STATE OF NEW YORK
________________________________________________________________________
997
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to providing absentee
ballots to all qualified voters; and to repeal certain provisions 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 Sections 8-400 and 8-402 of the election law are REPEALED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 find
10 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02251-01-5
A. 997 2
1 of the public health law, or a resident of a hospital or other facility
2 operated by the Veteran's Administration of the United States, such
3 absentee ballot need not be so mailed or delivered to any such applicant
4 but, may be delivered to the voter in the manner prescribed by section
5 8-407 of this chapter if such facility is located in the county or city
6 in which such voter is eligible to vote.] The board of elections for all
7 counties or cities shall mail an absentee ballot and a return postage
8 guaranteed envelope to every registered and qualified voter residing in
9 such county or city. Such absentee ballot shall be mailed to every
10 registered and qualified voter at the address given on such voter's
11 registration records, or at an address specified by such voter pursuant
12 to subdivision three of this section, no sooner than twenty days before
13 the scheduled election and no later than fourteen days before the sched-
14 uled election is to be held.
15 2. In the case of a primary election, the board of elections shall
16 deliver only the ballot of the party in which the records of the board
17 of elections show the absentee voter to be enrolled. In the event a
18 primary election is uncontested in the absentee voter's election
19 district for all offices or positions except the party position of
20 member of the ward, town, city or county committee, no ballot shall be
21 delivered to such absentee voter for such election; and the absentee
22 voter shall be advised why such absentee voter is not being sent a
23 ballot.
24 3. Any voter, upon application, may request that their absentee ballot
25 be mailed to them at an address other than their permanent address, if
26 he or she expects to be absent from the county or city of residence and
27 unable to obtain their absentee ballot.
28 4. Should a voter be unable to mail the completed and sealed ballot,
29 they may identify a single person to either mail the completed and
30 sealed ballot by United States Postal Service or bring the completed and
31 sealed ballot to the county board of elections on behalf of the voter.
32 This person must certify at the board of elections that they will not
33 handle any other ballots in that election.
34 [2.] 5. When mailing an absentee ballot to a voter the board of
35 elections shall provide a domestic postage paid return envelope. When
36 providing an absentee ballot to a voter in-person, the board of
37 elections shall offer the voter a domestic postage paid return envelope
38 and provide one if requested.
39 § 3. This act shall take effect immediately.
