NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A190
SPONSOR: Rosenthal L TITLE OF BILL:
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
PURPOSE:
To allow all eligible voters the opportunity to vote by mail.
SUMMARY OF SPECIFIC PROVISIONS:
Section one repeals sections 8-400 and 8-402 of the election law and
replaces with a new section 8-400.
Section two amends section 8-406 of the election law.
Section three establishes the effective date.
JUSTIFICATION:
Mail-in ballots increase voter turnout, reduce expenses associated with
in-person only voting, and data suggests the option is often preferred
by voters. Prior to COVID-19, five states, Colorado, Hawaii, Oregon,
Utah and Washington State, conducted elections that allowed registered
voters to cast their ballot by mail. In recent months, many states have
temporarily implemented vote-by-mail systems to protect voters from
COVID-19, and in many cases, it appears to have led to a substantial
increase in turnout, which New York State has long struggled to achieve.
In fact, only approximately 23% of eligible voters in our state cast a
ballot in last year's general election.
Mail-in ballots increase voter turnout, reduce expenses associated with
in-person-only voting, and data suggests the option is often preferred
by voters. A 2016 study by Oregon Public Broadcasting found that 87% of
those polled supported the vote-by-mail system. In Iowa, where all
eligible voters were permitted to cast absentee ballots this year, the
state saw its highest primary election turnout in history.
Voting is the cornerstone of our democracy, but continuously, voters fmd
themselves disenfranchised. During the recent New York State primary
elections, every registered voter was permitted to vote by mail, howev-
er, many voters complained that they never received their ballot despite
sending in a request while others were confused about whether they need-
ed to apply. The failure of this system disenfranchised countless voters
and likely swayed the outcome of more than one close contest. Given the
success of voteby-mail systems nationwide, New York State should begin
providing every eligible voter with an absentee ballot.
This legislation will require local boards of elections to mail all
eligible voters a ballot, with a return postage guaranteed envelope, no
less than 30 days before Election Day.
LEGISLATIVE HISTORY:
2021-22: A.672 - Referred to Election Law
2019-20: A.10700 Referred to Election Law
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
190
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, PAULIN, FAHY, THIELE, SEAWRIGHT,
STERN -- 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 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.
10 [1. If the board shall find that the applicant is a qualified voter of
11 the election district containing his residence as stated in his state-
12 ment and that his statement is sufficient, it shall, as soon as practi-
13 cable after it shall have determined his right thereto, mail to him at
14 an address designated by him, or deliver to him, or to any person desig-
15 nated for such purpose in writing by him, at the office of the board,
16 such an absentee voter's ballot or set of ballots and an envelope there-
17 for. If the ballot or ballots are to be sent outside of the United
18 States to a country other than Canada or Mexico, such ballot or ballots
19 shall be sent by air mail. However, if an applicant who is eligible for
20 an absentee ballot is a resident of a facility operated or licensed by,
21 or under the jurisdiction of, the department of mental hygiene, or a
22 resident of a facility defined as a nursing home or residential health
23 care facility pursuant to subdivisions two and three of section two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00681-01-3
A. 190 2
1 thousand eight hundred one of the public health law, or a resident of a
2 hospital or other facility operated by the Veteran's Administration of
3 the United States, such absentee ballot need not be so mailed or deliv-
4 ered to any such applicant but, may be delivered to the voter in the
5 manner prescribed by section 8-407 of this chapter if such facility is
6 located in the county or city in which such voter is eligible to vote.
7 2. When mailing an absentee ballot to a voter the board of elections
8 shall provide a domestic postage paid return envelope. When providing an
9 absentee ballot to a voter in-person, the board of elections shall offer
10 the voter a domestic postage paid return envelope and provide one if
11 requested.]
12 1. The board of elections for all counties or cities shall mail an
13 absentee ballot and a return postage guaranteed envelope to every regis-
14 tered and qualified voter residing in such county or city. Such absentee
15 ballot shall be mailed to every registered and qualified voter at the
16 address given on his or her registration records, or at an address spec-
17 ified by such voter pursuant to subdivision three of this section, no
18 later than thirty days before the scheduled election is to be held.
19 2. In the case of a primary election, the board of elections shall
20 deliver only the ballot of the party in which the records of the board
21 of elections show the absentee voter to be enrolled. In the event a
22 primary election is uncontested in the absentee voter's election
23 district for all offices or positions except the party position of
24 member of the ward, town, city or county committee, no ballot shall be
25 delivered to such absentee voter for such election; and the absentee
26 voter shall be advised why he or she is not being sent a 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 he or she 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.
