S T A T E O F N E W Y O R K
________________________________________________________________________
4569
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to the mailing or delivery
of absentee ballots
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 8-406 of the election law, as amended by chapter
296 of the laws of 1988, is amended to read as follows:
§ 8-406. Absentee ballots, delivery of. If the board shall find that
the applicant is a qualified voter of the election district containing
his OR HER residence as stated in his OR HER statement and that his OR
HER statement is sufficient, it shall, as soon as practicable after it
shall have determined his right thereto, mail to him OR HER at an
address designated by him OR HER, or deliver to him OR HER, or to any
person designated for such purpose in writing by him OR HER, at the
office of the board, such an absentee voter's ballot or set of ballots
and an envelope therefor. If the ballot or ballots are to be sent
outside of the United States to a country other than Canada or Mexico,
such ballot or ballots shall be sent by air mail. However, if an appli-
cant who is eligible for an absentee ballot is a resident of a facility
operated or licensed by, or under the jurisdiction of, the department of
mental hygiene, or a resident of a facility defined as a nursing home or
residential health care facility pursuant to subdivisions two and three
of section two thousand eight hundred one of the public health law, or a
resident of a hospital or other facility operated by the Veteran's
Administration of the United States, such absentee ballot need not be so
mailed or delivered to any such applicant but, may be delivered to the
voter in the manner prescribed by section 8-407 of this chapter if such
facility is located in the county or city in which such voter is eligi-
ble to vote. NO ABSENTEE BALLOT SHALL BE MAILED OR DELIVERED TO A VOTER
UNLESS SUCH VOTER SPECIFICALLY REQUESTS TO RECEIVE AN ABSENTEE BALLOT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03643-01-1