STATE OF NEW YORK
________________________________________________________________________
10206
IN ASSEMBLY
March 26, 2018
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Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to authorizing any quali-
fied voter to apply for and utilize an absentee ballot
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1, the opening paragraph of subdivision 2 and
2 paragraphs (c) and (d) of subdivision 3 of section 8-400 of the election
3 law, subdivision 1 and paragraphs (c) and (d) of subdivision 3 as
4 amended by chapter 63 of the laws of 2010, paragraph (c) of subdivision
5 1 and subparagraph (iii) of paragraph (c) of subdivision 3 as amended by
6 chapter 375 of the laws of 2015, and the opening paragraph of subdivi-
7 sion 2 as amended by chapter 216 of the laws of 1988, are amended to
8 read as follows:
9 1. A qualified voter may vote as an absentee voter under this chapter
10 if, on the occurrence of any village election conducted by the board of
11 elections, primary election, special election, general election or New
12 York city community school board district or city of Buffalo school
13 district election, he or she expects to be[:
14 (a) absent from the county of his or her residence, or, if a resident
15 of the city of New York absent from said city; or
16 (b) unable to appear personally at the polling place of the election
17 district in which he or she is a qualified voter because of illness or
18 physical disability or duties related to the primary care of one or more
19 individuals who are ill or physically disabled, or because he or she
20 will be or is a patient in a hospital; or
21 (c) a resident or patient of a veterans health administration hospi-
22 tal; or
23 (d) absent from his or her voting residence because he or she is
24 detained in jail awaiting action by a grand jury or awaiting trial, or
25 confined in jail or prison after a conviction for an offense other than
26 a felony, provided that he or she is qualified to vote in the election
27 district of his or her residence] unavailable to vote in person for any
28 reason.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14944-01-8
A. 10206 2
1 A qualified voter desiring to vote at such election as an absentee
2 voter for any reason [specified in subdivision one hereof] must make
3 application for an absentee ballot on a form to be obtained and filed as
4 provided herein or by letter as provided in paragraph (d) of this subdi-
5 vision.
6 (c) [A statement, as appropriate, that on the day of such election the
7 applicant expects in good faith to be in one of the following catego-
8 ries:
9 (i) absent from the county of his or her residence, or if a resident
10 of the city of New York absent from said city; provided, however, if the
11 applicant expects to be absent from such county or city for a duration
12 covering more than one election and seeks an absentee ballot for each
13 election, he or she shall state the dates when he or she expects to
14 begin and end such absence; or
15 (ii) unable to appear at a polling place because of illness or phys-
16 ical disability or duties related to the primary care of one or more
17 individuals who are ill or physically disabled; or
18 (iii) a resident or patient of a veterans health administration hospi-
19 tal; or
20 (iv) detained in jail awaiting action by a grand jury or awaiting
21 trial or confined in jail or prison after a conviction for an offense
22 other than a felony and stating the place where he or she is so detained
23 or confined.
24 (d)] Such application shall permit the applicant to apply for an
25 absentee ballot for either a primary election or the general election in
26 any year and for those persons who will be continuously absent from
27 their county of residence during the period between the fall primary
28 election and the general election in any year to apply for ballots for
29 both such elections in such year. A voter who applies for an absentee
30 ballot shall be sent an absentee ballot for any special election or
31 winter primary that occurs during the period of absence specified in the
32 application.
33 § 2. This act shall take effect on the sixtieth day after it shall
34 have become a law.
