NY State Senate Bill 2025-S5679

Senate Bill S5679

2025-2026 Legislative Session

Authorizes United States citizens currently residing outside the United States whose last residence was in NY to vote in certain federal elections

download bill text pdf

Current Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2025	referred to elections

2025-S5679 (ACTIVE) - Details

See Assembly Version of this Bill:: A366
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §11-200, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7452, A9709
2023-2024: S482, A2819

2025-S5679 (ACTIVE) - Summary

Authorizes United States citizens currently residing outside the United States whose last residence in the United States was in the state of New York to vote in certain federal elections.

2025-S5679 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5679

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the election law, in relation to authorizing United
States citizens currently residing outside the United States whose last
residence in the United States was in the state of New York to vote in
certain federal elections

 
PURPOSE OF BILL:

This bill would allow voters whose previous residence was in New York
State to vote via absentee ballot in a Federal Election if they reside
in a United States Territory or United States Possession.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 11-200 of the election law by removing the
provision that prohibited a citizen who otherwise qualified to vote via
absentee ballot from voting if they reside in a United States Territory
or Possession.

Section 2 sets the effective date.

 
JUSTIFICATION:

United States citizens who are former residents of New York may vote in
New York as special federal voters via absentee ballot for President,
Vice President, for their Congressperson or Senator if they reside
outside of the United States. However, the existing statute contains a
specific exception if the voter resides in a United States "territory"
or "possession", such as Puerto Rico, the U.S. Virgin Islands, Guam, or
American Samoa. So, a former eligible New York voter who moves to France
can vote via New York absentee ballot in certain federal elections,
whereas a former eligible New York voter who moves, for example, to
Puerto Rico cannot. This has led to the disenfranchisement of countless
New Yorkers - who would otherwise qualify to vote by absentee ballot as
they are prevented from exercising their constitutionally protected
right to vote in a federal election.

 
LEGISLATIVE HISTORY:

SENATE:

2023 - 2024: S482 (Salazar) - Referred to Elections

2021 - 2022: 57452 (Salazar) - Referred to Elections

ASSEMBLY:

2023 - 2024: A 2819 (Davila) - Referred to Elections

2021 - 2022: A 9709 (Davila) - Referred to Elections

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Effective immediately..

2025-S5679 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5679
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2025
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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  authorizing  United
   States  citizens  currently  residing  outside the United States whose
   last residence in the United States was in the state of  New  York  to
   vote in certain federal elections
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 11-200 of  the  election  law,  as
 amended  by  chapter  99  of  the  laws  of  1989, is amended to read as
 follows:
   1. Every citizen of the United States now residing outside the  United
 States  whose  last  domicile  in the United States immediately prior to
 [his] SUCH CITIZEN'S departure from the United States was in  the  state
 of  New  York,  shall  be entitled to vote from such last domicile, as a
 special federal voter in all primary, special and general elections  for
 the public offices or party positions of president and vice-president of
 the United States, United States senator, representative in congress and
 delegates  and  alternate  delegates  to a national convention, provided
 such citizen, at the time of such  departure  from  the  United  States,
 could have met all the present qualifications of this chapter to vote in
 federal elections from such last domicile, except the qualification with
 respect  to  minimum  voting  age, even though such citizen does not now
 maintain a place of abode or domicile in the  state  of  New  York,  and
 provided further that such citizen does not maintain a place of abode or
 domicile,  is  not  registered  to  vote  and is not voting in any other
 election district[,] OR state[, territory or possession  of  the  United
 States]  and  provided further that such citizen has a valid passport or
 card of identity and registration issued  under  the  authority  of  the
 secretary of state of the United States.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00273-01-5

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