STATE OF NEW YORK
________________________________________________________________________
4358
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. ZEBROWSKI, COLTON, STIRPE, GOODELL -- Multi-Spon-
sored by -- M. of A. LUPARDO -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to clarifying the quali-
fication to receive an absentee ballot and clarifying the process for
delivery of an absentee ballot
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8-406 of the election law, as amended by section 2
2 of part HH of chapter 55 of the laws of 2022, is amended to read as
3 follows:
4 § 8-406. Absentee ballots, delivery of. 1. If the board shall find
5 that the applicant is a qualified voter of the election district
6 containing his or her residence as stated in his or her statement and
7 that his or her statement is sufficient, it shall, as soon as practica-
8 ble after it shall have determined his or her right thereto, mail to him
9 or her at [an] the address [designated by him] from which the applicant
10 is registered to vote or a temporary address where he or she is current-
11 ly living, or deliver to him or her, or to any person designated for
12 such purpose in writing by him or her, at the office of the board, such
13 an absentee voter's ballot or set of ballots and an envelope therefor.
14 No person may be designated to receive more than two absentee ballots in
15 a given election. No person who is a candidate in the election in which
16 an applicant has requested the absentee ballot may be a person desig-
17 nated to receive ballots. If the ballot or ballots are to be sent
18 outside of the United States to a country other than Canada or Mexico,
19 such ballot or ballots shall be sent by air mail. However, if an appli-
20 cant who is eligible for an absentee ballot is a resident of a facility
21 operated or licensed by, or under the jurisdiction of, the department of
22 mental hygiene, or a resident of a facility defined as a nursing home or
23 residential health care facility pursuant to subdivisions two and three
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07004-01-3
A. 4358 2
1 of section two thousand eight hundred one of the public health law, or a
2 resident of a hospital or other facility operated by the Veteran's
3 Administration of the United States, such absentee ballot need not be so
4 mailed or delivered to any such applicant but, may be delivered to the
5 voter in the manner prescribed by section 8-407 of this chapter if such
6 facility is located in the county or city in which such voter is eligi-
7 ble to vote.
8 2. When mailing an absentee ballot to a voter the board of elections
9 shall provide a domestic postage paid return envelope. When providing an
10 absentee ballot to a voter in-person, the board of elections shall offer
11 the voter a domestic postage paid return envelope and provide one if
12 requested.
13 3. Prior to delivering an absentee ballot to a person designated by a
14 voter to receive such ballot, the local board of elections shall require
15 such person to fill out a certificate providing his or her name and
16 address, and to certify that he or she has not received the ballots of
17 more than two voters for such election and is not a candidate in the
18 given election cycle. Such certificate shall be provided by the state
19 board of elections and shall have the following language above the space
20 where such designated person places their signature: I CERTIFY THAT THE
21 INFORMATION IN THIS SIGNATURE IS TRUE AND CORRECT AND UNDERSTAND THAT
22 THIS CERTIFICATE WILL BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF
23 AN AFFIDAVIT AND, IF IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL
24 SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN. Such
25 certificate shall be accepted for all purposes as the equivalent of an
26 affidavit and if it contains a material false statement shall subject
27 the person signing it to the same penalties as if he or she had been
28 duly sworn.
29 § 2. This act shall take effect on the first of January next succeed-
30 ing the date on which it shall have become a law.
