Relates to the time period during which absentee ballots shall be mailed or delivered after an application for such ballot is received by the board of elections.
STATE OF NEW YORK
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516
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
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Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to the time period during
which absentee ballots shall be mailed or delivered after an applica-
tion for such ballot is received by the board of elections
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 chapter
2 296 of the laws of 1988, is amended to read as follows:
3 § 8-406. Absentee ballots, delivery of. If the board shall find that
4 the applicant is a qualified voter of the election district containing
5 his or her residence as stated in his or her statement and that his or
6 her statement is sufficient, it shall, as soon as practicable after it
7 shall have determined his or her right thereto, mail to him or her at an
8 address designated by him or her, or deliver to him or her, or to any
9 person designated for such purpose in writing by him or her, at the
10 office of the board, such an absentee voter's ballot or set of ballots
11 and an envelope therefor. Such mailing or delivery at the board of
12 elections shall occur no later than the forty-sixth day before the day
13 of the election if the application was received by the board at least
14 sixty days before the day of the election; and if the application was
15 received by the board after the sixtieth day before the day of the
16 election, but no later than the forty-sixth day before the day of the
17 election, the board shall mail or deliver at the board of elections the
18 absentee ballot no later than the forty-second day before the day of the
19 election; and if the application was received by the board after the
20 forty-sixth day before the day of the election, but no later than the
21 thirtieth day before the day of the election, the board shall mail or
22 deliver at the board of elections the absentee ballot within four days
23 of receiving the absentee ballot application; and if the application was
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03246-01-1
S. 516 2
1 received by the board after the thirtieth day before the day of the
2 election, but no later than the fifteenth day before the day of the
3 election, the board shall mail or deliver at the board of elections the
4 absentee ballot within three days of receiving the absentee ballot
5 application; and if the application was received by the board after the
6 fifteenth day before the day of the election but no later than the
7 seventh day before the day of the election, the board shall mail or
8 deliver at the board of elections the absentee ballot within two days
9 of receiving the absentee ballot application; and if the application
10 was received timely postmarked by mail after the seventh day before the
11 day of the election, the board shall make every reasonable effort to
12 mail or deliver at the board of elections the ballot on the day the
13 application is received; and if the application was delivered in person
14 after the seventh day before the day of the election and no later than
15 the day before the election, the board shall make every reasonable
16 effort to deliver the ballot at the board of elections on the day the
17 application is received. If the ballot or ballots are to be sent outside
18 of the United States to a country other than Canada or Mexico, such
19 ballot or ballots shall be sent by air mail. However, if an applicant
20 who is eligible for an absentee ballot is a resident of a facility oper-
21 ated 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
24 of section two thousand eight hundred one of the public health law, or a
25 resident of a hospital or other facility operated by the Veteran's
26 Administration of the United States, such absentee ballot need not be so
27 mailed or delivered to any such applicant but, may be delivered to the
28 voter in the manner prescribed by section 8-407 of this chapter if such
29 facility is located in the county or city in which such voter is eligi-
30 ble to vote.
31 § 2. This act shall take effect immediately.