S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5993
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to  voting  rights  expan-
   sion,  voter registration on election day, expansion of the use of and
   requirements for absentee voting, creation of a  real-time  state-wide
   voter  registration  database, special ballots for election employees,
   voter affidavits; and to repeal certain provisions of such law  relat-
   ing thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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 NOTWITH-
 STANDING 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 REGIS-
 TERED TO VOTE AT THE POLLING PLACE ON ELECTION DATE. THE VOTER MAY  THEN
 VOTE IN SUCH ELECTION. THE APPLICANT SHALL BE REQUIRED TO PRODUCE APPRO-
 PRIATE PROOF OF QUALIFICATIONS AS PROVIDED IN THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08782-02-1
              

 A. 5993                             2
 
   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, IF HE  OR  SHE  ELECTS  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  HIS  OR  HER  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 HE OR SHE
 IS NOT BEING SENT A BALLOT.
   4.  IF A PERSON VOTING BY ABSENTEE BALLOT IS UNABLE TO SIGN HIS OR HER
 SIGNATURE BECAUSE OF ILLNESS, PHYSICAL DISABILITY OR INABILITY TO  READ,
 HE  OR  SHE  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 PHYS-
 ICAL 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
 HIS OR HER MARK TO THIS APPLICATION IN MY PRESENCE AND I KNOW HIM OR HER
 TO  BE  THE  PERSON  WHO AFFIXED HIS OR HER 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 STATE-
 MENT, SHALL SUBJECT ME TO THE SAME PENALTIES  AS  IF  I  HAD  BEEN  DULY
 SWORN."
 
                     ....................
                   (SIGNATURE OF WITNESS)

 A. 5993                             3
 
                     ....................
                     (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 CHAIRMAN  OF  EACH  POLI-
 TICAL  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 APPLI-
 CATION, MAY REQUEST THAT THEIR ABSENTEE BALLOT BE MAILED TO THEM  AT  AN
 ADDRESS  OTHER  THAN THEIR PERMANENT ADDRESS, IF HE OR SHE EXPECTS 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 HIS 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
 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 HIS  OR  HER
 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 HIS OR HER RESIDENCE PROVIDED, HOWEV-
 ER, 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,  HE  OR  SHE  SHALL  STATE THE DATES WHEN HE OR SHE
 EXPECTS 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

 A. 5993                             4
 
 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  HE  OR
 SHE 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  ABBREVI-
 ATIONS  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 DELIV-
 ERED 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 HIS OR HER RESIDENCE AS STATED  IN  HIS
 OR  HER STATEMENT AND THAT HIS OR HER STATEMENT IS SUFFICIENT, IT SHALL,
 AS SOON AS PRACTICABLE AFTER IT SHALL HAVE DETERMINED HIS OR  HER  RIGHT
 THERETO,  MAIL  TO HIM OR HER AT AN ADDRESS DESIGNATED BY HIM OR HER, OR
 DELIVER TO HIM OR HER, OR TO ANY PERSON DESIGNATED FOR SUCH  PURPOSE  IN
 WRITING  BY  HIM  OR  HER,  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 JURISDIC-
 TION  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.

 A. 5993                             5
 
   1. After entering upon the registration records, the  application  for
 registration  of  a  resident  or  patient of a veterans health adminis-
 tration hospital as to whom the medical superintendent or  medical  head
 of  such  hospital  has attested that he or she 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, 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  at  such
 hospital  an absentee ballot and shall record in the signature column on
 the back of his or her permanent personal registration poll record  that
 such ballot has been sent.
   (a)  Any  voter  who is duly registered and whose registration records
 are marked "Hospitalized Veteran" or "Hospitalized  Veteran's  Relative"
 need  not thereafter make application for an absentee ballot. Sixty days
 before each election, the board of elections shall compile  and  send  a
 list  to  each  veterans health administration hospital of all residents
 and patients of veterans health administration hospitals who  appear  by
 the  records  of  such  board  to be "hospitalized veterans" entitled to
 receive  absentee  ballots  at  each  such  hospital  pursuant  to   the
 provisions of this section. Each veterans health administration hospital
 shall  no  later  than  fifteen days following the receipt of such list,
 return it with notations made thereon showing whether  the  resident  or
 patient  continues  to be confined therein or has been discharged there-
 from. Upon the receipt of such returned list from each  veterans  health
 administration hospital with the proper notations showing that a "hospi-
 talized veteran" continues to be confined in such hospital, the board of
 elections,  by  mail  addressed to such "hospitalized veteran" at his or
 her last known hospital address and by mail addressed to such "hospital-
 ized veteran's relative" at his or her last known address shall send  an
 absentee  ballot for the ensuing election to such "hospitalized veteran"
 and such "hospitalized veteran's relative" [an absentee  ballot  in  the
 same  manner  as provided in this section for a qualified voter entitled
 to an absentee ballot because of permanent disability]. The board  shall
 record  on  the back of his or her registration poll record in the space
 reserved for his or her signature at such election, the fact  that  such
 ballot has been sent.
   (b)  If  the  returned  list  from a veterans' administration hospital
 contains a notation showing that a "hospitalized veteran" is no longer a
 resident or patient at the veterans health administration hospital where
 he or she is recorded as staying, or if such letter containing an absen-
 tee voter's ballot for  a  "hospitalized  veteran"  or  a  "hospitalized
 veteran's relative" is returned by the post office as undeliverable, the
 board of elections shall ascertain whether the "hospitalized veteran" or
 "hospitalized  veteran's  relative"  is residing at the address given on
 his or her registration records as his or her permanent address.  If  he
 or  she  is  residing  there, the board shall [not] send him or her [any
 further absentee ballots unless he or she applies therefor in the  regu-
 lar way] AN ABSENTEE BALLOT AT SUCH ADDRESS.  If he or she is not resid-
 ing  at  the place of residence given on his or her registration records
 but the board ascertains that he or she has been transferred to  another
 veterans health administration hospital, the board shall cause a central
 board of registration to make the necessary changes of temporary address

 A. 5993                             6
 
 on his or her registration records and shall continue sending him or her
 absentee ballots at the veterans health administration hospital where he
 or  she  is  staying. If he or she is not residing at the place of resi-
 dence  given  on  his  or  her registration records and the board cannot
 ascertain that he or she has been transferred to another veterans health
 administration hospital, the board shall cancel his or her registration.
 Whenever a registration is cancelled pursuant to this  paragraph  notice
 shall  be  mailed  to  the  veteran or his or her relative at his or her
 permanent residence address and last temporary address.
   2. The board of elections shall furnish to each party county  chairman
 in such county a list of the names and residence addresses of the hospi-
 talized  veterans  and hospitalized veterans' relatives to whom absentee
 ballots have been sent.
   3. Such  ballots  shall  be  mailed,  voted,  returned,  counted,  and
 canvassed  as  provided  in  this  chapter  for  other  absentee voters'
 ballots.
   § 5. Section 8-406 of the election law, as amended by chapter  296  of
 the laws of 1988, is amended to read as follows:
   § 8-406. Absentee ballots, delivery of. [If the] THE board shall [find
 that  the  applicant  is  a  qualified  voter  of  the election district
 containing his residence as stated in his statement and that his  state-
 ment is sufficient, it shall, as soon as practicable after it shall have
 determined  his  right  thereto,]  mail  to [him] ALL VOTERS AN ABSENTEE
 BALLOT AND AN ENVELOPE at [an] THE PERMANENT address designated [by him,
 or deliver to him, or to any person designated for such purpose in writ-
 ing by him, at the office of the board, such an absentee voter's  ballot
 or set of ballots and an envelope therefor] ON SUCH VOTER'S REGISTRATION
 RECORDS.  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]  A  VOTER  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 resi-
 dential 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 [chapter]  TITLE
 if such facility is located in the county or city in which such voter is
 eligible to vote.
   § 6. Section 8-407 of the election law, as added by chapter 296 of the
 laws  of 1988, subdivisions 1, 3 and 15 as amended by chapter 195 of the
 laws of 2001, and subdivision 6 as amended by chapter 326 of the laws of
 1989, is amended to read as follows:
   § 8-407. Voting by residents of nursing homes, residential health care
 facilities, facilities operated or licensed, or under  the  jurisdiction
 of, the department of mental hygiene or hospitals or facilities operated
 by  the  Veteran's  Administration of the United States. 1. The board of
 elections of a county or city in which there is  located  at  least  one
 facility operated or licensed, or under the jurisdiction of, the depart-
 ment of mental hygiene, or a facility defined as a nursing home or resi-
 dential  health  care facility pursuant to subdivisions two and three of
 section two thousand eight hundred one of the public health  law  or  an
 adult  care  facility  subject to the provisions of title two of article
 seven of the social services law, or a hospital or other facility  oper-

 A. 5993                             7
 
 ated  by the Veteran's Administration of the United States shall provide
 [that] residents of  each  such  facility  [for  which  such  board  has
 received  twenty-five  or  more applications for] absentee ballots [from
 voters who are eligible to vote by absentee ballot in such city or coun-
 ty  at  such  election,  may vote by absentee ballot only] in the manner
 provided for in this  section.  [Such  board  may,  in  its  discretion,
 provide that the procedure described in this subdivision shall be appli-
 cable  to  all  such facilities in such county or city without regard to
 the number of absentee ballot applications received from  the  residents
 of any such facility.]
   2.  Such  a  board  of  elections shall appoint, in the same manner as
 other inspectors, one or more bi-partisan  boards  of  inspectors,  each
 composed  of two such inspectors. Such inspectors may be regular employ-
 ees of such board of elections.
   3. Not earlier than thirteen days before or later than the day  before
 such  an election such a board of inspectors shall, between the hours of
 nine o'clock in the morning and five o'clock in the evening,  attend  at
 each  such  facility  for the residents [of which the board of elections
 has custody of twenty-five or more absentee ballots or, if the board  of
 elections  has  so  provided, each such facility for which the board has
 custody of one or more such absentee ballots, pursuant to the provisions
 of this chapter].
   4. Each such board of inspectors may attend at more than one facility,
 provided, however, that no such board of inspectors shall be assigned to
 attend at more facilities than it reasonably can be expected to complete
 within the time specified by this section.
   5. The board of elections shall deliver to each  board  of  inspectors
 all  [the]  absentee  ballots [in the custody of such board of elections
 which are addressed to] FOR residents of the facilities which such board
 of inspectors is assigned to attend, together with one or more  portable
 voting  booths  of  a  type approved by the state board of elections and
 such other  supplies  as  such  board  of  inspectors  will  require  to
 discharge its duties properly.
   6.  The  board  of  elections,  at  least twenty days before each such
 election, [or on the day after it  shall  have  received  the  requisite
 number  of  applications  for absentee ballots from the residents of any
 such facility, whichever is later,] shall communicate  with  the  super-
 intendent,  administrator  or  director of each such facility to arrange
 the day and time when the board of inspectors will attend at such facil-
 ity. The board of elections shall keep a list of the  day  and  time  at
 which  the  board  of  inspectors will attend at each such facility as a
 public record at its office.
   7. It shall be the duty of each such superintendent, administrator  or
 director  to  assist  the board of inspectors attending such facility in
 the discharge of its duties, including, but not limited to making avail-
 able to such board of inspectors space within such facility suitable for
 the discharge of its duties.
   8. The  board  of  inspectors  shall  deliver  [each  absentee  ballot
 addressed to a resident of each such facility to such resident] ABSENTEE
 BALLOTS FOR RESIDENTS TO ALL FACILITIES. If [such] ANY resident is phys-
 ically  disabled  the inspectors shall, if necessary, deliver the ballot
 to such voter at his OR HER bedside.
   9. The board of inspectors shall arrange the portable voting booth  or
 booths  provided  and  effect  such  safeguards  as  may be necessary to
 provide secrecy for the votes cast by such residents.

 A. 5993                             8
 
   10. If such a resident is unable to mark his OR HER ballot, he OR  SHE
 may  be  assisted in marking such ballot by the two members of the board
 of inspectors or such other person as he  may  select.  If  a  voter  is
 unable to mark the ballot and unable to communicate how he OR SHE wishes
 such ballot marked, such ballot shall not be cast. No person who assists
 a  voter  to mark his ballot pursuant to the provisions of this section,
 shall disclose to any other person how any such ballot was marked.
   11. [Except as otherwise provided in this section,  all  ballots  cast
 pursuant  to  this  section shall be cast in the manner provided by this
 chapter for the casting of absentee ballots.
   12.] After such ballots have been cast and sealed in  the  appropriate
 envelopes, they shall be returned to such inspectors.
   [13.] 12. Upon completion of its duties, the board of inspectors shall
 forthwith return all such ballots to the board of elections.
   [14.] 13. Any person, political committee or independent body entitled
 to appoint watchers for the election district in which any such facility
 is  located  [at the election for which such absentee ballots are cast,]
 shall be entitled to appoint a watcher to attend such board  of  inspec-
 tors at such facility.
   [15.]  14. All ballots cast pursuant to the provisions of this section
 which are received before the close of the polls on election day by  the
 board  of elections charged with the duty of casting and canvassing such
 ballots, may be delivered to the inspectors of election  in  the  manner
 prescribed  by  this  chapter  or retained at the board of elections and
 cast and canvassed pursuant to the provisions of section 9-209  of  this
 chapter  as  such  board shall, in its discretion, determine pursuant to
 the provisions of subdivision one of this section.
   § 7. Section 8-410 of the election law, as amended by chapter  352  of
 the laws of 1986, is amended to read as follows:
   §  8-410. Absentee voting; method of. The absentee voter shall mark an
 absentee ballot as provided for paper ballots or  ballots  prepared  for
 counting  by  ballot  counting machines. He OR SHE shall make no mark or
 writing whatsoever upon the ballot,  except  as  above  prescribed,  and
 shall see that it bears no such mark or writing. He OR SHE shall make no
 mark  or  writing whatsoever on the outside of the ballot. After marking
 the ballot or ballots he OR SHE shall fold each such ballot and  enclose
 them  in  the envelope and seal the envelope.  He OR SHE shall then take
 and subscribe the oath on the envelope, with blanks properly filled  in.
 The  envelope, containing the ballot or ballots, shall then be mailed or
 delivered to the board of elections of the county or city of his OR  HER
 residence.
   § 8. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 140 of the laws of 2020, is amended to read as follows:
   1. The board of elections shall cause all absentee ballots received by
 it  before  the  close  of  the  polls  on  election day and all ballots
 contained in envelopes showing a cancellation mark of the United  States
 postal service or a foreign country's postal service, or showing a dated
 endorsement  of  receipt  by another agency of the United States govern-
 ment, with a date which is ascertained to be not later than the  day  of
 the  election  and  received  by  such board of elections not later than
 seven days following the day of election to be cast and counted  [except
 that the absentee ballot of a voter who requested such ballot by letter,
 rather than application, shall not be counted unless a valid application
 form,  signed  by such voter, is received by the board of elections with
 such ballot]. For purposes of this section, any absentee ballot received
 by the board of elections by mail that does not bear or display a  dated

 A. 5993                             9
 
 postmark  shall  be  presumed to have been timely mailed or delivered if
 such ballot bears a time stamp of the receiving board of elections indi-
 cating receipt by such board on the day after the election.
   § 9. The election law is amended by adding a new section 5-714 to read
 as follows:
   §  5-714.  COMPUTERIZED  STATEWIDE VOTER REGISTRATION LIST. 1. THE NEW
 YORK STATE BOARD OF ELECTIONS SHALL, WITHIN ONE YEAR  OF  THE  EFFECTIVE
 DATE  OF  THIS  SECTION  IMPLEMENT,  IN  A UNIFORM AND NONDISCRIMINATORY
 MANNER, A SINGLE, UNIFORM, OFFICIAL, CENTRALIZED, INTERACTIVE, COMPUTER-
 IZED STATEWIDE VOTER REGISTRATION DATABASE SYSTEM.  SUCH DATABASE SYSTEM
 SHALL BE DEFINED, MAINTAINED, AND ADMINISTERED AT THE  STATE  LEVEL  AND
 SHALL  CONTAIN  THE  VOTER  REGISTRATION LISTS MAINTAINED BY EACH COUNTY
 BOARD OF ELECTIONS. FURTHER, SUCH DATABASE SYSTEM SHALL CONTAIN THE NAME
 AND REGISTRATION INFORMATION OF EVERY LEGALLY REGISTERED  VOTER  IN  THE
 STATE  AND  SHALL  ASSIGN A UNIQUE IDENTIFIER TO EACH LEGALLY REGISTERED
 VOTER. THE SINGLE, UNIFORM, OFFICIAL, CENTRALIZED, INTERACTIVE,  COMPUT-
 ERIZED  STATEWIDE  VOTER  REGISTRATION  DATABASE SYSTEM REQUIRED BY THIS
 SECTION SHALL BE REFERRED TO AS THE "CENTRALIZED STATEWIDE  REGISTRATION
 SYSTEM".
   2.  THE CENTRALIZED STATEWIDE REGISTRATION SYSTEM AND THE COMPUTERIZED
 STATEWIDE VOTER REGISTRATION LIST SHALL  BE  FULLY  COMPLIANT  WITH  ALL
 APPLICABLE  REQUIREMENTS  SPECIFIED  IN SECTION 303 OF THE FEDERAL "HELP
 AMERICA VOTE ACT OF 2002", PUB.L. 107-252, CODIFIED AT  42  U.S.C.  SEC.
 15301  ET  SEQ  AND SHALL MEET ALL APPLICABLE PRIVACY REQUIREMENTS UNDER
 THIS CHAPTER.
   3. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION EACH  COUNTY
 BOARD  OF  ELECTIONS  SHALL  MAINTAIN  VOTER REGISTRATION INFORMATION BY
 UTILIZING THE CENTRALIZED STATEWIDE  REGISTRATION  SYSTEM  DEVELOPED  OR
 ACQUIRED  BY  THE STATE BOARD OF ELECTIONS UNDER SUBDIVISION ONE OF THIS
 SECTION. PRIOR TO THE IMPLEMENTATION OF THE COMPUTERIZED STATEWIDE VOTER
 REGISTRATION LIST REQUIRED BY SUBDIVISION ONE OF THIS  SECTION,  IF  THE
 COUNTY  CHOOSES  TO  MAINTAIN  VOTER REGISTRATION INFORMATION ON ITS OWN
 COMPUTER SYSTEM, THE INFORMATION REQUIRED BY LAW TO  BE  TRANSMITTED  TO
 THE  NEW  YORK  STATE BOARD OF ELECTIONS SHALL BE TRANSMITTED IN A MEDIA
 FORMAT ACCEPTABLE TO THE NEW YORK STATE BOARD OF  ELECTIONS  AND  WITHIN
 THE TIME PRESCRIBED BY THE NEW YORK STATE BOARD OF ELECTIONS.
   4.  (A) THE CENTRALIZED STATEWIDE REGISTRATION SYSTEM SHALL ENABLE THE
 STATE BOARD OF ELECTIONS TO MAINTAIN VOTER REGISTRATION INFORMATION  AND
 SHALL INCLUDE SUCH ADDITIONAL CAPABILITIES AS MAY BE NECESSARY OR DESIR-
 ABLE  TO  ENABLE  THE  COUNTY BOARDS OF ELECTIONS AND THE STATE BOARD OF
 ELECTIONS TO CARRY OUT THEIR RESPONSIBILITIES RELATED TO THE CONDUCT  OF
 ELECTIONS.  SUCH  ADDITIONAL  CAPABILITIES  MAY  INCLUDE BUT NEED NOT BE
 LIMITED TO THE PREPARATION OF  BALLOTS,  THE  IDENTIFICATION  OF  VOTING
 DISTRICTS  FOR EACH ADDRESS, ACCESS BY COUNTY BOARDS OF ELECTIONS TO THE
 MASTER LIST OF REGISTERED ELECTORS.
   (B) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION THE COMPUT-
 ERIZED STATEWIDE VOTER REGISTRATION LIST  MAINTAINED  PURSUANT  TO  THIS
 SECTION SHALL ALLOW FOR:
   (I)  THE  MANAGEMENT  OF ABSENTEE BALLOTS, THE PREPARATION OF OFFICIAL
 ABSTRACTS OF VOTES CAST, THE TRANSMISSION OF  VOTING  DATA  FROM  COUNTY
 BOARDS  OF  ELECTION  TO  THE STATE BOARD OF ELECTIONS, AND REPORTING OF
 VOTING RESULTS ON ELECTION NIGHT; AND
   (II) ACCESS TO THE DIGITIZED SIGNATURES OF ELECTORS IN THE CENTRALIZED
 STATEWIDE REGISTRATION SYSTEM FOR THE PURPOSE OF COMPARING AN  ELECTOR'S
 SIGNATURE  IN THE SYSTEM WITH THE SIGNATURE ON THE RETURN ENVELOPE OF AN
 ABSENTEE BALLOT, INCLUDING BY USING A SIGNATURE VERIFICATION.

 A. 5993                            10
 
   5. (A)  SUBJECT  TO  AVAILABLE  APPROPRIATIONS,  THE  STATE  BOARD  OF
 ELECTIONS IS RESPONSIBLE FOR THE COST OF ACQUIRING COMPUTER HARDWARE AND
 PROVIDING  NECESSARY TRAINING FOR THE CENTRALIZED STATEWIDE REGISTRATION
 SYSTEM. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE  RULES  SPECIFYING
 WHETHER  SUCH  HARDWARE IS OWNED BY THE STATE OR THE COUNTIES OR WHETHER
 AND TO WHAT EXTENT OWNERSHIP MAY BE SHARED BETWEEN  THE  STATE  AND  THE
 COUNTIES.  IF  THE  STATE PROVIDES SYSTEM HARDWARE TO ANY COUNTY, IT MAY
 TRANSFER OWNERSHIP OF THE HARDWARE TO THAT COUNTY. THE  STATE  BOARD  OF
 ELECTIONS MAY PROMULGATE RULES PROVIDING THAT THE COUNTY SHALL BE SOLELY
 RESPONSIBLE  FOR THE SUPPORT AND MAINTENANCE OF THE HARDWARE PROVIDED TO
 THE COUNTIES.
   (B) WITHIN FOUR YEARS OF THE EFFECTIVE DATE OF THIS SECTION THE  STATE
 BOARD  OF  ELECTIONS  SHALL  MAKE THE CENTRALIZED STATEWIDE REGISTRATION
 SYSTEM  SOFTWARE  AVAILABLE  AT  NO  CHARGE  TO  EACH  COUNTY  BOARD  OF
 ELECTIONS.
   (C)  AS  SOON  AS  PRACTICABLE, THE DEPARTMENT OF STATE SHALL MAKE THE
 MASTER LIST OF REGISTERED ELECTORS AVAILABLE AT NO CHARGE ON THE  INTER-
 NET TO COUNTY BOARDS OF ELECTION. THIS SECTION SHALL NOT BE CONSTRUED TO
 REQUIRE THE STATE TO PROVIDE OR PAY FOR INTERNET CONNECTION SERVICES FOR
 ANY COUNTY.
   § 10. Section 11-302 of the election law, as amended by chapter 257 of
 the laws of 2019, is amended to read as follows:
   §  11-302.  Special  ballots for board of election employees. A person
 who is an employee of the board of elections or who has  been  appointed
 to  serve as an inspector of elections, poll clerk or election coordina-
 tor at a polling place other than the one at which he or she  is  regis-
 tered to vote, may deliver to the inspectors of election of the election
 district in which he or she is registered, or to the board of elections,
 at  any  time  during the period in which an application for an absentee
 ballot may be so delivered pursuant to the provisions of this chapter, a
 written statement that he or she will be unable to appear at the polling
 place for such election district on the day of an election  because  his
 or  her  duties  as  an  employee of such board or as an inspector, poll
 clerk or election coordinator require him or her to  be  elsewhere.  The
 board  of  elections  shall provide such voter a special ballot any time
 prior to the close of the polls on election day, provided  however  that
 the distribution of such ballots to such voters shall be timed to afford
 such  voters  sufficient time to cast such ballots prior to the close of
 the polls on election day.   ABSENT  AFFIRMATIVE  PROOF  OF  FRAUD  SUCH
 BALLOTS  SHALL  BE  PRESUMED  VALID  AND  CAST. Such cast ballots may be
 delivered to an office of such board of elections or  to  any  board  of
 inspectors  not  later than the close of the polls on election day. Such
 ballots shall be retained  at  the  board  of  elections  and  cast  and
 canvassed pursuant to the provisions of section 9-209 of this chapter.
   §  11.  Subparagraph (ii) of paragraph (e) of subdivision 3 of section
 8-302 of the election law, as amended by section 8 of part XX of chapter
 55 of the laws of 2019, is amended to read as follows:
   (ii) He or she may swear to and subscribe an affidavit stating that he
 or she has duly  registered  to  vote,  the  address  in  such  election
 district  from which he or she registered, that he or she remains a duly
 qualified voter in such election district, that his or her  registration
 poll  record  appears  to  be  lost or misplaced or that his or her name
 and/or his or her signature was  omitted  from  the  computer  generated
 registration  list or such record indicates the voter already voted when
 he or she did not do so or that he or she  has  moved  within  New  York
 state since he or she last registered, [the address from which he or she

 A. 5993                            11

 was  previously registered and] the address at which he or she currently
 resides, and at a primary election, the party in  which  he  or  she  is
 enrolled.  The  inspectors  of election shall offer such an affidavit to
 each  such  voter  whose residence address is in such election district.
 Each such affidavit shall SUBSTANTIALLY COMPLY WITH AND  be  in  a  form
 prescribed  by  the  state  board  of  elections, shall be printed on an
 envelope of the size and quality used for an absentee  ballot  envelope,
 and  shall  contain  an acknowledgment that the affiant understands that
 any false statement made therein is perjury punishable according to law.
 Such form prescribed by the  state  board  of  elections  shall  request
 information  required  to  register  such  voter should the county board
 determine that such voter is not  registered  and  shall  constitute  an
 application  to  register  to  vote.  The  voter's  name and the entries
 required shall then be entered without delay and without further inquiry
 in the fourth section of the challenge report or in the  place  provided
 in  the computer generated registration list, with the notation that the
 voter has executed the affidavit hereinabove  prescribed,  or,  if  such
 person's  name appears in such registration list, the board of elections
 may provide a place to make such entry next to his or her name  in  such
 list.  The  voter  shall  then, without further inquiry, be permitted to
 vote an affidavit ballot provided for by this chapter. Such ballot shall
 thereupon be placed in the envelope containing his or her affidavit, and
 the envelope sealed and returned to the board of elections in the manner
 provided by this chapter for protested  official  ballots,  including  a
 statement of the number of such ballots.
   § 12. This act shall take effect immediately.