A 2358: Provides that a qualified voter may receive an absentee ballot if such voter is unable to appear personally at the polling place of the election district in which such individual is a qualified voter because of a religious observance or practice.
The bill aims to allow qualified voters to cast absentee ballots for religious observance or practice. A voter is eligible to vote absentee if they are expected to be absent from their residence due to illness, physical disability, or duties related to caring for a family member. Additionally, the bill allows voters who are detained in jail awaiting a grand jury action or awaiting trial, or who are confined in jail or prison after a conviction, to vote absentee if they are qualified to vote in their residence district. This new provision is intended to expand voting options for individuals who may be unable to vote in person due to religious reasons. The bill takes effect on January 1, 2026, and applies to general, primary, run-off primary, or special elections held thereafter.
- What is the current status of A 2358?
- As of January 8, 2026, A 2358 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "referred to election law".
- Did A 2358 pass?
- Not yet. A 2358 has been introduced and has not passed either house.
- Who wrote A 2358, and where is it now?
- A 2358 was authored by Asm. Simcha Eichenstein. Its committee of record is Assembly Election Law.
| Jan. 07, 2026 | referred to election law |
| Jan. 16, 2025 | referred to election law |
STATE OF NEW YORK ________________________________________________________________________ 2358 2025-2026 Regular Sessions IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. EICHENSTEIN -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to authorizing absentee voting for religious observance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 8-400 of the election law, as 2 amended by chapter 63 of the laws of 2010 and paragraph (c) as amended 3 by chapter 375 of the laws of 2015, is amended to read as follows: 4 1. A qualified voter may vote as an absentee voter under this chapter 5 if, on the occurrence of any village election conducted by the board of 6 elections, primary election, special election, general election or New 7 York city community school board district or city of Buffalo school 8 district election, [he or she] such person expects to be: 9 (a) absent from the county of [his or her] residence, or, if a resi- 10 dent of the city of New York absent from said city; or 11 (b) unable to appear personally at the polling place of the election 12 district in which [he or she] such person is a qualified voter because 13 of illness or physical disability or duties related to the primary care 14 of one or more individuals who are ill or physically disabled, or 15 because [he or she] such person will be or is a patient in a hospital; 16 or 17 (c) a resident or patient of a veterans health administration hospi- 18 tal; or 19 (d) absent from [his or her] their voting residence because [he or20she] such person is detained in jail awaiting action by a grand jury or 21 awaiting trial, or confined in jail or prison after a conviction for an 22 offense other than a felony, provided that [he or she] such person is 23 qualified to vote in the election district of [his or her] residence[.]; 24 or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02980-01-5A. 2358 2 1 (e) unable to appear personally at the polling place of the election 2 district in which such person is a qualified voter because of a reli- 3 gious observance or practice. 4 § 2. This act shall take effect January 1, 2026 and shall apply to any 5 general, primary, run-off primary, or special election held thereafter.