Amd El L, generally; amd §§2018-a, 2018-b, 2018-e & 2018-f, Ed L; amd §§84-a & 84-b, Town L
Amends early voting provisions; provides 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.
STATE OF NEW YORK
________________________________________________________________________
6995
2025-2026 Regular Sessions
IN SENATE
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:
1 Section 1. Subdivisions 3, 6 and 8 of section 7-119 of the election
2 law, as added by chapter 481 of the laws of 2023, are amended to read as
3 follows:
4 3. There shall be three envelopes for each early mail ballot issued by
5 mail: the inner affirmation envelope into which a voter places their
6 voted ballot, the outer envelope which shall be addressed to the early
7 mail voter, and the mailing envelope which is addressed to the county
8 board of elections. The board of elections shall furnish with each early
9 mail ballot an inner affirmation envelope. On one side of the envelope
10 shall be printed:
11 OFFICIAL [EARLY MAIL] BALLOT
12 for
13 GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
14 ..........., 20.......
15 Name of voter ..................
16 Residence (street and number if any) ..............
17 City/or town of (village, if any) .................
18 County of ...............................
19 Assembly District ......................
20 Legislative District (as applicable) ..........
21 Ward (as applicable) .....................
22 Election District ....................
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11360-02-5
S. 6995 2
1 Party Enrollment (in case of primary election) ....................
2 6. On the reverse side of such inner affirmation envelope shall be
3 printed the following statement:
4 AFFIRMATION
5 I do declare that I am a citizen of the United States, that I am duly
6 registered in the election district shown on the reverse side of this
7 envelope and I am qualified to vote in such district; that the informa-
8 tion contained on my application for this ballot is true and correct;
9 that I have not qualified nor do I intend to vote elsewhere, that I have
10 not committed any act nor am I under any impediment which denies me the
11 right to vote.
12 I hereby declare that the foregoing is a true statement to the best of
13 my knowledge and belief, and I understand that if I make any material
14 false statement in the foregoing [statement of early mail voter] affir-
15 mation, I shall be guilty of a misdemeanor.
16 Date ............... 20 ................
17 ..........................
18 Signature or mark of voter
19 ..........................
20 Signature of Witness
21 (required only if voter
22 does not sign
23 their own name)
24 ..........................
25 Address of Witness
26 8. Each inner affirmation ballot envelope shall be enclosed in an
27 outer envelope addressed to the appropriate board of elections and bear-
28 ing on it a specific direction that if an original application for an
29 early mail or absentee ballot is received with the ballot, such applica-
30 tion must be completed by the voter and returned in the outer envelope
31 together with the sealed inner affirmation envelope containing the
32 corresponding early mail or absentee ballot within the time limits for
33 receipt of the early mail ballot itself. Such inner affirmation envelope
34 and outer envelope shall be enclosed in the third envelope addressed to
35 the [early mail] voter. The outer and third envelopes shall have printed
36 on the face thereof the words "Election Material--Please Expedite".
37 § 2. Subdivisions 3, 6 and 8 of section 7-122 of the election law, as
38 amended by chapter 411 of the laws of 2019, are amended to read as
39 follows:
40 3. There shall be three envelopes for each absentee ballot issued by
41 mail: the inner affirmation envelope into which a voter places [his or
42 her] their voted ballot, the outer envelope which shall be addressed to
43 the absentee voter, and the mailing envelope which is addressed to the
44 county board of elections. The board of elections shall furnish with
45 each absentee ballot an inner affirmation envelope. On one side of the
46 envelope shall be printed:
S. 6995 3
1 OFFICIAL [ABSENTEE] BALLOT
2 for
3 GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
4 ........., 20.....
5 Name of voter.........................................
6 Residence (street and number if any)..................
7 City/or town of.......(village, if any)...............
8 County of.............................................
9 Assembly district ....................................
10 Legislative District (as applicable) .................
11 Ward (as applicable) .................................
12 Election District.....................................
13 Party Enrollment (in case of primary election)........
14 6. On the reverse side of such inner affirmation envelope shall be
15 printed the following statement:
16 AFFIRMATION
17 I do declare that I am a citizen of the United States, that I am duly
18 registered in the election district shown on the reverse side of this
19 envelope and I am qualified to vote in such district; [that I will be
20 unable to appear personally on the day of the election for which this
21 ballot is voted at the polling place of the election district in which I
22 am a qualified voter because of the reason given on my application here-
23 tofore submitted] that the information contained on my application for
24 this ballot is true and correct; that I have not qualified nor do I
25 intend to vote elsewhere, that I have not committed any act nor am I
26 under any impediment which denies me the right to vote.
27 I hereby declare that the foregoing is a true statement to the best of
28 my knowledge and belief, and I understand that if I make any material
29 false statement in the foregoing [statement of absentee voter] affirma-
30 tion, I shall be guilty of a misdemeanor.
31 Date ............... 20 ................
32 ..........................
33 Signature or mark of voter
34 ..........................
35 Signature of Witness
36 (required only if voter
37 does not sign [his or her]
38 their own name)
39 ..........................
40 Address of Witness
41 8. Each inner affirmation ballot envelope shall be enclosed in an
42 outer envelope addressed to the appropriate board of elections and bear-
43 ing on it a specific direction that if an original application for an
44 early mail or an absentee ballot is received with the ballot, such
45 application must be completed by the voter and returned in the outer
46 envelope together with the sealed inner affirmation envelope containing
47 the corresponding early mail or absentee ballot within the time limits
48 for receipt of the early mail or absentee ballot itself. Such inner
49 affirmation envelope and outer envelope shall be enclosed in the third
S. 6995 4
1 envelope addressed to the [absentee] voter. The outer and third envel-
2 opes shall have printed on the face thereof the words "Election Materi-
3 al--Please Expedite".
4 § 3. Subdivision 3 of section 8-400 of the election law is amended by
5 adding a new paragraph (c-1) to read as follows:
6 (c-1) If the applicant does not provide a reason that the applicant
7 is entitled to an absentee ballot as required by paragraph (c) of this
8 subdivision, the application shall be processed as an application for an
9 early mail ballot pursuant to section 8-702 of this article.
10 § 4. Subdivision 4 of section 8-400 of the election law, as amended by
11 chapter 63 of the laws of 2010, is amended to read as follows:
12 4. A voter who claims permanent illness or physical disability may
13 make application for an absentee ballot and the right to receive an
14 absentee ballot for each election thereafter as provided herein without
15 further application, by filing with the board of elections an applica-
16 tion which shall contain a statement to be executed by the voter. Upon
17 filing of such application the board of elections shall cause the regis-
18 tration records of the voter to be marked "Permanently Disabled" and
19 thereafter shall send an absentee ballot for each succeeding primary,
20 special or general election to such voter at [his or her] their last
21 known address by first class mail with a request to the postal authori-
22 ties not to forward such ballot but to return it in five days in the
23 event that it cannot be delivered to the addressee. The mailing of such
24 ballot for each election shall continue until such voter's registration
25 is cancelled or inactivated.
26 § 5. Subdivision 10 of section 8-400 of the election law, as amended
27 by chapter 373 of the laws of 1986 and as renumbered by chapter 40 of
28 the laws of 2009, is amended to read as follows:
29 10. The state board of elections shall prescribe a standard applica-
30 tion form for use under this section. The standard application form
31 shall indicate that if the applicant does not provide a reason that the
32 applicant is entitled to an absentee ballot, the application will be
33 processed as an application for an early mail ballot, and the applicant
34 will be sent an early mail ballot if otherwise eligible. The use of any
35 application form which substantially complies with the provisions of
36 this section shall be acceptable and any application filed on such a
37 form shall be accepted for filing.
38 § 6. Subdivision 1 of section 8-402 of the election law, as amended by
39 chapter 666 of the laws of 1980, is amended to read as follows:
40 1. Upon receipt of an application for an absentee ballot the board of
41 elections shall forthwith determine upon such inquiry as it deems proper
42 whether the applicant is qualified to vote and to receive an absentee
43 ballot, and if it finds the applicant is not so qualified it shall
44 reject the application after investigation as hereinafter provided.
45 Provided that, an application for an absentee ballot that does not
46 provide a reason that the applicant is entitled to such a ballot shall
47 be processed as an application for an early mail ballot pursuant to
48 paragraph (c-1) of subdivision three of section 8-400 of this title and
49 section 8-702 of this article.
50 § 7. Subdivision 5 of section 8-402 of the election law is amended to
51 read as follows:
52 5. If the board shall determine that the applicant is not entitled to
53 an absentee ballot it shall immediately notify the applicant, giving
54 [him] the applicant the reason for such rejection. Provided that no
55 notification of rejection is necessary if the application is processed
S. 6995 5
1 as an application for an early mail ballot pursuant to subdivision one
2 of this section.
3 § 8. Subdivision 5 of section 8-700 of the election law, as added by
4 chapter 481 of the laws of 2023, is amended to read as follows:
5 5. The application for an early mail ballot shall also provide the
6 applicant the opportunity to request to receive an early mail ballot for
7 all remaining elections in the [calendar year] election cycle in which
8 the applicant is eligible to vote. If an applicant indicates in the
9 application for an early mail ballot that they wish to receive an early
10 mail ballot for all remaining elections in the [calendar year] election
11 cycle, upon filing of such application, the board of elections shall
12 indicate such request in the voter's registration record. When early
13 mail ballots are mailed for subsequent elections in the [calendar year]
14 election cycle in which the voter is eligible to vote, the board of
15 elections shall mail an early mail ballot to the voter at their last
16 known address by first class mail with a request to the postal authori-
17 ties not to forward such ballot but to return it in five days in the
18 event that it cannot be delivered to the addressee. However, the board
19 shall not be required to mail an early mail ballot pursuant to this
20 section if the voter's registration has been canceled or inactivated
21 since the filing of such application. For purposes of this section,
22 "election cycle" means the two-year period beginning on January first in
23 an odd-numbered year and ending on December thirty-first in the subse-
24 quent even-numbered year.
25 § 9. Subdivision 2 of section 8-702 of the election law, as added by
26 chapter 481 of the laws of 2023, is amended to read as follows:
27 2. If the board of elections determines that the applicant is not a
28 registered voter of the county or city at the address listed in the
29 application pursuant to subdivision one of this section or the applicant
30 is not eligible to vote in [all] one or more of the elections for which
31 the application is filed, the board of elections shall immediately noti-
32 fy the applicant of the rejection of the application to vote early by
33 mail and provide the reason for such rejection.
34 § 10. Subdivision 2 of section 10-106 of the election law, as amended
35 by chapter 91 of the laws of 1992, is amended to read as follows:
36 2. Such board of elections shall cause such military voter to be
37 registered in the manner provided by this chapter, and in the space
38 designated "other remarks" shall be entered the military address of such
39 voter or such military address shall be entered into the computer files
40 from which the computer generated registration list is prepared. Such
41 registration poll records shall be stamped or marked conspicuously with
42 the legend "Military Voter" or the records of such military voters in
43 such computer files shall be coded in a manner which distinguishes such
44 voters from the other voters in such files. The foregoing provisions of
45 this subdivision as to entry of the military address may be altered by
46 the state board of elections to such extent as may be necessary to the
47 security and safety of the United States. A military voter shall not be
48 required to register personally and an application for a military ballot
49 may be submitted by mail, facsimile transmission, electronic mail, or
50 other electronic method established by the state board of elections. An
51 application for a military ballot shall constitute permanent personal
52 registration and a military voter shall be deemed registered under the
53 rules and regulations prevailing under permanent personal registration
54 upon the filing of [his] their application and the entering of [his]
55 their name in the appropriate registration records.
S. 6995 6
1 § 11. Subdivision 2 of section 10-107 of the election law, as added by
2 chapter 104 of the laws of 2010, is amended to read as follows:
3 2. Irrespective of the preferred method of transmission designated by
4 a military voter, a military voter's [original completed voter registra-
5 tion application, military ballot application and] military ballot must
6 be returned by mail or in person [notwithstanding that a prior copy was
7 sent to the board of elections by facsimile transmission or electronic
8 mail].
9 § 12. Paragraph (a) of subdivision 1 of section 10-108 of the election
10 law, as amended by chapter 164 of the laws of 2022, is amended to read
11 as follows:
12 (a) Ballots for military voters shall be mailed or otherwise distrib-
13 uted by the board of elections, in accordance with the preferred method
14 of transmission designated by the voter pursuant to section 10-107 of
15 this article, as soon as practicable but in any event not later than
16 forty-six days before a primary or general election; twenty-five days
17 before a New York city community school board district or city of
18 Buffalo school district election; fourteen days before a village
19 election conducted by the board of elections; forty-five days before a
20 special election; and twenty-three days before a special election held
21 pursuant to paragraph b of subdivision three of section forty-two of the
22 public officers law. A voter who submits a military ballot application
23 shall be entitled to a military ballot thereafter for each subsequent
24 election [through and including the next two regularly scheduled general
25 elections held in even numbered years, including any run-offs which may
26 occur] unless the voter's registration is cancelled or placed in inac-
27 tive status, the voter ceases to meet the qualifications to vote a mili-
28 tary ballot, or the voter requests otherwise, whichever occurs first;
29 provided, however, such application shall not be valid for any election
30 held within seven days after its receipt. Ballots shall also be mailed
31 to any qualified military voter who is already registered and who
32 requests such military ballot from such board of elections in a letter,
33 which is signed by the voter and received by the board of elections not
34 later than the seventh day before the election for which the ballot is
35 requested and which states the address where the voter is registered and
36 the address to which the ballot is to be mailed. The board of elections
37 shall enclose with such ballot a form of application for military
38 ballot. In the case of a primary election, the board shall deliver only
39 the ballot of the party with which the military voter is enrolled
40 according to the military voter's registration records. In the event a
41 primary election is uncontested in the military voter's election
42 district for all offices or positions except the party position of
43 member of the ward, town, city or county committee, no ballot shall be
44 delivered to such military voter for such election; and the military
45 voter shall be advised of the reason why [he or she] they will not
46 receive a ballot.
47 § 13. Subdivision 2 of section 10-109 of the election law, as amended
48 by chapter 200 of the laws of 1996, is amended to read as follows:
49 2. If any ballot, application form or other mail sent to a military
50 voter at [his] their military address by the board of elections is
51 returned by the post office as undeliverable, the board of elections
52 shall ascertain whether the military voter is residing at the address
53 given on [his] their registration records as [his] their permanent
54 address. If [he] such military voter is residing at such address, the
55 board shall not send [him] them any further military ballots unless [he]
56 such military voter applies for them in the regular way, giving a new
S. 6995 7
1 military address. If such military voter is not residing at such perma-
2 nent address, the board of elections shall send a confirmation notice to
3 such military voter at [his] their last military address pursuant to the
4 provisions of section 5-712 of this chapter and shall place the regis-
5 tration of such voter in inactive status. However, if such a voter noti-
6 fies the board of elections that [he has] they have moved to a new mili-
7 tary address, the board shall restore the registration of such voter to
8 active status in the manner prescribed by section 5-213 of this chapter
9 and the voter shall continue to receive a ballot for elections in which
10 the voter is entitled to vote pursuant to paragraph (a) of subdivision
11 one of section 10-108 of this article.
12 § 14. Paragraphs a and b of subdivision 1 of section 11-202 of the
13 election law, paragraph a as amended by chapter 113 of the laws of 2023,
14 paragraph b as amended by chapter 262 of the laws of 2003, are amended
15 to read as follows:
16 a. A person, who, pursuant to this title, is qualified to vote as a
17 special federal voter may, by application received by the state board of
18 elections or any local board of elections on or before the tenth day
19 next preceding any election in which such person would be entitled to
20 vote or the last day of local registration for such election, whichever
21 is later, apply to the board of elections of the county in which they
22 resided in person or by personal application by mail, facsimile trans-
23 mission, electronic mail, or other electronic method established by the
24 state board of elections, for registration and enrollment as a special
25 federal voter. An application for registration and enrollment pursuant
26 to this article shall be treated as an application for a special federal
27 ballot for every election in which the applicant would be eligible to
28 vote [which is held through and including the next two regularly sched-
29 uled general elections held in even numbered years, including any run-
30 offs which may occur] and shall remain in effect unless the special
31 federal voter's registration is cancelled or inactivated, the voter
32 ceases to meet the qualifications to vote as a special federal voter, or
33 the voter requests otherwise, whichever occurs first.
34 b. A person who, pursuant to the provisions of this title, is already
35 registered as a special federal voter, may, by application received by
36 the state board of elections or any local board of elections, apply to
37 the board of elections of the county in which [he is] they are so regis-
38 tered in person or by mail, facsimile transmission, electronic mail, or
39 other electronic method established by the state board of elections, for
40 a special federal ballot. Such an application shall entitle such a voter
41 to receive a ballot for every election in which such voter is entitled
42 to vote [which is held through and including the next two regularly
43 scheduled general elections held in even numbered years, including any
44 run-offs which may occur] and shall remain in effect unless the special
45 federal voter's registration is cancelled or placed in inactive status,
46 the voter ceases to meet the qualifications to vote as a special federal
47 voter, or the voter requests otherwise, whichever occurs first,
48 provided, however, such application shall not apply to any election held
49 on or before the seventh day after receipt of such application.
50 § 15. Subdivision 2 of section 11-203 of the election law, as added by
51 chapter 104 of the laws of 2010, is amended to read as follows:
52 2. Irrespective of the preferred method of transmission designated by
53 a special federal voter, a special federal voter's [original completed
54 voter registration application, special federal ballot application and]
55 special federal ballot must be returned by mail or in person [notwith-
S. 6995 8
1 standing that a prior copy was sent to the board of elections by facsim-
2 ile transmission or electronic mail].
3 § 16. Subdivisions 1 and 2 of section 11-208 of the election law, as
4 amended by chapter 200 of the laws of 1996, are amended to read as
5 follows:
6 1. Voters registered pursuant to this title shall be eligible to vote
7 in every election in which special federal voters are eligible to vote
8 which is held on or after the [thirtieth] tenth day after receipt of
9 their applications for such registration.
10 2. If any ballot, application form or other mail sent to a special
11 federal voter at [his] their address outside the United States by such
12 board is returned by the post office as undeliverable, the board of
13 elections shall send a confirmation notice to such special federal voter
14 at such address pursuant to the provisions of section 5-712 of this
15 chapter and shall place the registration of such voter in inactive
16 status. If the board of elections subsequently receives notice of a new
17 address outside the United States for such voter, or notice that the
18 voter is still at the same address outside the United States, the board
19 shall restore the registration of such voter to active status in the
20 manner prescribed by section 5-213 of this chapter and the voter shall
21 continue to receive a ballot for elections in which the voter is enti-
22 tled to vote pursuant to paragraph b of subdivision one of section
23 11-202 of this article.
24 § 17. Subdivisions 1 and 2 of section 11-210 of the election law, as
25 amended by chapter 262 of the laws of 2003, are amended to read as
26 follows:
27 1. Not earlier than sixty or later than forty days before each general
28 or primary election in which special federal voters are eligible to
29 vote, the board of elections shall mail to each voter who is eligible to
30 vote in such election and who was registered pursuant to this title for
31 the previous election at which such voters were eligible to vote, the
32 application for a special federal ballot provided for by this title;
33 provided, however, the board of elections shall not send such an appli-
34 cation to any person who [has applied for a ballot and who] is already
35 entitled to receive a ballot for such election.
36 2. If a special election for representative in congress is called by
37 proclamation of the governor, such an application shall be mailed to
38 each voter registered pursuant to this title, who is eligible to vote in
39 such special election, not later than three days after the issuance of
40 the proclamation for such special election; provided, however, the board
41 of elections shall not send such an application to any person who [has
42 applied for a ballot and who] is already entitled to receive a ballot
43 for such election.
44 § 18. Subdivision 4 of section 15-119 of the election law, as added by
45 chapter 481 of the laws of 2023, is amended to read as follows:
46 4. The application for an early mail ballot when filed must contain in
47 each instance the following information:
48 (a) Applicant's full name, date of birth, and residence address,
49 including the street and number, if any, rural delivery route, if any,
50 mailing address if different from the residence address and their
51 village and an address to which the ballot shall be mailed.
52 (b) A statement that the applicant is a registered voter.
53 (c) Such application shall permit the applicant to apply for an early
54 mail ballot for a single election or for all remaining elections in the
55 [calendar year] election cycle for which the voter is eligible to vote.
56 For purposes of this section, "election cycle" means the two-year period
S. 6995 9
1 beginning on January first in an odd-numbered year and ending on Decem-
2 ber thirty-first in the subsequent even-numbered year.
3 § 19. Subdivision 4 of section 15-120 of the election law is amended
4 by adding a new paragraph (c-1) to read as follows:
5 (c-1) If the applicant does not provide a reason that the applicant is
6 entitled to an absentee ballot as required by paragraph (c) of this
7 subdivision, the application shall be processed as an application for an
8 early mail ballot pursuant to section 15-119 of this article.
9 § 20. Subdivision 5 of section 15-120 of the election law, as amended
10 by chapter 289 of the laws of 2014, is amended to read as follows:
11 5. An application must be received by the village clerk no earlier
12 than four months before the election for which an absentee ballot is
13 sought. If the application requests that the absentee ballot be mailed,
14 such application must be received not later than seven days before the
15 election. If the applicant or [his or her] their agent delivers the
16 application to the village clerk in person, such application must be
17 received not later than the day before the election. The village clerk
18 shall examine each application and shall determine from the information
19 contained therein whether the applicant is qualified under this section
20 to receive an absentee ballot. Provided that, an application for an
21 absentee ballot that does not provide a reason that the applicant is
22 entitled to such a ballot shall be processed as an application for an
23 early mail ballot pursuant to paragraph (c-1) of subdivision four of
24 this section and section 15-119 of this article. The clerk in making
25 such decision shall not determine whether the applicant is a qualified
26 elector, said determination being reserved to the inspectors of election
27 as is hereinafter provided in subdivision nine of this section.
28 § 21. Subdivision 6 of section 15-122 of the election law, as amended
29 by chapter 84 of the laws of 1986, is amended to read as follows:
30 6. Printed forms containing the application for the absentee ballot,
31 in accordance with the requirements of this section, shall be in the
32 form prescribed by the state board of elections and shall be provided by
33 the village clerk and shall be available at the office of the clerk.
34 Application forms for absentee ballots for use pursuant to this section
35 shall be furnished by the village clerk upon request of the person
36 authorized to vote under this section or by any such person's spouse,
37 parent, child, authorized agent or any nurse charged with the care of
38 such person. The printed form shall indicate that if the applicant does
39 not provide a reason that the applicant is entitled to an absentee
40 ballot, the application will be processed as an application for an early
41 mail ballot, and the applicant will be sent an early mail ballot if
42 otherwise eligible. The standard application form shall indicate that if
43 the applicant does not provide a reason that the applicant is entitled
44 to an absentee ballot, the application will be processed as an applica-
45 tion for an early mail ballot, and the applicant will be sent an early
46 mail ballot if otherwise eligible.
47 § 22. Section 17-132 of the election law is amended by adding a second
48 closing paragraph to read as follows:
49 Provided, further, that a person whose absentee ballot application is
50 processed as an early mail ballot application pursuant to section 8-402
51 or section 15-120 of this chapter is not subject to penalty under subdi-
52 vision seven of this section for attempting to vote as an absentee
53 voter.
54 § 23. Paragraph b of subdivision 2 of section 2018-a of the education
55 law, as added by chapter 616 of the laws of 2019, is amended and a new
56 paragraph c-1 is added to read as follows:
S. 6995 10
1 b. Each person entitled to vote as an absentee voter pursuant to this
2 section and desirous of obtaining an absentee ballot shall make written
3 application therefor to the district clerk. Application forms for use
4 pursuant to this section shall be in a form prescribed by the state
5 board of elections. The standard application form shall indicate that
6 if the applicant does not provide a reason that the applicant is enti-
7 tled to an absentee ballot, the application will be processed as an
8 application for an early mail ballot pursuant to paragraph c-1 of this
9 subdivision, and the applicant will be sent an early mail ballot if
10 otherwise eligible. The use of any application which is on a form
11 prescribed by the state board of elections shall be acceptable.
12 c-1. If the applicant does not provide a reason that the applicant is
13 entitled to an absentee ballot pursuant to paragraph c of this subdivi-
14 sion, the application shall be processed as an application for an early
15 mail ballot pursuant to section two thousand eighteen-e of this part.
16 § 24. Subdivision 3 of section 2018-a of the education law, as added
17 by chapter 219 of the laws of 1978, is amended to read as follows:
18 3. If, upon examining the application required under the provisions of
19 subdivision two of this section, and upon such inquiry as it deems prop-
20 er, the board of registration shall be satisfied that the applicant is a
21 qualified voter of the district, and entitled to vote by absentee
22 ballot, such board shall place [his] their name upon the register, ther-
23 eupon the applicant shall be issued or mailed an absentee voter's ballot
24 and the board of registration shall make an appropriate entry on the
25 register indicating that an absentee ballot has been applied for by, and
26 issued to, the applicant. Provided, that an application for an absentee
27 ballot that does not provide a reason that the applicant is entitled to
28 such a ballot pursuant to paragraph c of subdivision two of this section
29 shall be processed as an application for an early mail ballot pursuant
30 to section two thousand eighteen-e of this part.
31 § 25. Subdivision 5 of section 2018-a of the education law, as added
32 by chapter 219 of the laws of 1978, paragraph a as amended by chapter
33 375 of the laws of 1984, paragraph b as amended by section 8 of part LL
34 of chapter 56 of the laws of 2010, is amended to read as follows:
35 5. a. The board of registration shall enclose each absentee voter's
36 ballot in an envelope which shall be labelled:
37 ELECTION MATERIAL
38 PLEASE EXPEDITE
39 On one side of such envelope shall be printed:
40 OFFICIAL BALLOT[, ABSENTEE VOTER]
41 for
42 School District Election
43 Name of Voter .......................................
44 Residence (street and number, if any) ...............
45 City (or Town) of ...................................
46 County of ...........................................
47 School district .....................................
S. 6995 11
1 School Election District (if applicable) ............
2 The date of the election and name of the school district shall be
3 printed, and the name of the voter, residence, school district and
4 school election district (if applicable) shall be written in by the
5 board of registration.
6 b. On the reverse side of such envelope shall be printed the following
7 statement:
8 STATEMENT OF [ABSENTEE] VOTER
9 I do declare that I am a citizen of the United States, and will be at
10 least eighteen years of age, on the date of the school district
11 election; that I will have been a resident of this state and of the
12 school district and school election district, if any, shown on the
13 reverse side of this envelope for thirty days next preceding the said
14 election and duly registered in the school district and school election
15 district, if any, shown on the reverse side of this envelope and that I
16 am or on such date will be, a qualified voter of said school district;
17 [that I will be unable to appear personally on the day of said school
18 district election at the polling place of the said district in which I
19 am or will be a qualified voter because of the reason stated on my
20 application heretofore submitted] that the information contained on my
21 application for this ballot is true and correct; that I have not quali-
22 fied, or do I intend to vote, elsewhere than as set forth on the reverse
23 side of this envelope; that I have not received or offered, do not
24 expect to receive, have not paid, offered or promised to pay, contrib-
25 uted, offered or promised to contribute to another to be paid or used,
26 any money or other valuable thing, as a compensation or reward for the
27 giving or withholding of a vote at this school district election, and
28 have not made any promise to influence the giving or withholding of any
29 such votes; that I have not made or become directly or indirectly inter-
30 ested in any bet or wager depending upon the result of this school
31 district election; and that I have not been convicted of bribery or any
32 infamous crime, or, if so convicted, that I have been pardoned or
33 restored to all the rights of a citizen, without restriction as to the
34 right of suffrage, or received a certificate of relief from disabilities
35 or a certificate of good conduct pursuant to article twenty-three of the
36 correction law removing my disability to register and vote.
37 I hereby declare that the foregoing is a true statement to the best of
38 my knowledge and belief, and I understand that if I make any material
39 false statement in the foregoing statement of [absentee] voter, I shall
40 be guilty of a misdemeanor.
41 Date.....................Signature of Voter ..........................
42 c. The envelope shall be gummed, ready for sealing, and shall have
43 printed thereon, on the side opposite the statement, instructions as to
44 the duties of the voter after the marking of the ballot, which
45 instructions shall include a specific direction stating that the envel-
46 ope must reach the office of the clerk of the school district not later
47 than five P.M. on the day of the election in order that [his] their vote
48 may be canvassed.
49 d. A person who shall make any material false statement in the state-
50 ment of [absentee] voter appearing on the reverse side of the envelope
51 as provided in this subdivision, shall be guilty of a misdemeanor.
S. 6995 12
1 § 26. Paragraph a of subdivision 2 of section 2018-b of the education
2 law, as amended by chapter 46 of the laws of 1992, is amended to read as
3 follows:
4 a. An applicant for such an absentee ballot shall submit an applica-
5 tion setting forth (1) [his] their name and residence address, including
6 the street and number, if any, or town and rural delivery route, if any;
7 (2) that [he] such applicant is or will be, on the day of the school
8 district election, a qualified voter of the school district in which [he
9 resides] they reside in that [he is] they are or will be, on such date,
10 over eighteen years of age, a citizen of the United States and has or
11 will have resided in the district for thirty days next preceding such
12 date; (3) that [he] they will be unable to appear to vote in person on
13 the day of the school district election for which the absentee ballot is
14 requested because [he is] they are, or will be on such day (a) a patient
15 in a hospital, or unable to appear personally at the polling place on
16 such day because of illness or physical disability or (b) because [his]
17 their duties, occupation, business, or studies will require [him] them
18 to be outside of the county or city of [his] their residence on such
19 day, (c) because [he] they will be on vacation outside the county or
20 city of [his] their residence on such day; or, (d) absent from [his]
21 their voting residence because [he is] they are detained in jail await-
22 ing action by a grand jury or awaiting trial or [is] are confined in
23 prison after conviction for an offense other than a felony. Such appli-
24 cation must be received by the district clerk or designee of the trus-
25 tees or school board at least seven days before the election if the
26 ballot is to be mailed to the voter, or the day before the election, if
27 the ballot is to be delivered personally to the voter. Provided that,
28 if the applicant does not provide a reason that the applicant is enti-
29 tled to an absentee ballot pursuant to this subdivision, the application
30 shall be processed as an application for an early mail ballot pursuant
31 to section two thousand eighteen-f of this part.
32 § 27. Subdivision 3 of section 2018-b of the education law, as amended
33 by chapter 481 of the laws of 2023, is amended to read as follows:
34 3. If, upon examining the application required under the provisions of
35 subdivision two of this section, and upon such inquiry as it deems prop-
36 er, the clerk of the school district or designee of the trustees or
37 school board shall be satisfied that the applicant is a qualified voter
38 of the district, and entitled to vote by absentee ballot, such clerk of
39 the school district or designee of the trustees or school board shall
40 cause to be issued or mailed to the applicant an absentee voter's ballot
41 and the clerk of the school district or designee of the trustees or
42 school board shall make an appropriate entry on the poll list pursuant
43 to section two thousand twenty-nine of this part. Provided that, an
44 application for an absentee ballot that does not provide a reason that
45 the applicant is entitled to such a ballot shall be processed as an
46 application for an early mail ballot pursuant paragraph a of subdivision
47 two of this section and section two thousand eighteen-f of this part.
48 § 28. Subdivision 6 of section 2018-b of the education law, as amended
49 by chapter 46 of the laws of 1992, paragraph b as amended by section 9
50 of part LL of chapter 56 of the laws of 2010, is amended to read as
51 follows:
52 6. a. The clerk of the school district or designee of the trustees or
53 school board shall enclose each absentee voter's ballot in an envelope
54 which shall be labelled:
55 ELECTION MATERIAL
56 PLEASE EXPEDITE
S. 6995 13
1 On one side of such envelope shall be printed:
2 OFFICIAL BALLOT, [ABSENTEE VOTER]
3 for
4 School District Election
5 Name of Voter ..........................................................
6 Residence (street and number, if any) ..................................
7 City (or Town) of ......................................................
8 County of ..............................................................
9 School District ........................................................
10 School Election District (if applicable) ...............................
11 The date of the election and name of the school district shall be
12 printed, and the name of the voter, residence, school district and
13 school election district (if applicable) shall be included.
14 b. On the reverse side of such envelope shall be printed the following
15 statement:
16 STATEMENT OF [ABSENTEE] VOTER
17 I do declare that I am a citizen of the United States, and will be at
18 least eighteen years of age on the date of the school district election;
19 that I will have been a resident of this state and of the school
20 district and school election district, if any, shown on the reverse side
21 of this envelope for thirty days next preceding the said election and
22 that I am or on such date will be, a qualified voter of said school
23 district; [that I will be unable to appear personally on the day of said
24 school district election at the polling place of the said district in
25 which I am or will be a qualified voter because of the reason stated on
26 my application heretofore submitted] that the information contained on
27 my application for this ballot is true and correct; that I have not
28 qualified, or do I intend to vote, elsewhere than as set forth on the
29 reverse side of this envelope; that I have not received or offered, do
30 not expect to receive, have not paid, offered or promised to pay,
31 contributed, offered or promised to contribute to another to be paid or
32 used, any money or other valuable thing, as a compensation or reward for
33 the giving or withholding of a vote at this school district election,
34 and have not made any promise to influence the giving or withholding of
35 any such votes; that I have not made or become directly or indirectly
36 interested in any bet or wager depending upon the result of this school
37 district election; and that I have not been convicted of bribery or any
38 infamous crime, or, if so convicted, that I have been pardoned or
39 restored to all the rights of a citizen, without restriction as to the
40 right of suffrage, or have received a certificate of relief from disa-
41 bilities or a certificate of good conduct pursuant to article twenty-
42 three of the correction law removing my disability to vote.
43 I hereby declare that the foregoing is a true statement to the best of
44 my knowledge and belief, and I understand that if I make any material
45 false statement in the foregoing statement of [absentee] voter, I shall
46 be guilty of a misdemeanor.
47 Date....................Signature of Voter ...........................
S. 6995 14
1 c. The envelope shall be gummed, ready for sealing, and shall have
2 printed thereon, on the side opposite the statement, instructions as to
3 the duties of the voter after the marking of the ballot, which
4 instructions shall include a specific direction stating that the envel-
5 ope must reach the office of the clerk of the school district or desig-
6 nee of the trustees or school board not later than five P.M. on the day
7 of the election in order that [his] their vote may be canvassed.
8 d. A person who shall make any material false statement in the state-
9 ment of the [absentee] voter appearing on the reverse side of the envel-
10 ope as provided in this subdivision, shall be guilty of a misdemeanor.
11 § 29. Subdivision 5 of section 2018-e of the education law, as added
12 by chapter 481 of the laws of 2023, is amended to read as follows:
13 5. a. The board of registration shall enclose each early mail voter's
14 ballot in an envelope which shall be labelled:
15 ELECTION MATERIAL
16 PLEASE EXPEDITE
17 On one side of such envelope shall be printed:
18 OFFICIAL BALLOT[, EARLY MAIL VOTER]
19 for
20 School District Election
21 Name of Voter ..............
22 Residence (street and number, if any) ......
23 City (or Town) of .............
24 County of .................
25 School District ..............
26 School Election District (if applicable) ......
27 The date of the election and name of the school district shall be
28 printed, and the name of the voter, residence, school district and
29 school election district (if applicable) shall be written in by the
30 board of registration.
31 b. On the reverse side of such envelope shall be printed the following
32 statement:
33 STATEMENT OF [EARLY MAIL] VOTER
34 I do declare that I am a citizen of the United States, and will be at
35 least eighteen years of age, on the date of the school district
36 election; that I will have been a resident of this state and of the
37 school district and school election district, if any, shown on the
38 reverse side of this envelope for thirty days next preceding the said
39 election and duly registered in the school district and school election
40 district, if any, shown on the reverse side of this envelope and that I
41 am or on such date will be, a qualified voter of said school district;
42 that the information contained on my application for this ballot is true
43 and correct; that I have not qualified, or do I intend to vote, else-
44 where than as set forth on the reverse side of this envelope; that I
45 have not received or offered, do not expect to receive, have not paid,
46 offered or promised to pay, contributed, offered or promised to contrib-
47 ute to another to be paid or used, any money or other valuable thing, as
48 a compensation or reward for the giving or withholding of a vote at this
49 school district election, and have not made any promise to influence the
50 giving or withholding of any such votes; that I have not made or become
51 directly or indirectly interested in any bet or wager depending upon the
52 result of this school district election; and that I have not been
53 convicted of bribery or any infamous crime, or, if so convicted, that I
54 have been pardoned or restored to all the rights of a citizen, without
55 restriction as to the right of suffrage, or received a certificate of
S. 6995 15
1 relief from disabilities or a certificate of good conduct pursuant to
2 article twenty-three of the correction law removing my disability to
3 register and vote.
4 I hereby declare that the foregoing is a true statement to the best of
5 my knowledge and belief, and I understand that if I make any material
6 false statement in the foregoing statement of [early mail] voter, I
7 shall be guilty of a misdemeanor.
8 Date................... Signature of Voter............................
9 c. The envelope shall be gummed, ready for sealing, and shall have
10 printed thereon, on the side opposite the statement, instructions as to
11 the duties of the voter after the marking of the ballot, which
12 instructions shall include a specific direction stating that the envel-
13 ope must reach the office of the clerk of the school district not later
14 than five P.M. on the day of the election in order that their vote may
15 be canvassed.
16 d. A person who shall make any material false statement in the state-
17 ment of [early mail] voter appearing on the reverse side of the envelope
18 as provided in this subdivision, shall be guilty of a misdemeanor.
19 § 30. Subdivision 6 of section 2018-f of the education law, as added
20 by chapter 481 of the laws of 2023, is amended to read as follows:
21 6. a. The clerk of the school district or designee of the trustees or
22 school board shall enclose each early mail voter's ballot in an envelope
23 which shall be labelled:
24 ELECTION MATERIAL
25 PLEASE EXPEDITE
26 On one side of such envelope shall be printed:
27 OFFICIAL BALLOT[, EARLY MAIL VOTER]
28 for
29 School District Election
30 Name of Voter ............
31 Residence (street and number, if any) ...............
32 City (or Town) of .....................
33 County of ....................
34 School District ...................
35 School Election District (if applicable) ................
36 The date of the election and name of the school district shall be
37 printed, and the name of the voter, residence, school district and
38 school election district (if applicable) shall be included.
39 b. On the reverse side of such envelope shall be printed the following
40 statement:
41 STATEMENT OF [EARLY MAIL] VOTER
42 I do declare that I am a citizen of the United States, and will be at
43 least eighteen years of age on the date of the school district election;
44 that I will have been a resident of this state and of the school
45 district and school election district, if any, shown on the reverse side
46 of this envelope for thirty days next preceding the said election and
47 that I am or on such date will be, a qualified voter of said school
48 district; that the information contained on my application for this
49 ballot is true and correct; that I have not qualified, or do I intend to
50 vote, elsewhere than as set forth on the reverse side of this envelope;
51 that I have not received or offered, do not expect to receive, have not
52 paid, offered or promised to pay, contributed, offered or promised to
53 contribute to another to be paid or used, any money or other valuable
54 thing, as a compensation or reward for the giving or withholding of a
S. 6995 16
1 vote at this school district election, and have not made any promise to
2 influence the giving or withholding of any such votes; that I have not
3 made or become directly or indirectly interested in any bet or wager
4 depending upon the result of this school district election; and that I
5 have not been convicted of bribery or any infamous crime, or, if so
6 convicted, that I have been pardoned or restored to all the rights of a
7 citizen, without restriction as to the right of suffrage, or have
8 received a certificate of relief from disabilities or a certificate of
9 good conduct pursuant to article twenty-three of the correction law
10 removing my disability to vote.
11 I hereby declare that the foregoing is a true statement to the best of
12 my knowledge and belief, and I understand that if I make any material
13 false statement in the foregoing statement of [early mail] voter, I
14 shall be guilty of a misdemeanor.
15 Date .................. Signature of Voter .............................
16 c. The envelope shall be gummed, ready for sealing, and shall have
17 printed thereon, on the side opposite the statement, instructions as to
18 the duties of the voter after the marking of the ballot, which
19 instructions shall include a specific direction stating that the envel-
20 ope must reach the office of the clerk of the school district or desig-
21 nee of the trustees or school board not later than five P.M. on the day
22 of the election in order that their vote may be canvassed.
23 d. A person who shall make any material false statement in the state-
24 ment of the [early mail] voter appearing on the reverse side of the
25 envelope as provided in this subdivision, shall be guilty of a misdemea-
26 nor.
27 § 31. Subdivision 2 of section 84-a of the town law is amended by
28 adding a new paragraph a-1 to read as follows:
29 a-1. If the applicant does not provide a reason that the applicant is
30 entitled to an absentee ballot as required by paragraph a of this subdi-
31 vision, the application shall be processed as an application for an
32 early mail ballot pursuant to section eighty-four-b of this article.
33 § 32. Subdivision 3 of section 84-a of the town law, as added by chap-
34 ter 396 of the laws of 1988, is amended to read as follows:
35 3. If, upon examining the application required under the provisions
36 of subdivision two of this section, and upon such inquiry as it deems
37 proper, the board of inspectors shall be satisfied that the applicant is
38 a qualified voter of the town, and entitled to vote by absentee ballot,
39 such board of inspectors shall place [his] their name upon a list, ther-
40 eupon the applicant shall be issued or mailed an absentee voter's ballot
41 and the town clerk shall make an appropriate entry on the list indicat-
42 ing that an absentee ballot has been applied for by, and issued to, the
43 applicant. Provided, that an application for an absentee ballot that
44 does not provide a reason that the applicant is entitled to such a
45 ballot shall be processed as an application for an early mail ballot
46 pursuant to paragraph a-1 of subdivision two of this section and section
47 eighty-four-b of this article.
48 § 33. Subdivision 5 of section 84-a of the town law, as added by chap-
49 ter 396 of the laws of 1988, paragraph b as amended by section 10 of
50 part LL of chapter 56 of the laws of 2010, is amended to read as
51 follows:
52 5. a. The board of registration shall enclose each absentee voter's
53 ballot in an envelope which shall be labelled:
54 ELECTION MATERIAL
S. 6995 17
1 PLEASE EXPEDITE
2 On one side of such envelope shall be printed:
3 OFFICIAL BALLOT[, ABSENTEE VOTER]
4 for
5 Special Town Election
6 Name of Voter.........................................
7 Residence (street and number, if any).................
8 Town of...............................................
9 County of.............................................
10 The date of the election and name of the town shall be printed, and
11 the name of the voter, residence and district shall be written in by the
12 town clerk.
13 b. On the reverse side of such envelope shall be printed the following
14 statement:
15 STATEMENT OF [ABSENTEE] VOTER
16 I do declare that I will have been a citizen of the United States for
17 thirty days, and will be at least eighteen years of age, on the date of
18 the special town election; that I will have been a resident of this
19 state and of the town shown on the reverse side of this envelope for
20 thirty days next preceding the said election; that I am or on such date
21 will be, a registered voter of said town; [that I will be unable to
22 appear personally on the day of said special town election at the poll-
23 ing place of the election district in which I am or will be a qualified
24 voter because of the reason stated on my application heretofore submit-
25 ted] that the information contained on my application for this ballot is
26 true and correct; that I have not qualified, or do I intend to vote,
27 elsewhere than as set forth on the reverse side of this envelope; that I
28 have not received or offered, do not expect to receive, have not paid,
29 offered or promised to pay, contributed, offered or promised to contrib-
30 ute to another to be paid or used, any money or other valuable thing, as
31 a compensation or reward for the giving or withholding of a vote at this
32 special town election, and have not made any promise to influence the
33 giving or withholding of any such votes; that I have not made or become
34 directly or indirectly interested in any bet or wager depending upon the
35 result of this special town election; and that I have not been convicted
36 of bribery or any infamous crime, or, if so convicted, that I have been
37 pardoned or restored to all the rights of a citizen, without restriction
38 as to the right of suffrage, or received a certificate of relief from
39 disabilities or a certificate of good conduct pursuant to article twen-
40 ty-three of the correction law removing my disability to register and
41 vote.
42 I hereby declare that the foregoing is a true statement to the best of
43 my knowledge and belief, and I understand that if I make any material
44 false statement in the foregoing statement of [absentee] voter, I shall
45 be guilty of a misdemeanor.
46 Date.............. Signature of Voter..................
47 c. The envelope shall be gummed, ready for sealing, and shall have
48 printed thereon, on the side opposite the statement, instructions as to
49 the duties of the voter after the marking of the ballot, which
50 instructions shall include a specific direction stating that the envel-
51 ope must reach the office of the town clerk not later than five P.M. on
52 the day of the election in order that [his] their vote may be canvassed.
53 d. A person who shall make any material false statement in the state-
54 ment of [absentee] voter appearing on the reverse side of the envelope
55 as provided in this subdivision, shall be guilty of a misdemeanor.
S. 6995 18
1 § 34. Subdivision 5 of section 84-b of the town law, as added by chap-
2 ter 481 of the laws of 2023, is amended to read as follows:
3 5. a. The board of registration shall enclose each early mail voter's
4 ballot in an envelope which shall be labelled:
5 ELECTION MATERIAL
6 PLEASE EXPEDITE
7 On one side of such envelope shall be printed:
8 OFFICIAL BALLOT[, EARLY MAIL VOTER]
9 for
10 Special Town Election
11 Name of Voter ................
12 Residence (street and number, if any) .......
13 Town of ....................
14 County of ...................
15 The date of the election and name of the town shall be printed, and
16 the name of the voter, residence and district shall be written in by the
17 town clerk.
18 b. On the reverse side of such envelope shall be printed the following
19 statement:
20 STATEMENT OF [EARLY MAIL] VOTER
21 I do declare that I will have been a citizen of the United States for
22 thirty days, and will be at least eighteen years of age, on the date of
23 the special town election; that I will have been a resident of this
24 state and of the town shown on the reverse side of this envelope for
25 thirty days next preceding the said election; that I am or on such date
26 will be, a registered voter of said town; that the information contained
27 on my application for this ballot is true and correct; that I have not
28 qualified, or do I intend to vote, elsewhere than as set forth on the
29 reverse side of this envelope; that I have not received or offered, do
30 not expect to receive, have not paid, offered or promised to pay,
31 contributed, offered or promised to contribute to another to be paid or
32 used, any money or other valuable thing, as a compensation or reward for
33 the giving or withholding of a vote at this special town election, and
34 have not made any promise to influence the giving or withholding of any
35 such votes; that I have not made or become directly or indirectly inter-
36 ested in any bet or wager depending upon the result of this special town
37 election; and that I have not been convicted of bribery or any infamous
38 crime, or, if so convicted, that I have been pardoned or restored to all
39 the rights of a citizen, without restriction as to the right of
40 suffrage, or received a certificate of relief from disabilities or a
41 certificate of good conduct pursuant to article twenty-three of the
42 correction law removing my disability to register and vote.
43 I hereby declare that the foregoing is a true statement to the best of
44 my knowledge and belief, and I understand that if I make any material
45 false statement in the foregoing statement of [early mail] voter, I
46 shall be guilty of a misdemeanor.
47 Date.... Signature of Voter....
48 c. The envelope shall be gummed, ready for sealing, and shall have
49 printed thereon, on the side opposite the statement, instructions as to
50 the duties of the voter after the marking of the ballot, which
51 instructions shall include a specific direction stating that the envel-
52 ope must reach the office of the town clerk not later than five P.M. on
53 the day of the election in order that their vote may be canvassed.
S. 6995 19
1 d. A person who shall make any material false statement in the state-
2 ment of [early mail] voter appearing on the reverse side of the envelope
3 as provided in this subdivision, shall be guilty of a misdemeanor.
4 § 35. This act shall take effect one year after it shall have become a
5 law.
