STATE OF NEW YORK ________________________________________________________________________ 9789 IN SENATE May 30, 2024 ___________ Introduced by Sen. MANNION -- (at request of the State Board of Elections) -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to accessible absentee ballots The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 8-400 of the election law is 2 amended by adding a new paragraph (e) to read as follows: 3 (e) Such application shall permit an applicant with a disability that 4 interferes with the effective reading, writing, or use of printed mate- 5 rial to apply for an accessible absentee ballot as provided for in 6 section 8-405 of this title. 7 § 2. The election law is amended by adding new section 8-405 to read 8 as follows: 9 § 8-405. Accessible absentee ballots. 1. Voters with a disability 10 that interferes with the effective reading, writing, or use of printed 11 material who apply for an accessible absentee ballot and are otherwise 12 eligible to receive an absentee ballot shall be sent an accessible 13 absentee ballot by accessible electronic system. Such system shall 14 allow such voter to download an accessible absentee ballot, mark such 15 ballot privately and independently using such voter's own assistive 16 technology, and print such voter's marked ballot. 17 2. Such accessible absentee ballots shall be returned, counted, and 18 canvassed as provided in this chapter for other absentee voters' ballots 19 and all provisions of this chapter, not inconsistent with this section, 20 shall apply. 21 § 3. Subdivision 4 of section 8-400 of the election law, as amended by 22 chapter 63 of the laws of 2010, is amended to read as follows: 23 4. A voter who claims permanent illness or physical disability may 24 make application for an absentee ballot and the right to receive an 25 absentee ballot for each election thereafter as provided herein without 26 further application, by filing with the board of elections an applica- 27 tion which shall contain a statement to be executed by the voter. Such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15809-01-4

S. 9789 2 1 application may also contain a statement that such voter has a permanent 2 disability that requires the use of an accessible absentee ballot pursu- 3 ant to section 8-405 of this title. Upon filing of such application the 4 board of elections shall cause the registration records of the voter to 5 be marked "Permanently Disabled" and thereafter shall send an absentee 6 ballot or an accessible absentee ballot, as applicable, for each 7 succeeding primary, special or general election to such voter at [~~his or~~ 8 ~~her~~] their last known address by first class mail with a request to the 9 postal authorities not to forward such ballot but to return it in five 10 days in the event that it cannot be delivered to the addressee. The 11 mailing of such ballot for each election shall continue, including, but 12 not limited to, when such voter's registration is transferred to another 13 county, until such voter's registration is cancelled. 14 § 4. Section 8-406 of the election law, as amended by section 2 of 15 part HH of chapter 55 of the laws of 2022, is amended to read as 16 follows: 17 § 8-406. Absentee ballots, delivery of. 1. If the board shall find 18 that the applicant is a qualified voter of the election district 19 containing [~~his~~] such applicant's residence as stated in [~~his~~] their 20 statement and that [~~his~~] such statement is sufficient, it shall, as soon 21 as practicable after it shall have determined [~~his~~] such applicant's 22 right thereto, mail to [~~him~~] them at an address designated by [~~him~~] such 23 applicant, or deliver to [~~him~~] them, or to any person designated for 24 such purpose in writing by [~~him~~] such applicant, at the office of the 25 board, such an absentee voter's ballot or set of ballots and an envelope 26 therefor. If the ballot or ballots are to be sent outside of the United 27 States to a country other than Canada or Mexico, such ballot or ballots 28 shall be sent by air mail. However, if an applicant who is eligible for 29 an absentee ballot is a resident of a facility operated or licensed by, 30 or under the jurisdiction of, the department of mental hygiene, or a 31 resident of a facility defined as a nursing home or residential health 32 care facility pursuant to subdivisions two and three of section two 33 thousand eight hundred one of the public health law, or a resident of a 34 hospital or other facility operated by the Veteran's Administration of 35 the United States, such absentee ballot need not be so mailed or deliv- 36 ered to any such applicant but, may be delivered to the voter in the 37 manner prescribed by section 8-407 of this [~~chapter~~] title if such 38 facility is located in the county or city in which such voter is eligi- 39 ble to vote. Provided, however, if an applicant who is eligible for an 40 absentee ballot has requested an accessible absentee ballot such acces- 41 sible absentee ballot need not be so mailed or delivered to any such 42 applicant but shall be delivered to the voter in the manner prescribed 43 by section 8-405 of this title. 44 2. When mailing an absentee ballot to a voter or providing an accessi- 45 ble absentee ballot pursuant to section 8-405 of this title the board of 46 elections shall provide a domestic postage paid return envelope. When 47 providing an absentee ballot to a voter in-person, the board of 48 elections shall offer the voter a domestic postage paid return envelope 49 and provide one if requested. 50 § 5. This act shall take effect immediately.

Relates to accessible absentee ballots

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