S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1543
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Education
 
 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  Sections 8-400 and 8-402 of the election law are REPEALED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 statement and that his  state-
 ment is sufficient, it shall, as soon as practicable 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 designated 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  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 jurisdic-
 tion 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02151-01-5
              

 A. 1543                             2

 operated by the Veteran's Administration  of  the  United  States,  such
 absentee ballot need not be so mailed or delivered 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 REGISTERED 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 SUCH VOTER'S REGISTRATION RECORDS,  OR  AT
 AN ADDRESS SPECIFIED 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  SUCH  ABSENTEE VOTER 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
 SUCH VOTER 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.