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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Mar 28, 2025 |
referred to elections |
Senate Bill S6995
2025-2026 Legislative Session
Relates to voting by mail and early voting
download bill text pdfSponsored By
(D, WF) 59th Senate District
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
Actions
2025-S6995 (ACTIVE) - Details
- Current Committee:
- Senate Elections
- Law Section:
- Election Law
- Laws Affected:
- Amd El L, generally; amd §§2018-a, 2018-b, 2018-e & 2018-f, Ed L; amd §§84-a & 84-b, Town L
2025-S6995 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6995
SPONSOR: GONZALEZ
TITLE OF BILL:
An act to amend the election law, the education law and the town law, in
relation to voting by mail
PURPOSE OR GENERAL IDEA OF BILL:
To harmonize New York's early mail ballot process and improve procedures
for military and special federal voters.
SUMMARY OF PROVISIONS:
Section 1 amends section 7-119 of the election law concerning early mail
ballot envelopes to allow county boards of elections to use the same
envelopes for both early mail and absentee ballots.
Section 2 amend section 7-122 of the election law concerning absentee
ballot envelopes to allow county board of elections to use the same
envelopes for both early mail and absentee ballots.
Section 3 amends section 8-400 of the election law to provide that if an applicant for an absentee ballot does not provide a reason that the applicant is entitled to an absentee ballot, the application shall be processed as an application for an early mail ballot. Section 4 amends section 8-400 of the election law to provide that a voter who receives absentee ballots on an ongoing basis for all elections because the voter is permanently disabled shall no longer receive absentee ballots if the voter's registration is inactivated. Section 5 amends section 8-400 of the election law to provide that the instructions on an absentee ballot application shall indicate that if an applicant for an absentee ballot does not provide a reason that the applicant is entitled to an absentee ballot, the application shall be processed as an application for an early mail ballot, and the applicant will be sent an early mail ballot if otherwise eligible. Section 6 amends section 8-402 of the election law to provide that if an applicant for an absentee ballot does not provide a reason that the applicant is entitled to an absentee ballot, the county board of elections shall process the application as an application for an early mail ballot. Section 7 amends section 8-402 of the election law to provide that if an absentee ballot application is processed as an application for an early mail ballot, no notification of rejection is necessary. Section 8 amends section 8-700 of the election law to provide that a registered voter may apply to receive early mail ballots for all elections in an election cycle. Section 9 amends section 8-702 of the election law to provide that an early mail ballot application shall be rejected if the applicant is not eligible to vote in any of the elections for which the application is filed. Section 10 amends section 10-106 of the election law to allow an appli- cation for a military ballot to be submitted by mail, facsimile trans- mission, electronic mail, or other electronic method established by the State Board of Elections. Section 11 amends section 10-107 of the election law to allow an appli- cation for a military ballot or voter registration application by a military voter to be submitted by mail, facsimile transmission, elec- tronic mail, or other electronic method established by the State Board of Elections. Section 12 amends section 10-108 of the election law to allow a voter who applies for a military ballot to continue receiving a military ballot for subsequent elections unless the voter's registration is cancelled or placed in inactive status, the voter ceases to meet the qualifications to vote a military ballot, or the voter requests other- wise. Section 13 amends section 10-109 of the election law to provide that if a military voter notifies a board of elections of a move to a new mili- tary address, the board shall continue to transmit a military ballot to the voter at the new address. Section 14 amends section 11-202 of the election law to allow an appli- cation for a special federal ballot to be submitted by mail, facsimile transmission, electronic mail, or other electronic method established by the State Board of Elections and allows a voter who applies for a special federal ballot to continue receiving such ballot for subsequent elections unless the voter's registration is cancelled or placed in inactive status, the voter ceases to meet the qualifications to vote as a special federal voter, or the voter requests otherwise. Section 15 amends section 11-203 of the election law to allow an appli- cation for a special federal ballot or voter registration application by a special federal voter to be submitted by mail, facsimile transmission, electronic mail, or other electronic method established by the State Board of Elections. Section 16 amends section 11-208 of the election law to harmonize the registration deadline for special federal voters with other sections of the election law and provides that if a special federal voter notifies a board of elections of a move to a new address outside the United States, the board shall continue to transmit a special federal ballot to the voter at the new address. Section 17 amends section 11-210 of the election law to provide that a county board of elections need not mail an application for a special federal ballot to a voter who is already scheduled to receive a special federal ballot for that election. Section 18 amends section 15-119 of the election law to provide that a registered voter may apply to receive early mail ballots for all village elections in an election cycle. Sections 19 and 20 amend section 15-120 of the election law to provide that if an applicant for an absentee ballot for a village election does not provide a reason that the applicant is entitled to an absentee ballot, the application shall be processed as an application for an early mail ballot. Section 21 amends section 15-122 of the election law to provide that the instructions on an absentee ballot application shall indicate that if an applicant for an absentee ballot does not provide a reason that the applicant is entitled to an absentee ballot, the application shall be processed as an application for an early mail ballot, and the applicant will be sent an early mail ballot if otherwise eligible. Section 22 amends section 17-132 of the election law to provide that a person whose absentee ballot application is processed as an early mail ballot application is not subject to penalty for attempting to vote as an absentee voter. Sections 23 and 24 amend section 2018-a of the education law to provide that if an applicant for an absentee ballot for a school district election does not provide a reason that the applicant is entitled to an absentee ballot, the application shall be processed as an application for an early mail ballot. The instructions on an absentee ballot appli- cation shall indicate that if an applicant for an absentee ballot does not provide a reason that the applicant is entitled to an absentee ballot, the application shall be processed as an application for an early mail ballot, and the applicant will be sent an early mail ballot if otherwise eligible. Section 25 amends section 2018-a of the education law to allow a board of registration to use the same envelopes for both early mail and absen- tee ballots. Sections 26 and 27 amend section 2018-b of the education law to provide that if an applicant for an absentee ballot for a school district election does not provide a reason that the applicant is entitled to an absentee ballot, the application shall be processed as an application for an early mail ballot. Section 28 amends section 2018-b of the education law to allow a clerk of a school district to use the same envelopes for both early mail and absentee ballots. Section 29 amends section 2018-e of the education law to allow a board of registration to use the same envelopes for both early mail and absen- tee ballots. Section 30 amends section 2018-f of the education law to allow a clerk of a school district to use the same envelopes for both early mail and absentee ballots. Sections 31 and 32 amend section 84-a of the town law to provide that if an applicant for an absentee ballot for a town election does not provide a reason that the applicant is entitled to an absentee ballot, the application shall be processed as an application for an early mail ballot. Section 33 amends section 84-a of the town law to allow a board of registration to use the same envelopes for both early mail and absentee ballots. Section 34 amends section 84-b of the town law to allow a board of registration to use the same envelopes for both early mail and absentee ballots. Section 35 of the bill sets the effective date. JUSTIFICATION: In 2023, New York honored its commitment to expanding voter access by adopting the Early Mail Voter Act, which created a method of mail voting available to all registered voters in parallel with New York's long- standing procedures for absentee voting. This bill makes improvements to the early mail voting process and harmonizes certain requirements with absentee voting to streamline election administration and improve voter convenience. First, the bill revises the text on early mail and absentee ballot envelopes to allow election officials to use the same envelopes for both types of ballots, saving printing costs for election officials and avoiding situations where election officials run out of one type of envelope or unintentionally use an absentee ballot envelope for an early mail ballot and vice versa. Second, the bill provides that if a registered voter submits an absentee ballot application that is otherwise complete, but the voter fails to indicate a reason that they are entitled to an absentee ballot, the application shall be processed as an early mail ballot application. This avoids penalizing a voter simply for using the wrong form to request a mail ballot and minimizes the need for election officials to unnecessar- ily reject an application and route a voter to a different form when they have all the needed information. Third, the bill allows registered voters applying for an early mail ballot to request a ballot for all elections in a two-year election cycle, allowing voters to avoid filing multiple requests, and saving election officials the time and effort of processing these additional requests. This bill also makes two improvements to the mail voting process for military and overseas voters. First, the bill allows military and overseas voters (known as special federal voters) to submit their applications to register to vote and request a mail ballot by electronic means or by fax. Under current law, military and overseas voters may only submit applications to register to vote and request a mail ballot by postal mail. New York is one of only eight states that require military and overseas voters to submit these applications by postal mail. Second, the bill allows military and overseas voters to continue to receive a mail ballot for elections as tong as they remain eligible and in military or special federal status. Under current law, military and overseas voters must renew their registration and request for a mail ballot every four years. This bill would align New York with seven other states that allow military and overseas voters to continue to receive ballots as long as they remain eligible, without the need to period- ically renew their requests. PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: TBD EFFECTIVE DATE: This act shall take effect one year after it shall have become a law.
2025-S6995 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6995
2025-2026 Regular Sessions
I N S E N A T E
March 28, 2025
___________
Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, the education law and the town law, in
relation to voting by mail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3, 6 and 8 of section 7-119 of the election
law, as added by chapter 481 of the laws of 2023, are amended to read as
follows:
3. There shall be three envelopes for each early mail ballot issued by
mail: the inner affirmation envelope into which a voter places their
voted ballot, the outer envelope which shall be addressed to the early
mail voter, and the mailing envelope which is addressed to the county
board of elections. The board of elections shall furnish with each early
mail ballot an inner affirmation envelope. On one side of the envelope
shall be printed:
OFFICIAL [EARLY MAIL] BALLOT
for
GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
..........., 20.......
Name of voter ..................
Residence (street and number if any) ..............
City/or town of (village, if any) .................
County of ...............................
Assembly District ......................
Legislative District (as applicable) ..........
Ward (as applicable) .....................
Election District ....................
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11360-02-5
S. 6995 2
Party Enrollment (in case of primary election) ....................
6. On the reverse side of such inner affirmation envelope shall be
printed the following statement:
AFFIRMATION
I do declare that I am a citizen of the United States, that I am duly
registered in the election district shown on the reverse side of this
envelope and I am qualified to vote in such district; THAT THE INFORMA-
TION CONTAINED ON MY APPLICATION FOR THIS BALLOT IS TRUE AND CORRECT;
that I have not qualified nor do I intend to vote elsewhere, that I have
not committed any act nor am I under any impediment which denies me the
right to vote.
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 early mail voter] AFFIR-
MATION, I shall be guilty of a misdemeanor.
Date ............... 20 ................
..........................
Signature or mark of voter
..........................
Signature of Witness
(required only if voter
does not sign
their own name)
..........................
Address of Witness
8. Each inner affirmation ballot envelope shall be enclosed in an
outer envelope addressed to the appropriate board of elections and bear-
ing on it a specific direction that if an original application for an
early mail OR ABSENTEE ballot is received with the ballot, such applica-
tion must be completed by the voter and returned in the outer envelope
together with the sealed inner affirmation envelope containing the
CORRESPONDING early mail OR ABSENTEE ballot within the time limits for
receipt of the early mail ballot itself. Such inner affirmation envelope
and outer envelope shall be enclosed in the third envelope addressed to
the [early mail] voter. The outer and third envelopes shall have printed
on the face thereof the words "Election Material--Please Expedite".
§ 2. Subdivisions 3, 6 and 8 of section 7-122 of the election law, as
amended by chapter 411 of the laws of 2019, are amended to read as
follows:
3. There shall be three envelopes for each absentee ballot issued by
mail: the inner affirmation envelope into which a voter places [his or
her] THEIR voted ballot, the outer envelope which shall be addressed to
the absentee voter, and the mailing envelope which is addressed to the
county board of elections. The board of elections shall furnish with
each absentee ballot an inner affirmation envelope. On one side of the
envelope shall be printed:
S. 6995 3
OFFICIAL [ABSENTEE] BALLOT
for
GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
........., 20.....
Name of voter.........................................
Residence (street and number if any)..................
City/or town of.......(village, if any)...............
County of.............................................
Assembly district ....................................
Legislative District (as applicable) .................
Ward (as applicable) .................................
Election District.....................................
Party Enrollment (in case of primary election)........
6. On the reverse side of such inner affirmation envelope shall be
printed the following statement:
AFFIRMATION
I do declare that I am a citizen of the United States, that I am duly
registered in the election district shown on the reverse side of this
envelope and I am qualified to vote in such district; [that I will be
unable to appear personally on the day of the election for which this
ballot is voted at the polling place of the election district in which I
am a qualified voter because of the reason given on my application here-
tofore submitted] THAT THE INFORMATION CONTAINED ON MY APPLICATION FOR
THIS BALLOT IS TRUE AND CORRECT; that I have not qualified nor do I
intend to vote elsewhere, that I have not committed any act nor am I
under any impediment which denies me the right to vote.
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 absentee voter] AFFIRMA-
TION, I shall be guilty of a misdemeanor.
Date ............... 20 ................
..........................
Signature or mark of voter
..........................
Signature of Witness
(required only if voter
does not sign [his or her]
THEIR own name)
..........................
Address of Witness
8. Each inner affirmation ballot envelope shall be enclosed in an
outer envelope addressed to the appropriate board of elections and bear-
ing on it a specific direction that if an original application for AN
EARLY MAIL OR an absentee ballot is received with the ballot, such
application must be completed by the voter and returned in the outer
envelope together with the sealed inner affirmation envelope containing
the CORRESPONDING EARLY MAIL OR absentee ballot within the time limits
for receipt of the EARLY MAIL OR absentee ballot itself. Such inner
affirmation envelope and outer envelope shall be enclosed in the third
S. 6995 4
envelope addressed to the [absentee] voter. The outer and third envel-
opes shall have printed on the face thereof the words "Election Materi-
al--Please Expedite".
§ 3. Subdivision 3 of section 8-400 of the election law is amended by
adding a new paragraph (c-1) to read as follows:
(C-1) IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE APPLICANT
IS ENTITLED TO AN ABSENTEE BALLOT AS REQUIRED BY PARAGRAPH (C) OF THIS
SUBDIVISION, THE APPLICATION SHALL BE PROCESSED AS AN APPLICATION FOR AN
EARLY MAIL BALLOT PURSUANT TO SECTION 8-702 OF THIS ARTICLE.
§ 4. 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. Upon
filing of such application the board of elections shall cause the regis-
tration records of the voter to be marked "Permanently Disabled" and
thereafter shall send an absentee ballot 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 authori-
ties 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 until such voter's registration
is cancelled OR INACTIVATED.
§ 5. Subdivision 10 of section 8-400 of the election law, as amended
by chapter 373 of the laws of 1986 and as renumbered by chapter 40 of
the laws of 2009, is amended to read as follows:
10. The state board of elections shall prescribe a standard applica-
tion form for use under this section. THE STANDARD APPLICATION FORM
SHALL INDICATE THAT IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE
APPLICANT IS ENTITLED TO AN ABSENTEE BALLOT, THE APPLICATION WILL BE
PROCESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT, AND THE APPLICANT
WILL BE SENT AN EARLY MAIL BALLOT IF OTHERWISE ELIGIBLE. The use of any
application form which substantially complies with the provisions of
this section shall be acceptable and any application filed on such a
form shall be accepted for filing.
§ 6. Subdivision 1 of section 8-402 of the election law, as amended by
chapter 666 of the laws of 1980, is amended to read as follows:
1. Upon receipt of an application for an absentee ballot the board of
elections shall forthwith determine upon such inquiry as it deems proper
whether the applicant is qualified to vote and to receive an absentee
ballot, and if it finds the applicant is not so qualified it shall
reject the application after investigation as hereinafter provided.
PROVIDED THAT, AN APPLICATION FOR AN ABSENTEE BALLOT THAT DOES NOT
PROVIDE A REASON THAT THE APPLICANT IS ENTITLED TO SUCH A BALLOT SHALL
BE PROCESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT TO
PARAGRAPH (C-1) OF SUBDIVISION THREE OF SECTION 8-400 OF THIS TITLE AND
SECTION 8-702 OF THIS ARTICLE.
§ 7. Subdivision 5 of section 8-402 of the election law is amended to
read as follows:
5. If the board shall determine that the applicant is not entitled to
an absentee ballot it shall immediately notify the applicant, giving
[him] THE APPLICANT the reason for such rejection. PROVIDED THAT NO
NOTIFICATION OF REJECTION IS NECESSARY IF THE APPLICATION IS PROCESSED
S. 6995 5
AS AN APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT TO SUBDIVISION ONE
OF THIS SECTION.
§ 8. Subdivision 5 of section 8-700 of the election law, as added by
chapter 481 of the laws of 2023, is amended to read as follows:
5. The application for an early mail ballot shall also provide the
applicant the opportunity to request to receive an early mail ballot for
all remaining elections in the [calendar year] ELECTION CYCLE in which
the applicant is eligible to vote. If an applicant indicates in the
application for an early mail ballot that they wish to receive an early
mail ballot for all remaining elections in the [calendar year] ELECTION
CYCLE, upon filing of such application, the board of elections shall
indicate such request in the voter's registration record. When early
mail ballots are mailed for subsequent elections in the [calendar year]
ELECTION CYCLE in which the voter is eligible to vote, the board of
elections shall mail an early mail ballot to the voter at their last
known address by first class mail with a request to the postal authori-
ties not to forward such ballot but to return it in five days in the
event that it cannot be delivered to the addressee. However, the board
shall not be required to mail an early mail ballot pursuant to this
section if the voter's registration has been canceled OR INACTIVATED
since the filing of such application. FOR PURPOSES OF THIS SECTION,
"ELECTION CYCLE" MEANS THE TWO-YEAR PERIOD BEGINNING ON JANUARY FIRST IN
AN ODD-NUMBERED YEAR AND ENDING ON DECEMBER THIRTY-FIRST IN THE SUBSE-
QUENT EVEN-NUMBERED YEAR.
§ 9. Subdivision 2 of section 8-702 of the election law, as added by
chapter 481 of the laws of 2023, is amended to read as follows:
2. If the board of elections determines that the applicant is not a
registered voter of the county or city at the address listed in the
application pursuant to subdivision one of this section or the applicant
is not eligible to vote in [all] ONE OR MORE of the elections for which
the application is filed, the board of elections shall immediately noti-
fy the applicant of the rejection of the application to vote early by
mail and provide the reason for such rejection.
§ 10. Subdivision 2 of section 10-106 of the election law, as amended
by chapter 91 of the laws of 1992, is amended to read as follows:
2. Such board of elections shall cause such military voter to be
registered in the manner provided by this chapter, and in the space
designated "other remarks" shall be entered the military address of such
voter or such military address shall be entered into the computer files
from which the computer generated registration list is prepared. Such
registration poll records shall be stamped or marked conspicuously with
the legend "Military Voter" or the records of such military voters in
such computer files shall be coded in a manner which distinguishes such
voters from the other voters in such files. The foregoing provisions of
this subdivision as to entry of the military address may be altered by
the state board of elections to such extent as may be necessary to the
security and safety of the United States. A military voter shall not be
required to register personally AND AN APPLICATION FOR A MILITARY BALLOT
MAY BE SUBMITTED BY MAIL, FACSIMILE TRANSMISSION, ELECTRONIC MAIL, OR
OTHER ELECTRONIC METHOD ESTABLISHED BY THE STATE BOARD OF ELECTIONS. An
application for a military ballot shall constitute permanent personal
registration and a military voter shall be deemed registered under the
rules and regulations prevailing under permanent personal registration
upon the filing of [his] THEIR application and the entering of [his]
THEIR name in the appropriate registration records.
S. 6995 6
§ 11. Subdivision 2 of section 10-107 of the election law, as added by
chapter 104 of the laws of 2010, is amended to read as follows:
2. Irrespective of the preferred method of transmission designated by
a military voter, a military voter's [original completed voter registra-
tion application, military ballot application and] military ballot must
be returned by mail or in person [notwithstanding that a prior copy was
sent to the board of elections by facsimile transmission or electronic
mail].
§ 12. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 164 of the laws of 2022, is amended to read
as follows:
(a) Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to section 10-107 of
this article, as soon as practicable but in any event not later than
forty-six days before a primary or general election; twenty-five days
before a New York city community school board district or city of
Buffalo school district election; fourteen days before a village
election conducted by the board of elections; forty-five days before a
special election; and twenty-three days before a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law. A voter who submits a military ballot application
shall be entitled to a military ballot thereafter for each subsequent
election [through and including the next two regularly scheduled general
elections held in even numbered years, including any run-offs which may
occur] UNLESS THE VOTER'S REGISTRATION IS CANCELLED OR PLACED IN INAC-
TIVE STATUS, THE VOTER CEASES TO MEET THE QUALIFICATIONS TO VOTE A MILI-
TARY BALLOT, OR THE VOTER REQUESTS OTHERWISE, WHICHEVER OCCURS FIRST;
provided, however, such application shall not be valid for any election
held within seven days after its receipt. Ballots shall also be mailed
to any qualified military voter who is already registered and who
requests such military ballot from such board of elections in a letter,
which is signed by the voter and received by the board of elections not
later than the seventh day before the election for which the ballot is
requested and which states the address where the voter is registered and
the address to which the ballot is to be mailed. The board of elections
shall enclose with such ballot a form of application for military
ballot. In the case of a primary election, the board shall deliver only
the ballot of the party with which the military voter is enrolled
according to the military voter's registration records. In the event a
primary election is uncontested in the military 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 military voter for such election; and the military
voter shall be advised of the reason why [he or she] THEY will not
receive a ballot.
§ 13. Subdivision 2 of section 10-109 of the election law, as amended
by chapter 200 of the laws of 1996, is amended to read as follows:
2. If any ballot, application form or other mail sent to a military
voter at [his] THEIR military address by the board of elections is
returned by the post office as undeliverable, the board of elections
shall ascertain whether the military voter is residing at the address
given on [his] THEIR registration records as [his] THEIR permanent
address. If [he] SUCH MILITARY VOTER is residing at such address, the
board shall not send [him] THEM any further military ballots unless [he]
SUCH MILITARY VOTER applies for them in the regular way, giving a new
S. 6995 7
military address. If such military voter is not residing at such perma-
nent address, the board of elections shall send a confirmation notice to
such military voter at [his] THEIR last military address pursuant to the
provisions of section 5-712 of this chapter and shall place the regis-
tration of such voter in inactive status. However, if such a voter noti-
fies the board of elections that [he has] THEY HAVE moved to a new mili-
tary address, the board shall restore the registration of such voter to
active status in the manner prescribed by section 5-213 of this chapter
AND THE VOTER SHALL CONTINUE TO RECEIVE A BALLOT FOR ELECTIONS IN WHICH
THE VOTER IS ENTITLED TO VOTE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
ONE OF SECTION 10-108 OF THIS ARTICLE.
§ 14. Paragraphs a and b of subdivision 1 of section 11-202 of the
election law, paragraph a as amended by chapter 113 of the laws of 2023,
paragraph b as amended by chapter 262 of the laws of 2003, are amended
to read as follows:
a. A person, who, pursuant to this title, is qualified to vote as a
special federal voter may, by application received by the state board of
elections or any local board of elections on or before the tenth day
next preceding any election in which such person would be entitled to
vote or the last day of local registration for such election, whichever
is later, apply to the board of elections of the county in which they
resided in person or by personal application by mail, FACSIMILE TRANS-
MISSION, ELECTRONIC MAIL, OR OTHER ELECTRONIC METHOD ESTABLISHED BY THE
STATE BOARD OF ELECTIONS, for registration and enrollment as a special
federal voter. An application for registration and enrollment pursuant
to this article shall be treated as an application for a special federal
ballot for every election in which the applicant would be eligible to
vote [which is held through and including the next two regularly sched-
uled general elections held in even numbered years, including any run-
offs which may occur] AND SHALL REMAIN IN EFFECT UNLESS THE SPECIAL
FEDERAL VOTER'S REGISTRATION IS CANCELLED OR INACTIVATED, THE VOTER
CEASES TO MEET THE QUALIFICATIONS TO VOTE AS A SPECIAL FEDERAL VOTER, OR
THE VOTER REQUESTS OTHERWISE, WHICHEVER OCCURS FIRST.
b. A person who, pursuant to the provisions of this title, is already
registered as a special federal voter, may, by application received by
the state board of elections or any local board of elections, apply to
the board of elections of the county in which [he is] THEY ARE so regis-
tered in person or by mail, FACSIMILE TRANSMISSION, ELECTRONIC MAIL, OR
OTHER ELECTRONIC METHOD ESTABLISHED BY THE STATE BOARD OF ELECTIONS, for
a special federal ballot. Such an application shall entitle such a voter
to receive a ballot for every election in which such voter is entitled
to vote [which is held through and including the next two regularly
scheduled general elections held in even numbered years, including any
run-offs which may occur] AND SHALL REMAIN IN EFFECT UNLESS THE SPECIAL
FEDERAL VOTER'S REGISTRATION IS CANCELLED OR PLACED IN INACTIVE STATUS,
THE VOTER CEASES TO MEET THE QUALIFICATIONS TO VOTE AS A SPECIAL FEDERAL
VOTER, OR THE VOTER REQUESTS OTHERWISE, WHICHEVER OCCURS FIRST,
provided, however, such application shall not apply to any election held
on or before the seventh day after receipt of such application.
§ 15. Subdivision 2 of section 11-203 of the election law, as added by
chapter 104 of the laws of 2010, is amended to read as follows:
2. Irrespective of the preferred method of transmission designated by
a special federal voter, a special federal voter's [original completed
voter registration application, special federal ballot application and]
special federal ballot must be returned by mail or in person [notwith-
S. 6995 8
standing that a prior copy was sent to the board of elections by facsim-
ile transmission or electronic mail].
§ 16. Subdivisions 1 and 2 of section 11-208 of the election law, as
amended by chapter 200 of the laws of 1996, are amended to read as
follows:
1. Voters registered pursuant to this title shall be eligible to vote
in every election in which special federal voters are eligible to vote
which is held on or after the [thirtieth] TENTH day after receipt of
their applications for such registration.
2. If any ballot, application form or other mail sent to a special
federal voter at [his] THEIR address outside the United States by such
board is returned by the post office as undeliverable, the board of
elections shall send a confirmation notice to such special federal voter
at such address pursuant to the provisions of section 5-712 of this
chapter and shall place the registration of such voter in inactive
status. If the board of elections subsequently receives notice of a new
address outside the United States for such voter, or notice that the
voter is still at the same address outside the United States, the board
shall restore the registration of such voter to active status in the
manner prescribed by section 5-213 of this chapter AND THE VOTER SHALL
CONTINUE TO RECEIVE A BALLOT FOR ELECTIONS IN WHICH THE VOTER IS ENTI-
TLED TO VOTE PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION
11-202 OF THIS ARTICLE.
§ 17. Subdivisions 1 and 2 of section 11-210 of the election law, as
amended by chapter 262 of the laws of 2003, are amended to read as
follows:
1. Not earlier than sixty or later than forty days before each general
or primary election in which special federal voters are eligible to
vote, the board of elections shall mail to each voter who is eligible to
vote in such election and who was registered pursuant to this title for
the previous election at which such voters were eligible to vote, the
application for a special federal ballot provided for by this title;
provided, however, the board of elections shall not send such an appli-
cation to any person who [has applied for a ballot and who] is ALREADY
entitled to receive a ballot for such election.
2. If a special election for representative in congress is called by
proclamation of the governor, such an application shall be mailed to
each voter registered pursuant to this title, who is eligible to vote in
such special election, not later than three days after the issuance of
the proclamation for such special election; provided, however, the board
of elections shall not send such an application to any person who [has
applied for a ballot and who] is ALREADY entitled to receive a ballot
for such election.
§ 18. Subdivision 4 of section 15-119 of the election law, as added by
chapter 481 of the laws of 2023, is amended to read as follows:
4. The application for an early mail ballot when filed must contain in
each instance the following information:
(a) Applicant's full name, date of birth, and residence address,
including the street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and their
village and an address to which the ballot shall be mailed.
(b) A statement that the applicant is a registered voter.
(c) Such application shall permit the applicant to apply for an early
mail ballot for a single election or for all remaining elections in the
[calendar year] ELECTION CYCLE for which the voter is eligible to vote.
FOR PURPOSES OF THIS SECTION, "ELECTION CYCLE" MEANS THE TWO-YEAR PERIOD
S. 6995 9
BEGINNING ON JANUARY FIRST IN AN ODD-NUMBERED YEAR AND ENDING ON DECEM-
BER THIRTY-FIRST IN THE SUBSEQUENT EVEN-NUMBERED YEAR.
§ 19. Subdivision 4 of section 15-120 of the election law is amended
by adding a new paragraph (c-1) to read as follows:
(C-1) IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS
ENTITLED TO AN ABSENTEE BALLOT AS REQUIRED BY PARAGRAPH (C) OF THIS
SUBDIVISION, THE APPLICATION SHALL BE PROCESSED AS AN APPLICATION FOR AN
EARLY MAIL BALLOT PURSUANT TO SECTION 15-119 OF THIS ARTICLE.
§ 20. Subdivision 5 of section 15-120 of the election law, as amended
by chapter 289 of the laws of 2014, is amended to read as follows:
5. An application must be received by the village clerk no earlier
than four months before the election for which an absentee ballot is
sought. If the application requests that the absentee ballot be mailed,
such application must be received not later than seven days before the
election. If the applicant or [his or her] THEIR agent delivers the
application to the village clerk in person, such application must be
received not later than the day before the election. The village clerk
shall examine each application and shall determine from the information
contained therein whether the applicant is qualified under this section
to receive an absentee ballot. PROVIDED THAT, AN APPLICATION FOR AN
ABSENTEE BALLOT THAT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS
ENTITLED TO SUCH A BALLOT SHALL BE PROCESSED AS AN APPLICATION FOR AN
EARLY MAIL BALLOT PURSUANT TO PARAGRAPH (C-1) OF SUBDIVISION FOUR OF
THIS SECTION AND SECTION 15-119 OF THIS ARTICLE. The clerk in making
such decision shall not determine whether the applicant is a qualified
elector, said determination being reserved to the inspectors of election
as is hereinafter provided in subdivision nine of this section.
§ 21. Subdivision 6 of section 15-122 of the election law, as amended
by chapter 84 of the laws of 1986, is amended to read as follows:
6. Printed forms containing the application for the absentee ballot,
in accordance with the requirements of this section, shall be in the
form prescribed by the state board of elections and shall be provided by
the village clerk and shall be available at the office of the clerk.
Application forms for absentee ballots for use pursuant to this section
shall be furnished by the village clerk upon request of the person
authorized to vote under this section or by any such person's spouse,
parent, child, authorized agent or any nurse charged with the care of
such person. THE PRINTED FORM SHALL INDICATE THAT IF THE APPLICANT DOES
NOT PROVIDE A REASON THAT THE APPLICANT IS ENTITLED TO AN ABSENTEE
BALLOT, THE APPLICATION WILL BE PROCESSED AS AN APPLICATION FOR AN EARLY
MAIL BALLOT, AND THE APPLICANT WILL BE SENT AN EARLY MAIL BALLOT IF
OTHERWISE ELIGIBLE. THE STANDARD APPLICATION FORM SHALL INDICATE THAT IF
THE APPLICANT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS ENTITLED
TO AN ABSENTEE BALLOT, THE APPLICATION WILL BE PROCESSED AS AN APPLICA-
TION FOR AN EARLY MAIL BALLOT, AND THE APPLICANT WILL BE SENT AN EARLY
MAIL BALLOT IF OTHERWISE ELIGIBLE.
§ 22. Section 17-132 of the election law is amended by adding a second
closing paragraph to read as follows:
PROVIDED, FURTHER, THAT A PERSON WHOSE ABSENTEE BALLOT APPLICATION IS
PROCESSED AS AN EARLY MAIL BALLOT APPLICATION PURSUANT TO SECTION 8-402
OR SECTION 15-120 OF THIS CHAPTER IS NOT SUBJECT TO PENALTY UNDER SUBDI-
VISION SEVEN OF THIS SECTION FOR ATTEMPTING TO VOTE AS AN ABSENTEE
VOTER.
§ 23. Paragraph b of subdivision 2 of section 2018-a of the education
law, as added by chapter 616 of the laws of 2019, is amended and a new
paragraph c-1 is added to read as follows:
S. 6995 10
b. Each person entitled to vote as an absentee voter pursuant to this
section and desirous of obtaining an absentee ballot shall make written
application therefor to the district clerk. Application forms for use
pursuant to this section shall be in a form prescribed by the state
board of elections. THE STANDARD APPLICATION FORM SHALL INDICATE THAT
IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS ENTI-
TLED TO AN ABSENTEE BALLOT, THE APPLICATION WILL BE PROCESSED AS AN
APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT TO PARAGRAPH C-1 OF THIS
SUBDIVISION, AND THE APPLICANT WILL BE SENT AN EARLY MAIL BALLOT IF
OTHERWISE ELIGIBLE. The use of any application which is on a form
prescribed by the state board of elections shall be acceptable.
C-1. IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS
ENTITLED TO AN ABSENTEE BALLOT PURSUANT TO PARAGRAPH C OF THIS SUBDIVI-
SION, THE APPLICATION SHALL BE PROCESSED AS AN APPLICATION FOR AN EARLY
MAIL BALLOT PURSUANT TO SECTION TWO THOUSAND EIGHTEEN-E OF THIS PART.
§ 24. Subdivision 3 of section 2018-a of the education law, as added
by chapter 219 of the laws of 1978, is amended to read as follows:
3. If, upon examining the application required under the provisions of
subdivision two of this section, and upon such inquiry as it deems prop-
er, the board of registration shall be satisfied that the applicant is a
qualified voter of the district, and entitled to vote by absentee
ballot, such board shall place [his] THEIR name upon the register, ther-
eupon the applicant shall be issued or mailed an absentee voter's ballot
and the board of registration shall make an appropriate entry on the
register indicating that an absentee ballot has been applied for by, and
issued to, the applicant. PROVIDED, THAT AN APPLICATION FOR AN ABSENTEE
BALLOT THAT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS ENTITLED TO
SUCH A BALLOT PURSUANT TO PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION
SHALL BE PROCESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT
TO SECTION TWO THOUSAND EIGHTEEN-E OF THIS PART.
§ 25. Subdivision 5 of section 2018-a of the education law, as added
by chapter 219 of the laws of 1978, paragraph a as amended by chapter
375 of the laws of 1984, paragraph b as amended by section 8 of part LL
of chapter 56 of the laws of 2010, is amended to read as follows:
5. a. The board of registration shall enclose each absentee voter's
ballot in an envelope which shall be labelled:
ELECTION MATERIAL
PLEASE EXPEDITE
On one side of such envelope shall be printed:
OFFICIAL BALLOT[, ABSENTEE VOTER]
for
School District Election
Name of Voter .......................................
Residence (street and number, if any) ...............
City (or Town) of ...................................
County of ...........................................
School district .....................................
S. 6995 11
School Election District (if applicable) ............
The date of the election and name of the school district shall be
printed, and the name of the voter, residence, school district and
school election district (if applicable) shall be written in by the
board of registration.
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF [ABSENTEE] VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age, on the date of the school district
election; that I will have been a resident of this state and of the
school district and school election district, if any, shown on the
reverse side of this envelope for thirty days next preceding the said
election and duly registered in the school district and school election
district, if any, shown on the reverse side of this envelope and that I
am or on such date will be, a qualified voter of said school district;
[that I will be unable to appear personally on the day of said school
district election at the polling place of the said district in which I
am or will be a qualified voter because of the reason stated on my
application heretofore submitted] THAT THE INFORMATION CONTAINED ON MY
APPLICATION FOR THIS BALLOT IS TRUE AND CORRECT; that I have not quali-
fied, or do I intend to vote, elsewhere than as set forth on the reverse
side of this envelope; that I have not received or offered, do not
expect to receive, have not paid, offered or promised to pay, contrib-
uted, offered or promised to contribute to another to be paid or used,
any money or other valuable thing, as a compensation or reward for the
giving or withholding of a vote at this school district election, and
have not made any promise to influence the giving or withholding of any
such votes; that I have not made or become directly or indirectly inter-
ested in any bet or wager depending upon the result of this school
district election; and that I have not been convicted of bribery or any
infamous crime, or, if so convicted, that I have been pardoned or
restored to all the rights of a citizen, without restriction as to the
right of suffrage, or received a certificate of relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law removing my disability to register and vote.
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 [absentee] voter, I shall
be guilty of a misdemeanor.
Date.....................Signature of Voter ..........................
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the envel-
ope must reach the office of the clerk of the school district not later
than five P.M. on the day of the election in order that [his] THEIR vote
may be canvassed.
d. A person who shall make any material false statement in the state-
ment of [absentee] voter appearing on the reverse side of the envelope
as provided in this subdivision, shall be guilty of a misdemeanor.
S. 6995 12
§ 26. Paragraph a of subdivision 2 of section 2018-b of the education
law, as amended by chapter 46 of the laws of 1992, is amended to read as
follows:
a. An applicant for such an absentee ballot shall submit an applica-
tion setting forth (1) [his] THEIR name and residence address, including
the street and number, if any, or town and rural delivery route, if any;
(2) that [he] SUCH APPLICANT is or will be, on the day of the school
district election, a qualified voter of the school district in which [he
resides] THEY RESIDE in that [he is] THEY ARE 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] THEY 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] THEY ARE, or will be on such day (a) a patient
in a hospital, or unable to appear personally at the polling place on
such day because of illness or physical disability or (b) because [his]
THEIR duties, occupation, business, or studies will require [him] THEM
to be outside of the county or city of [his] THEIR residence on such
day, (c) because [he] THEY will be on vacation outside the county or
city of [his] THEIR residence on such day; or, (d) absent from [his]
THEIR voting residence because [he is] THEY ARE detained in jail await-
ing action by a grand jury or awaiting trial or [is] ARE confined in
prison after conviction for an offense other than a felony. Such appli-
cation must be received by the district clerk or designee of the trus-
tees 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. PROVIDED THAT,
IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS ENTI-
TLED TO AN ABSENTEE BALLOT PURSUANT TO THIS SUBDIVISION, THE APPLICATION
SHALL BE PROCESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT
TO SECTION TWO THOUSAND EIGHTEEN-F OF THIS PART.
§ 27. Subdivision 3 of section 2018-b of the education law, as amended
by chapter 481 of the laws of 2023, is amended to read as follows:
3. If, upon examining the application required under the provisions of
subdivision two of this section, and upon such inquiry as it deems prop-
er, the clerk of the school district or designee of the trustees or
school board shall be satisfied that the applicant is a qualified voter
of the district, and entitled to vote by absentee ballot, such clerk of
the school district or designee of the trustees or school board shall
cause to be issued or mailed to the applicant an absentee voter's ballot
and the clerk of the school district or designee of the trustees or
school board shall make an appropriate entry on the poll list pursuant
to section two thousand twenty-nine of this part. PROVIDED THAT, AN
APPLICATION FOR AN ABSENTEE BALLOT THAT DOES NOT PROVIDE A REASON THAT
THE APPLICANT IS ENTITLED TO SUCH A BALLOT SHALL BE PROCESSED AS AN
APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT PARAGRAPH A OF SUBDIVISION
TWO OF THIS SECTION AND SECTION TWO THOUSAND EIGHTEEN-F OF THIS PART.
§ 28. Subdivision 6 of section 2018-b of the education law, as amended
by chapter 46 of the laws of 1992, paragraph b as amended by section 9
of part LL of chapter 56 of the laws of 2010, is amended to read as
follows:
6. a. The clerk of the school district or designee of the trustees or
school board shall enclose each absentee voter's ballot in an envelope
which shall be labelled:
ELECTION MATERIAL
PLEASE EXPEDITE
S. 6995 13
On one side of such envelope shall be printed:
OFFICIAL BALLOT, [ABSENTEE VOTER]
for
School District Election
Name of Voter ..........................................................
Residence (street and number, if any) ..................................
City (or Town) of ......................................................
County of ..............................................................
School District ........................................................
School Election District (if applicable) ...............................
The date of the election and name of the school district shall be
printed, and the name of the voter, residence, school district and
school election district (if applicable) shall be included.
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF [ABSENTEE] VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age on the date of the school district election;
that I will have been a resident of this state and of the school
district and school election district, if any, shown on the reverse side
of this envelope for thirty days next preceding the said election and
that I am or on such date will be, a qualified voter of said school
district; [that I will be unable to appear personally on the day of said
school district election at the polling place of the said district in
which I am or will be a qualified voter because of the reason stated on
my application heretofore submitted] THAT THE INFORMATION CONTAINED ON
MY APPLICATION FOR THIS BALLOT IS TRUE AND CORRECT; that I have not
qualified, or do I intend to vote, elsewhere than as set forth on the
reverse side of this envelope; that I have not received or offered, do
not expect to receive, have not paid, offered or promised to pay,
contributed, offered or promised to contribute to another to be paid or
used, any money or other valuable thing, as a compensation or reward for
the giving or withholding of a vote at this school district election,
and have not made any promise to influence the giving or withholding of
any such votes; that I have not made or become directly or indirectly
interested in any bet or wager depending upon the result of this school
district election; and that I have not been convicted of bribery or any
infamous crime, or, if so convicted, that I have been pardoned or
restored to all the rights of a citizen, without restriction as to the
right of suffrage, or have received a certificate of relief from disa-
bilities or a certificate of good conduct pursuant to article twenty-
three of the correction law removing my disability to vote.
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 [absentee] voter, I shall
be guilty of a misdemeanor.
Date....................Signature of Voter ...........................
S. 6995 14
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the envel-
ope must reach the office of the clerk of the school district or desig-
nee of the trustees or school board not later than five P.M. on the day
of the election in order that [his] THEIR vote may be canvassed.
d. A person who shall make any material false statement in the state-
ment of the [absentee] voter appearing on the reverse side of the envel-
ope as provided in this subdivision, shall be guilty of a misdemeanor.
§ 29. Subdivision 5 of section 2018-e of the education law, as added
by chapter 481 of the laws of 2023, is amended to read as follows:
5. a. The board of registration shall enclose each early mail voter's
ballot in an envelope which shall be labelled:
ELECTION MATERIAL
PLEASE EXPEDITE
On one side of such envelope shall be printed:
OFFICIAL BALLOT[, EARLY MAIL VOTER]
for
School District Election
Name of Voter ..............
Residence (street and number, if any) ......
City (or Town) of .............
County of .................
School District ..............
School Election District (if applicable) ......
The date of the election and name of the school district shall be
printed, and the name of the voter, residence, school district and
school election district (if applicable) shall be written in by the
board of registration.
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF [EARLY MAIL] VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age, on the date of the school district
election; that I will have been a resident of this state and of the
school district and school election district, if any, shown on the
reverse side of this envelope for thirty days next preceding the said
election and duly registered in the school district and school election
district, if any, shown on the reverse side of this envelope and that I
am or on such date will be, a qualified voter of said school district;
THAT THE INFORMATION CONTAINED ON MY APPLICATION FOR THIS BALLOT IS TRUE
AND CORRECT; that I have not qualified, or do I intend to vote, else-
where than as set forth on the reverse side of this envelope; that I
have not received or offered, do not expect to receive, have not paid,
offered or promised to pay, contributed, offered or promised to contrib-
ute to another to be paid or used, any money or other valuable thing, as
a compensation or reward for the giving or withholding of a vote at this
school district election, and have not made any promise to influence the
giving or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the
result of this school district election; and that I have not been
convicted of bribery or any infamous crime, or, if so convicted, that I
have been pardoned or restored to all the rights of a citizen, without
restriction as to the right of suffrage, or received a certificate of
S. 6995 15
relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law removing my disability to
register and vote.
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 [early mail] voter, I
shall be guilty of a misdemeanor.
Date................... Signature of Voter............................
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the envel-
ope must reach the office of the clerk of the school district not later
than five P.M. on the day of the election in order that their vote may
be canvassed.
d. A person who shall make any material false statement in the state-
ment of [early mail] voter appearing on the reverse side of the envelope
as provided in this subdivision, shall be guilty of a misdemeanor.
§ 30. Subdivision 6 of section 2018-f of the education law, as added
by chapter 481 of the laws of 2023, is amended to read as follows:
6. a. The clerk of the school district or designee of the trustees or
school board shall enclose each early mail voter's ballot in an envelope
which shall be labelled:
ELECTION MATERIAL
PLEASE EXPEDITE
On one side of such envelope shall be printed:
OFFICIAL BALLOT[, EARLY MAIL VOTER]
for
School District Election
Name of Voter ............
Residence (street and number, if any) ...............
City (or Town) of .....................
County of ....................
School District ...................
School Election District (if applicable) ................
The date of the election and name of the school district shall be
printed, and the name of the voter, residence, school district and
school election district (if applicable) shall be included.
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF [EARLY MAIL] VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age on the date of the school district election;
that I will have been a resident of this state and of the school
district and school election district, if any, shown on the reverse side
of this envelope for thirty days next preceding the said election and
that I am or on such date will be, a qualified voter of said school
district; THAT THE INFORMATION CONTAINED ON MY APPLICATION FOR THIS
BALLOT IS TRUE AND CORRECT; that I have not qualified, or do I intend to
vote, elsewhere than as set forth on the reverse side of this envelope;
that I have not received or offered, do not expect to receive, have not
paid, offered or promised to pay, contributed, offered or promised to
contribute to another to be paid or used, any money or other valuable
thing, as a compensation or reward for the giving or withholding of a
S. 6995 16
vote at this school district election, and have not made any promise to
influence the giving or withholding of any such votes; that I have not
made or become directly or indirectly interested in any bet or wager
depending upon the result of this school district election; and that I
have not been convicted of bribery or any infamous crime, or, if so
convicted, that I have been pardoned or restored to all the rights of a
citizen, without restriction as to the right of suffrage, or have
received a certificate of relief from disabilities or a certificate of
good conduct pursuant to article twenty-three of the correction law
removing my disability to vote.
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 [early mail] voter, I
shall be guilty of a misdemeanor.
Date .................. Signature of Voter .............................
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the envel-
ope must reach the office of the clerk of the school district or desig-
nee of the trustees or school board not later than five P.M. on the day
of the election in order that their vote may be canvassed.
d. A person who shall make any material false statement in the state-
ment of the [early mail] voter appearing on the reverse side of the
envelope as provided in this subdivision, shall be guilty of a misdemea-
nor.
§ 31. Subdivision 2 of section 84-a of the town law is amended by
adding a new paragraph a-1 to read as follows:
A-1. IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS
ENTITLED TO AN ABSENTEE BALLOT AS REQUIRED BY PARAGRAPH A OF THIS SUBDI-
VISION, THE APPLICATION SHALL BE PROCESSED AS AN APPLICATION FOR AN
EARLY MAIL BALLOT PURSUANT TO SECTION EIGHTY-FOUR-B OF THIS ARTICLE.
§ 32. Subdivision 3 of section 84-a of the town law, as added by chap-
ter 396 of the laws of 1988, is amended to read as follows:
3. If, upon examining the application required under the provisions
of subdivision two of this section, and upon such inquiry as it deems
proper, the board of inspectors shall be satisfied that the applicant is
a qualified voter of the town, and entitled to vote by absentee ballot,
such board of inspectors shall place [his] THEIR name upon a list, ther-
eupon the applicant shall be issued or mailed an absentee voter's ballot
and the town clerk shall make an appropriate entry on the list indicat-
ing that an absentee ballot has been applied for by, and issued to, the
applicant. PROVIDED, THAT AN APPLICATION FOR AN ABSENTEE BALLOT THAT
DOES NOT PROVIDE A REASON THAT THE APPLICANT IS ENTITLED TO SUCH A
BALLOT SHALL BE PROCESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT
PURSUANT TO PARAGRAPH A-1 OF SUBDIVISION TWO OF THIS SECTION AND SECTION
EIGHTY-FOUR-B OF THIS ARTICLE.
§ 33. Subdivision 5 of section 84-a of the town law, as added by chap-
ter 396 of the laws of 1988, paragraph b as amended by section 10 of
part LL of chapter 56 of the laws of 2010, is amended to read as
follows:
5. a. The board of registration shall enclose each absentee voter's
ballot in an envelope which shall be labelled:
ELECTION MATERIAL
S. 6995 17
PLEASE EXPEDITE
On one side of such envelope shall be printed:
OFFICIAL BALLOT[, ABSENTEE VOTER]
for
Special Town Election
Name of Voter.........................................
Residence (street and number, if any).................
Town of...............................................
County of.............................................
The date of the election and name of the town shall be printed, and
the name of the voter, residence and district shall be written in by the
town clerk.
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF [ABSENTEE] VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the special town election; that I will have been a resident of this
state and of the town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such date
will be, a registered voter of said town; [that I will be unable to
appear personally on the day of said special town election at the poll-
ing place of the election district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted] THAT THE INFORMATION CONTAINED ON MY APPLICATION FOR THIS BALLOT IS
TRUE AND CORRECT; that I have not qualified, or do I intend to vote,
elsewhere than as set forth on the reverse side of this envelope; that I
have not received or offered, do not expect to receive, have not paid,
offered or promised to pay, contributed, offered or promised to contrib-
ute to another to be paid or used, any money or other valuable thing, as
a compensation or reward for the giving or withholding of a vote at this
special town election, and have not made any promise to influence the
giving or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the
result of this special town election; and that I have not been convicted
of bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of relief from
disabilities or a certificate of good conduct pursuant to article twen-
ty-three of the correction law removing my disability to register and
vote.
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 [absentee] voter, I shall
be guilty of a misdemeanor.
Date.............. Signature of Voter..................
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the envel-
ope must reach the office of the town clerk not later than five P.M. on
the day of the election in order that [his] THEIR vote may be canvassed.
d. A person who shall make any material false statement in the state-
ment of [absentee] voter appearing on the reverse side of the envelope
as provided in this subdivision, shall be guilty of a misdemeanor.
S. 6995 18
§ 34. Subdivision 5 of section 84-b of the town law, as added by chap-
ter 481 of the laws of 2023, is amended to read as follows:
5. a. The board of registration shall enclose each early mail voter's
ballot in an envelope which shall be labelled:
ELECTION MATERIAL
PLEASE EXPEDITE
On one side of such envelope shall be printed:
OFFICIAL BALLOT[, EARLY MAIL VOTER]
for
Special Town Election
Name of Voter ................
Residence (street and number, if any) .......
Town of ....................
County of ...................
The date of the election and name of the town shall be printed, and
the name of the voter, residence and district shall be written in by the
town clerk.
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF [EARLY MAIL] VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the special town election; that I will have been a resident of this
state and of the town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such date
will be, a registered voter of said town; THAT THE INFORMATION CONTAINED
ON MY APPLICATION FOR THIS BALLOT IS TRUE AND CORRECT; that I have not
qualified, or do I intend to vote, elsewhere than as set forth on the
reverse side of this envelope; that I have not received or offered, do
not expect to receive, have not paid, offered or promised to pay,
contributed, offered or promised to contribute to another to be paid or
used, any money or other valuable thing, as a compensation or reward for
the giving or withholding of a vote at this special town election, and
have not made any promise to influence the giving or withholding of any
such votes; that I have not made or become directly or indirectly inter-
ested in any bet or wager depending upon the result of this special town
election; and that I have not been convicted of bribery or any infamous
crime, or, if so convicted, that I have been pardoned or restored to all
the rights of a citizen, without restriction as to the right of
suffrage, or received a certificate of relief from disabilities or a
certificate of good conduct pursuant to article twenty-three of the
correction law removing my disability to register and vote.
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 [early mail] voter, I
shall be guilty of a misdemeanor.
Date.... Signature of Voter....
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the envel-
ope must reach the office of the town clerk not later than five P.M. on
the day of the election in order that their vote may be canvassed.
S. 6995 19
d. A person who shall make any material false statement in the state-
ment of [early mail] voter appearing on the reverse side of the envelope
as provided in this subdivision, shall be guilty of a misdemeanor.
§ 35. This act shall take effect one year after it shall have become a
law.
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