STATE OF NEW YORK ________________________________________________________________________ 1543 2025-2026 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Sections 8-400 and 8-402 of the election law are REPEALED 2 and a new section 8-400 is added to read as follows: 3 § 8-400. Absentee voting. Notwithstanding any provision of law to the 4 contrary, a qualified voter may vote as an absentee voter under this 5 chapter. 6 § 2. Section 8-406 of the election law, as amended by section 2 of 7 part HH of chapter 55 of the laws of 2022, is amended to read as 8 follows: 9 § 8-406. Absentee ballots[,]; delivery of. [1. If the board shall 10 find that the applicant is a qualified voter of the election district 11 containing his residence as stated in his statement and that his state- 12 ment is sufficient, it shall, as soon as practicable after it shall have 13 determined his right thereto, mail to him at an address designated by 14 him, or deliver to him, or to any person designated for such purpose in 15 writing by him, at the office of the board, such an absentee voter's 16 ballot or set of ballots and an envelope therefor. If the ballot or 17 ballots are to be sent outside of the United States to a country other 18 than Canada or Mexico, such ballot or ballots shall be sent by air mail. 19 However, if an applicant who is eligible for an absentee ballot is a 20 resident of a facility operated or licensed by, or under the jurisdic- 21 tion of, the department of mental hygiene, or a resident of a facility 22 defined as a nursing home or residential health care facility pursuant 23 to subdivisions two and three of section two thousand eight hundred one 24 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 1 operated by the Veteran's Administration of the United States, such 2 absentee ballot need not be so mailed or delivered to any such applicant 3 but, may be delivered to the voter in the manner prescribed by section 4 8-407 of this chapter if such facility is located in the county or city 5 in which such voter is eligible to vote. 6 2. When mailing an absentee ballot to a voter the board of elections 7 shall provide a domestic postage paid return envelope. When providing an 8 absentee ballot to a voter in-person, the board of elections shall offer 9 the voter a domestic postage paid return envelope and provide one if 10 requested.] 1. The board of elections for all counties or cities shall 11 mail an absentee ballot and a return postage guaranteed envelope to 12 every registered and qualified voter residing in such county or city. 13 Such absentee ballot shall be mailed to every registered and qualified 14 voter at the address given on such voter's registration records, or at 15 an address specified by such voter pursuant to subdivision three of this 16 section, no later than thirty days before the scheduled election is to 17 be held. 18 2. In the case of a primary election, the board of elections shall 19 deliver only the ballot of the party in which the records of the board 20 of elections show the absentee voter to be enrolled. In the event a 21 primary election is uncontested in the absentee voter's election 22 district for all offices or positions except the party position of 23 member of the ward, town, city or county committee, no ballot shall be 24 delivered to such absentee voter for such election; and the absentee 25 voter shall be advised why such absentee voter is not being sent a 26 ballot. 27 3. Any voter, upon application, may request that their absentee ballot 28 be mailed to them at an address other than their permanent address, if 29 such voter expects to be absent from the county or city of residence and 30 unable to obtain their absentee ballot. 31 § 3. This act shall take effect immediately.