Bill Text: NY S09789 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that voters with a disability that interferes with the effective reading, writing, or use of printed material who apply for an accessible absentee ballot and are otherwise eligible to receive an absentee ballot shall be sent an accessible absentee ballot by accessible electronic system; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-05 - referred to election law [S09789 Detail]

Download: New_York-2023-S09789-Introduced.html

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                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.