O F N E W Y O R K
________________________________________________________________________
9789
I N S E N A T E
May 30, 2024
___________
Introduced by Sen. MANNION -- (at request of the State Board of
Elections) -- 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 accessible absentee
ballots
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 8-400 of the election law is
amended by adding a new paragraph (e) to read as follows:
(E) SUCH APPLICATION SHALL PERMIT AN APPLICANT WITH A DISABILITY THAT
INTERFERES WITH THE EFFECTIVE READING, WRITING, OR USE OF PRINTED MATE-
RIAL TO APPLY FOR AN ACCESSIBLE ABSENTEE BALLOT AS PROVIDED FOR IN
SECTION 8-405 OF THIS TITLE.
§ 2. The election law is amended by adding new section 8-405 to read
as follows:
§ 8-405. ACCESSIBLE ABSENTEE BALLOTS. 1. VOTERS WITH A DISABILITY
THAT INTERFERES WITH THE EFFECTIVE READING, WRITING, OR USE OF PRINTED
MATERIAL WHO APPLY FOR AN ACCESSIBLE ABSENTEE BALLOT AND ARE OTHERWISE
ELIGIBLE TO RECEIVE AN ABSENTEE BALLOT SHALL BE SENT AN ACCESSIBLE
ABSENTEE BALLOT BY ACCESSIBLE ELECTRONIC SYSTEM. SUCH SYSTEM SHALL
ALLOW SUCH VOTER TO DOWNLOAD AN ACCESSIBLE ABSENTEE BALLOT, MARK SUCH
BALLOT PRIVATELY AND INDEPENDENTLY USING SUCH VOTER'S OWN ASSISTIVE
TECHNOLOGY, AND PRINT SUCH VOTER'S MARKED BALLOT.
2. SUCH ACCESSIBLE ABSENTEE BALLOTS SHALL BE RETURNED, COUNTED, AND
CANVASSED AS PROVIDED IN THIS CHAPTER FOR OTHER ABSENTEE VOTERS' BALLOTS
AND ALL PROVISIONS OF THIS CHAPTER, NOT INCONSISTENT WITH THIS SECTION,
SHALL APPLY.
§ 3. Subdivision 4 of section 8-400 of the election law, as amended by
chapter 63 of the laws of 2010, is amended to read as follows:
4. A voter who claims permanent illness or physical disability may
make application for an absentee ballot and the right to receive an
absentee ballot for each election thereafter as provided herein without
further application, by filing with the board of elections an applica-
tion which shall contain a statement to be executed by the voter. SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15809-01-4
S. 9789 2
APPLICATION MAY ALSO CONTAIN A STATEMENT THAT SUCH VOTER HAS A PERMANENT
DISABILITY THAT REQUIRES THE USE OF AN ACCESSIBLE ABSENTEE BALLOT PURSU-
ANT TO SECTION 8-405 OF THIS TITLE. Upon filing of such application the
board of elections shall cause the registration records of the voter to
be marked "Permanently Disabled" and thereafter shall send an absentee
ballot OR AN ACCESSIBLE ABSENTEE BALLOT, AS APPLICABLE, for each
succeeding primary, special or general election to such voter at [his or
her] THEIR last known address by first class mail with a request to the
postal authorities not to forward such ballot but to return it in five
days in the event that it cannot be delivered to the addressee. The
mailing of such ballot for each election shall continue, INCLUDING, BUT
NOT LIMITED TO, WHEN SUCH VOTER'S REGISTRATION IS TRANSFERRED TO ANOTHER
COUNTY, until such voter's registration is cancelled.
§ 4. 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] SUCH APPLICANT'S residence as stated in [his] THEIR
statement and that [his] SUCH statement is sufficient, it shall, as soon
as practicable after it shall have determined [his] SUCH APPLICANT'S
right thereto, mail to [him] THEM at an address designated by [him] SUCH
APPLICANT, or deliver to [him] THEM, or to any person designated for
such purpose in writing by [him] SUCH APPLICANT, 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 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
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] TITLE if such
facility is located in the county or city in which such voter is eligi-
ble to vote. PROVIDED, HOWEVER, IF AN APPLICANT WHO IS ELIGIBLE FOR AN
ABSENTEE BALLOT HAS REQUESTED AN ACCESSIBLE ABSENTEE BALLOT SUCH ACCES-
SIBLE ABSENTEE BALLOT NEED NOT BE SO MAILED OR DELIVERED TO ANY SUCH
APPLICANT BUT SHALL BE DELIVERED TO THE VOTER IN THE MANNER PRESCRIBED
BY SECTION 8-405 OF THIS TITLE.
2. When mailing an absentee ballot to a voter OR PROVIDING AN ACCESSI-
BLE ABSENTEE BALLOT PURSUANT TO SECTION 8-405 OF THIS TITLE 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.
§ 5. This act shall take effect immediately.
