A 997: Requires absentee ballots to be provided to all qualified voters; relates to the delivery of absentee ballots.

  
  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 Sections 8-400 and 8-402 of the election law are REPEALED 2 and a new section 8-400 is added to read as follows: 3 § 8-400.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.