Expand Voting Access Rights

Section 1. The election law is amended by adding two new sections 5-217 and 5-217-a to read as follows:

§ 5-217. Registering at the polling place; election day registration. 1. The provisions of this section and section 5-217-a of this title shall be used as an additional procedure for voter registration. For the purposes of this section and section 5-217-a of this title, the term "election day" shall refer to state primary and to state general elections, to all town, city, school district, and village district elections, and to all elections where persons may vote by absentee ballot. A person registering to vote on election day shall do so in accordance with the provisions of this section and all other applicable law including, but not limited to completion of a voter registration form as provided for in section 5-210 of this title. The provisions of this section and those of 5-217-a of this title shall apply notwithstanding any provisions of law to the contrary.

2. Any person whose name is not on the checklist but who is otherwise a qualified voter shall be entitled to vote by requesting to be registered to vote at the polling place on election day. The voter may then vote in such election. The applicant shall be required to produce appropriate proof of qualifications as provided in this chapter.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01007-01-5

3. Any person who is waiting to register to vote at the polling place on election day at the time scheduled for the closing of the polls shall be allowed to vote if determined to be qualified to register.

§ 5-217-a. Effect of registration on election day. Any person who registers to vote on election day according to the provisions of section 5-217 of this title shall be registered to vote at all subsequent town, state, and federal elections.

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 Section 8-400 of the election law is REPEALED and a new section 8-400 is added to read as follows:

§ 8-400. Absentee voting. 1. A qualified voter may vote as an absentee voter under this chapter if, on the occurrence of any village election conducted by the board of elections, primary election, special election, general election or New York city community school board district or city of Buffalo school district election, they elect to do such. Any reference to "board of elections" in the remaining provisions of this section means only the board of elections of the county or city in which the absentee voter is a qualified voter.

2. The board of elections for all counties or cities shall mail an absentee ballot to every registered and qualified voter residing in such county or city. Such absentee ballot shall be mailed to every registered and qualified voter at the address given on their registration records no later than thirty days before the scheduled election is to be held.

3. In the case of a primary election, the board shall deliver only the ballot of the party in which the records of the board of elections show the absentee voter to be enrolled. In the event a primary election is uncontested in the absentee voters' election district for all offices or positions except the party position of member of the ward, town, city or county committee, no ballot shall be delivered to such absentee voter for such election; and the absentee voter shall be advised why they are not being sent a ballot.

4. If a person voting by absentee ballot is unable to sign their signature because of illness, physical disability or inability to read, they shall be excused from signing upon making a statement, in substantially the following form, which shall be witnessed by one person:

"I hereby state that I am unable to sign my absentee ballot without assistance because I am unable to write by reason of my illness or physical disability or because I am unable to read. I have made, or have received assistance in making, my mark in lieu of my signature."

(Date)..................

..................(Mark) (Name of Voter)

"I, the undersigned, hereby certify that the above named voter affixed their mark to this application in my presence and I know them to be the person who affixed their mark to said application and understand that this statement will be accepted for all purposes as the equivalent of an affidavit and if it contains a material false statement, shall subject me to the same penalties as if I had been duly sworn."

....................

(Signature of Witness)

....................

(Address of Witness)

Such statement shall be included in the absentee ballot furnished by the board of elections. The provisions of this subdivision shall also apply to any application for an absentee ballot pursuant to section 8-402 of this title.

5. The board shall keep a record of all absentee ballots that are mailed, showing the names and residences of the absentee voters, and their party enrollment in the case of primary elections, and, as soon as practicable shall, when requested, give to the chair of each political party or independent body in the county, and shall make available for inspection to any other qualified voter upon request, a complete list of all absentee voters to whom ballots have been delivered or mailed, containing their names and places of residence as they appear on the registration record, including the election district and ward, if any, and in the city of New York and the county of Nassau, the assembly district, and their party enrollment in the case of primary elections.

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

§ 8-402. Applications for absentee ballots. 1. Any voter, upon application, may request that their absentee ballot be mailed to them at an address other than their permanent address, if they expect to be absent from the county or city of residence and unable to obtain their absentee ballot.

(a) Application forms shall be furnished by and may be obtained from any board of elections at any time until the day before such election. Application forms shall also be supplied by the board of inspectors of the election district in which applicant is a qualified voter on all of the days provided for local registration. In addition, application forms shall be supplied upon the request of the person authorized to vote pursuant to this section, any such person's spouse, parent or child, a person residing with the applicant as a member of their household, or the applicant's duly authorized agent. Application forms sent outside of the United States to a country other than Canada or Mexico, shall be sent by air mail.

(b) The application for an absentee ballot when filed must contain in each instance the following information:

(i) Applicant's full name, date of birth, and residence address, including the street and number, if any, rural delivery route, if any, mailing address if different from the residence address and their town or city and an address to which the ballot shall be mailed.

(ii) A statement that the applicant is a qualified and registered voter.

(iii) A statement that the applicant expects in good faith to be absent from the county or city of their residence provided, however, if the applicant expects to be absent from such county or city for a duration covering more than one election and seeks an absentee ballot for each election, they shall state the dates when they expect to begin and end such absence.

2. The application for an absentee ballot shall contain the following language printed in bold face directly above the signature line: "I CERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND UNDERSTAND THAT THIS APPLICATION WILL BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT AND, IF IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN." Such application shall be accepted for all proposes as the equivalent of an affidavit and if it contains a material false statement shall subject the person signing it to the same penalties as if they had been duly sworn.

3. For purposes of this section, the use of titles, initials or customary abbreviations of given names by the signers of, or witnesses to, an absentee ballot request letter, an absentee ballot application form or an absentee ballot envelope, or the use of customary abbreviations of addresses of such signers or witnesses, shall not invalidate such voter's signature or witness's signature on an application for an absentee ballot or upon canvass or recanvass of the ballot pursuant to this chapter.

4. Printed forms of applications for absentee ballots in accordance with the requirements of this section shall be provided by the board of elections. An appropriate number shall be retained by the board of elections for the purpose of furnishing an application form to each qualified voter who applies therefor before the board of elections, either in person or by mail, and an appropriate number shall be delivered to each board of inspectors on registration days with the election supplies, and the board of inspectors shall retain the completed and unused applications and return them to the board of elections with their election supplies and an appropriate number shall be available for distribution to officers of political parties, county clerks, city, town and village clerks, colleges, libraries, hospitals, nursing homes, senior citizens centers and any other convenient distribution source which is approved by the local or state board of elections and which requests such forms.

5. The state board of elections shall prescribe a standard application form for use under this section. The use of any application form which substantially complies with the provisions of this section shall be acceptable and any application filed on such a form shall be accepted for filing.

6. If the board shall find that the applicant is a qualified voter of the election district containing their residence as stated in their statement and that their statement is sufficient, it shall, as soon as practicable after it shall have determined their right thereto, mail to them at an address designated by them, or deliver to them, or to any person designated for such purpose in writing by them, at the office of the board, such an absentee voter's ballot or set of ballots and an envelope therefor. If the ballot or ballots are to be sent outside of the United States to a country other than Canada or Mexico, such ballot or ballots shall be sent by air mail. However, if an applicant who is eligible for an absentee ballot is a resident of a facility operated or licensed by, or under the jurisdiction of, the department of mental hygiene, or a resident of a facility defined as a nursing home or residential health care facility pursuant to subdivisions two and three of section two thousand eight hundred one of the public health law, or a resident of a hospital or other facility operated by the Veteran's Administration of the United States, such absentee ballot need not be so mailed or delivered to any such applicant but, may be delivered to the voter in the manner prescribed by section 8-407 of this title if such facility is located in the county or city in which such voter is eligible to vote.

§ 4. Section 8-404 of the election law, subdivision 1 as amended by chapter 375 of the laws of 2015, is amended to read as follows:

§ 8-404. Absentee voting; hospitalized veterans, special provisions.

1. After entering upon the registration records, the application for registration of a resident or patient of a veterans health administration hospital as to whom the medical superintendent or medical head of such hospital has attested that [he or she] such medical superintendent or medical head of the hospital expects that [he or she] such veteran will not be discharged prior to the day following the next general or special village, primary, special, general or New York city community school board district or city of Buffalo school district election, and the application for registration by the spouse, parent or child of such resident or patient, accompanying or being with [him or her] them, if a qualified voter and a resident of the same election district, the board of elections, without further investigation and without further application by the applicant, shall send to [him or her] them at such hospital an absentee ballot and shall record in the signature column on the back of [his or her] their permanent personal registration poll record that such ballot has been sent.