NY Elec L § 8-400 (2021)
2021 New York Laws ELN - Election Article 8 - Conduct of Elections Title 4 - Absentee Voting 8-400 - Absentee Voting; Application for Ballot.

§  8-400.  Absentee  voting; application for ballot.  * 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, he or she expects to be:  (a) absent from the county of his or her residence, or, if a  resident of the city of New York absent from said city; or  (b)  unable  to appear personally at the polling place of the election district in which he or she is a qualified voter because of  illness  or physical disability or duties related to the primary care of one or more individuals  who  are  ill  or physically disabled, or because he or she will be or is a patient in a hospital, provided that,  for  purposes  of this  paragraph,  "illness"  shall  include,  but  not  be  limited  to, instances where a voter is unable to appear personally  at  the  polling place  of  the  election  district  in  which they are a qualified voter because there is a risk of contracting or spreading a disease  that  may cause illness to the voter or to other members of the public; or  (c)  a  resident  or  patient  of  a  veterans  health  administration hospital; or  (d) absent from his or her voting  residence  because  he  or  she  is detained  in  jail awaiting action by a grand jury or awaiting trial, or confined in jail or prison after a conviction for an offense other  than a  felony,  provided that he or she is qualified to vote in the election district of his or her residence.   * NB Effective until January 1, 2022   * 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, he or she expects to be:  (a)  absent from the county of his or her residence, or, if a resident of the city of New York absent from said city; or  (b) unable to appear personally at the polling place of  the  election district  in  which he or she is a qualified voter because of illness or physical disability or duties related to the primary care of one or more individuals who are ill or physically disabled, or  because  he  or  she will be or is a patient in a hospital; or  (c)  a  resident  or  patient  of  a  veterans  health  administration hospital; or  (d) absent from his or her voting  residence  because  he  or  she  is detained  in  jail awaiting action by a grand jury or awaiting trial, or confined in jail or prison after a conviction for an offense other  than a  felony,  provided that he or she is qualified to vote in the election district of his or her residence.   * NB Effective January 1, 2022   2. A qualified voter desiring to vote at such election as an  absentee voter  for  any  reason  specified  in  subdivision one hereof must make application for an absentee ballot on a form to be obtained and filed as provided herein or by letter  as  provided  in  paragraph  (d)  of  this subdivision.  (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 airmail.  Any  reference  to  "board  of  elections"  in  the  remaining provisions of this section, except with respect to  the  furnishing  and obtaining  of applications for absentee ballots, means only the board of elections of the county or city in which the applicant  is  a  qualified voter.  (b) Applications may be filed either with the board of elections or in person  with  the  board of inspectors of the election district in which the applicant is a qualified voter, on one  of  the  days  provided  for local registration.  (c)  All  applications  requesting  an absentee ballot by mail must be received by the board of elections not  later  than  the  fifteenth  day before  the election for which a ballot is first requested. Applications for an absentee ballot that will be delivered in person at the board  of elections  to  the voter or to an agent of the voter must be received by such board not later than the day before such election.   * (d) The board of elections shall mail an absentee  ballot  to  every qualified  voter  otherwise  eligible for such a ballot, when such voter requests an absentee ballot from such board of elections in writing in a letter, telefax indicating the address, phone  number  and  the  telefax number from which the writing is sent or other written instrument, or an electronic  application  submitted  by  the  voter by electronic mail or through an electronic transmittal system or web  portal  established  by the state board of elections or city or county board of elections, which is  received  by the board of elections not later than the fifteenth day before the election for which the ballot is first  requested  and  which states  the  address  where  the  voter is registered and the address to which the ballot is to be mailed; provided, however,  a  military  voter may  request  a  military ballot or voter registration application or an absentee ballot application in a letter as provided in subdivision three of section 10-106 of this  chapter;  and  provided  further,  a  special federal voter may request a special federal ballot or voter registration application or an absentee ballot application in a letter as provided in paragraph  d  of  subdivision one of section 11-202 of this chapter. The board of elections shall enclose with such ballot a form of  application for  absentee  ballot  if the applicant is registered with such board of elections.   * NB Effective until December 31, 2021   * (d) The board of elections shall mail an absentee  ballot  to  every qualified  voter otherwise eligible for such a ballot, who requests such an absentee ballot from such board of elections in writing in a  letter, telefax indicating the address, phone number and the telefax number from which  the  writing is sent or other written instrument, which is signed by the voter and received by the board of elections not later  than  the fifteenth  day  before  the  election  for  which  the  ballot  is first requested and which states the address where the voter is registered and the address to which the ballot is to be mailed;  provided,  however,  a military  voter  may  request  a  military  ballot or voter registration application or an absentee ballot application in a letter as provided in subdivision three of  section  10-106  of  this  chapter;  and  provided further, a special federal voter may request a special federal ballot or voter  registration  application  or an absentee ballot application in a letter as provided in paragraph d of subdivision one of  section  11-202 of this chapter. The board of elections shall enclose with such ballot a form  of  application for absentee ballot if the applicant is registered with such board of elections.    * NB Effective December 31, 2021   3.  The  application for an absentee ballot when filed must contain in each instance the following information:  (a) 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.  (b)  A  statement  that  the  applicant  is a qualified and registered voter.  (c) A statement, as appropriate, that on the day of such election  the applicant  expects  in  good  faith  to  be  in  one  of  the  following categories:  (i) absent from the county of his or her residence, or if  a  resident of the city of New York absent from said city; 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,  he  or  she  shall  state the dates when he or she expects to begin and end such absence; or  (ii) unable to appear  at  a  polling  place  because  of  illness  or physical disability or duties related to the primary care of one or more individuals who are ill or physically disabled; or  (iii)  a  resident  or  patient  of  a  veterans health administration hospital; or  (iv) detained in jail awaiting action by  a  grand  jury  or  awaiting trial  or  confined  in jail or prison after a conviction for an offense other than a felony and stating the place where he or she is so detained or confined.  (d) Such application shall  permit  the  applicant  to  apply  for  an absentee ballot for either a primary election or the general election in any  year  and  for  those  persons who will be continuously absent from their county of residence during the period  between  the  fall  primary election  and  the general election in any year to apply for ballots for both such elections in such year. A voter who applies  for  an  absentee ballot  shall  be  sent  an  absentee ballot for any special election or winter primary that occurs during the period of absence specified in the application.   4. A voter who claims permanent illness  or  physical  disability  may make  application  for  an  absentee  ballot and the right to receive an absentee ballot for each election thereafter as provided herein  without further   application,   by  filing  with  the  board  of  elections  an application which shall contain a statement to be executed by the voter. Upon filing of such application the board of elections shall  cause  the registration  records  of  the voter to be marked "Permanently Disabled" and thereafter  shall  send  an  absentee  ballot  for  each  succeeding primary,  special  or  general election to such voter at his or her last known address  by  first  class  mail  with  a  request  to  the  postal authorities  not to forward such ballot but to return it in five days in the event that it cannot be delivered to the addressee. The  mailing  of such  ballot  for  each  election  shall  continue  until  such  voter's registration is cancelled.   5. 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 purposes 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  had been duly sworn.   6.  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.   7. If a person entitled to an absentee ballot is unable  to  sign  his application  because  of  illness,  physical  disability or inability to read, he 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 application for an 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 his mark to this application in my presence and I know him to be the person who affixed his 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 application form furnished by the board of elections.   8. 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.    9. The provisions of this  section  for  absentee  voting  in  primary elections shall not apply to the party positions of members of the ward, town, city or county committee.   10.   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.