New York 2025-2026 Regular Session

New York Senate Bill S05346

Introduced
2/20/25  
Refer
2/20/25  

Caption

Provides that a qualified voter may receive an absentee ballot if such voter is unable to appear personally at the polling place of the election district in which such individual is a qualified voter because of a religious observance or practice.

Summary

S05346 would amend New York’s Election Law to add a new basis for absentee voting: a qualified voter who cannot appear in person at the polls because of a religious observance or practice would be eligible to receive an absentee ballot. The bill leaves the existing absentee categories in place, including absence from the county, illness or physical disability, caregiving responsibilities, hospitalization, veterans’ health administration facilities, and certain jail or prison situations, and simply adds religion-based inability to appear as another qualifying circumstance. The bill is prospective only and would take effect on January 1, 2026, applying to general, primary, run-off primary, and special elections held after that date. In practical terms, it would expand access to absentee voting for voters whose faith practices conflict with in-person voting on election day, and it would require election officials to administer and verify this additional eligibility category under the absentee ballot process.

Impact

This bill would amend section 8-400 of the Election Law, broadening the statutory grounds for absentee voting in New York. It would affect county boards of elections and other election administrators by requiring them to accept religious observance or practice as a valid reason for absentee ballot eligibility beginning in 2026. Voters whose religious commitments prevent in-person voting would gain a new legal pathway to vote absentee, while the rest of the absentee voting framework would remain unchanged.

Sentiment

The available record shows no committee transcript, vote tally, or recorded opposition, so there is no documented debate to gauge support or criticism. Based on the bill’s narrow purpose and the absence of recorded controversy, the measure appears to be a targeted access-to-voting proposal rather than a broadly contested election overhaul.

Contention

No specific points of contention are documented in the provided materials. If concerns were raised, they would likely center on how election officials would verify claims of religious observance, whether the new category could be subject to abuse, or whether the change should be handled through absentee voting versus another accommodation mechanism. However, none of those issues are reflected in the supplied transcripts or voting history.

Companion Bills

NY A02358

Same As Provides that a qualified voter may receive an absentee ballot if such voter is unable to appear personally at the polling place of the election district in which such individual is a qualified voter because of a religious observance or practice.

Previously Filed As

NY A02358

Provides that a qualified voter may receive an absentee ballot if such voter is unable to appear personally at the polling place of the election district in which such individual is a qualified voter because of a religious observance or practice.

NY HB31

Voting, absentee voting, disabled, blind, or voters unable to read may designate individual to deliver voter's absentee ballot application and absentee ballot to absentee election manager

NY SB855

Providing circumstances that qualified voter is authorized to vote absentee ballot by mail

NY HB5275

Providing the circumstances that a qualified voter is authorized to vote an absentee ballot by mail

NY A4934

Provides for qualified voters who are incarcerated to receive mail-in ballots.

NY S4240

Provides for qualified voters who are incarcerated to receive mail-in ballots.

NY AB599

Allowing voters to automatically receive absentee ballots for every election, eliminating the indefinitely confined voter status for receiving absentee ballots, and providing a penalty. (FE)

NY SB597

Allowing voters to automatically receive absentee ballots for every election, eliminating the indefinitely confined voter status for receiving absentee ballots, and providing a penalty. (FE)

NY CACR5

Relating to absentee ballots. Providing that no excuse shall be needed by the voter to receive an absentee ballot.

NY HB405

AN ACT relating to voters qualified for excused in-person absentee voting.

Similar Bills

No similar bills found.