STATE OF NEW YORK ________________________________________________________________________ 3243 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law, in relation to requirements for affi- davit ballots and absentee ballots The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 2-b of section 8-302 of the 2 election law, as amended by section 8 of part XX of chapter 55 of the 3 laws of 2019 and such subdivision as renumbered by chapter 763 of the 4 laws of 2021, is amended to read as follows: 5 (c) [If the voter does not produce an identification document listed 6 in paragraph (a) of this subdivision, the voter shall only be entitled 7 to vote by affidavit ballot unless a court order provides otherwise] A 8 voter voting by affidavit ballot shall be required to produce an iden- 9 tification document listed in paragraph (a) of this subdivision. If such 10 identification document is an identification document listed under 11 subparagraph (ii) of paragraph (a) of this subdivision, such document 12 shall have been issued or created not more than one hundred twenty days 13 prior to the election. If such identification document exists in elec- 14 tronic form, such voter shall produce a printed copy of such identifica- 15 tion document. 16 § 2. Subparagraph (ii) of paragraph (e) of subdivision 3 of section 17 8-302 of the election law, as separately amended by chapters 479 and 481 18 of the laws of 2023, is amended to read as follows: 19 (ii) They may swear to and subscribe an affidavit stating that they 20 have duly registered to vote, the address in such election district from 21 which they registered, that they remain a duly qualified voter in such 22 election district, that their registration poll record appears to be 23 lost or misplaced or that their name and/or their signature was omitted 24 from the computer generated registration list or such record indicates 25 the voter already voted when they did not do so or that they have moved EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04630-01-5
A. 3243 2 1 within New York state since they last registered, the address from which 2 they were previously registered and the address at which they currently 3 reside, and at a primary election, the party in which they are enrolled, 4 or that such voter is eligible to vote pursuant to section 8-604 of this 5 article. The inspectors of election shall offer such an affidavit to 6 each such voter whose residence address is in such election district, 7 after such voter has produced an identification document pursuant to 8 paragraph (c) of subdivision two-b of this section. Each such affidavit 9 shall be in a form prescribed by the state board of elections, shall be 10 printed on an envelope of the size and quality used for an early mail 11 ballot envelope, and shall contain an acknowledgment that the affiant 12 understands that any false statement made therein is perjury punishable 13 according to law. Such form prescribed by the state board of elections 14 shall request information required to register such voter should the 15 county board determine that such voter is not yet registered and shall 16 constitute an application to register to vote. The voter's name and the 17 entries required shall then be entered without delay and without further 18 inquiry in the fourth section of the challenge report or in the place 19 provided in the computer generated registration list, with the notation 20 that the voter has executed the affidavit hereinabove prescribed, or, if 21 such person's name appears in such registration list, the board of 22 elections may provide a place to make such entry next to their name in 23 such list. The voter shall then, without further inquiry, be permitted 24 to vote an affidavit ballot provided for by this chapter. Such ballot 25 shall thereupon be placed in the envelope containing their affidavit, 26 and the envelope sealed and returned to the board of elections in the 27 manner provided by this chapter for protested official ballots, includ- 28 ing a statement of the number of such ballots. If a voter registration 29 application for a voter who casts an affidavit ballot pursuant to this 30 subparagraph was received by a board of elections by the tenth day prior 31 to the election, the board shall cast and count an affidavit ballot from 32 such voter, if otherwise valid, notwithstanding the fact that the 33 voter's name was omitted from a registration poll record or list of 34 registered voters. 35 § 3. Subdivision 1 of section 8-412 of the election law, as amended by 36 chapter 500 of the laws of 2024, is amended to read as follows: 37 1. The board of elections shall cause all absentee ballots received by 38 it before the close of the polls on election day and all ballots 39 contained in envelopes showing a cancellation mark of the United States 40 postal service or a foreign country's postal service, or showing a dated 41 endorsement of receipt by another agency of the United States govern- 42 ment, with a date which is ascertained to be not later than the first 43 day of early voting for the election and received by such board of 44 elections not later than seven days following the day of election to be 45 cast and counted except that the absentee ballot of a voter who 46 requested such ballot by letter, rather than application, shall not be 47 counted unless a valid application form, signed by such voter, is 48 received by the board of elections with such ballot. For purposes of 49 this section, any absentee ballot received by the board of elections by 50 mail that does not bear or display a dated postmark shall be presumed to 51 have been timely mailed or delivered if such ballot bears a time stamp 52 of the receiving board of elections indicating receipt by such board on 53 the day [after] of the election. For the purposes of this section, an 54 absentee ballot shall be deemed to be received by the board of elections 55 before the close of the polls on election day if it is deposited in an 56 absentee ballot drop box before the close of polls on election day.
A. 3243 3 1 Ballots received in accordance with this section shall be deemed timely 2 and the failure of a board of elections to time stamp such ballots 3 received in this manner on or before election day shall not prohibit the 4 canvassing of such ballots. At the close of the polls on election day, 5 the board of elections shall close every absentee ballot drop box and 6 collect absentee ballots deposited in such absentee ballot drop box. 7 § 4. This act shall take effect immediately.