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Wording of new state election law opens the door to absentee access

A viewer in Derby contacted 2 On Your Side after he says elections' employees told him that anyone can apply for an absentee ballot. We found out why.

BUFFALO, N.Y. — A new election law contains enough open-ended wording that anyone registered and verified by their local board of elections can vote absentee in June and November.

After a viewer in Derby contacted 2 On Your Side about his experience with the Erie County Board of Elections, Bob Catalano wanted to know why?

Catalano had thought he failed to meet the eight reasons listed to apply for a June absentee ballot, but was given one anyway.

The reason appears to be a law passed by both the New York State Assembly and State Senate (S8015D/A10833) which was signed by Gov. Andrew Cuomo last August. It added a new reason to apply for an absentee ballot.

It states, that in addition to reasons like being unavoidably absent on election day or limited by an illness or disability - any registered voter at "risk of contracting or spreading a disease that may cause illness to the voter or to other members of the public" can apply to vote absentee.

The law was passed when concerns about COVID-19 were at a heightened level and no vaccine existed. Even now, as case counts drop, the CDC says vaccinated individuals still have some risk of contracting the virus.

And that risk appears to be enough to continue, essentially, universal access to absentee ballots in New York.

The details of the law aren't stipulated on the Erie County Board of Elections website which only lists, preferring to vote by mail rather than in person due to the COVID-19 pandemic.

The Chautauqua County Board of Elections website also doesn't list the information.

New York's election website, however, does include the line about the "risk of contracting or spreading a communicable disease like COVID-19."

"I think that anybody who went to the website and read this would come to the same conclusion and I thought something is not right and so I called the Erie County Board of Elections and I spoke to a very nice lady and she said oh sure you're qualified anyone is qualified," Catalano told 2 On Your Side.

Catalano feels that if the law is being utilized it should also be advertised so that everyone has fair access to vote absentee... for now.

The law does expire at the start of next year, January 1, 2022, so it's only good for two more elections - the June 22 primary and the November general election on November 2.

While this absentee option is temporary, it may be a taste of what's to come in New York. A referendum on November's ballot could make "no excuse" or universal absentee voting a permanent part of the state's elections.

Referendums are voted on by every registered person in the state and require a simple majority (>50%) to pass. It would make any registered and verified voter eligible to vote by mail.

The deadline to request an absentee ballot online or by mail through the Erie County Board of Elections in this year's primary is June 15. Mailed requests must be postmarked by the same date.

In-person absentee requests can be made up until June 21 - just before election day.

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