S T A T E O F N E W Y O R K
________________________________________________________________________
516
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
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:
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 OR HER 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. SUCH MAILING OR DELIVERY AT THE BOARD OF
ELECTIONS SHALL OCCUR NO LATER THAN THE FORTY-SIXTH DAY BEFORE THE DAY
OF THE ELECTION IF THE APPLICATION WAS RECEIVED BY THE BOARD AT LEAST
SIXTY DAYS BEFORE THE DAY OF THE ELECTION; AND IF THE APPLICATION WAS
RECEIVED BY THE BOARD AFTER THE SIXTIETH DAY BEFORE THE DAY OF THE
ELECTION, BUT NO LATER THAN THE FORTY-SIXTH DAY BEFORE THE DAY OF THE
ELECTION, THE BOARD SHALL MAIL OR DELIVER AT THE BOARD OF ELECTIONS THE
ABSENTEE BALLOT NO LATER THAN THE FORTY-SECOND DAY BEFORE THE DAY OF THE
ELECTION; AND IF THE APPLICATION WAS RECEIVED BY THE BOARD AFTER THE
FORTY-SIXTH DAY BEFORE THE DAY OF THE ELECTION, BUT NO LATER THAN THE
THIRTIETH DAY BEFORE THE DAY OF THE ELECTION, THE BOARD SHALL MAIL OR
DELIVER AT THE BOARD OF ELECTIONS THE ABSENTEE BALLOT WITHIN FOUR DAYS
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
RECEIVED BY THE BOARD AFTER THE THIRTIETH DAY BEFORE THE DAY OF THE
ELECTION, BUT NO LATER THAN THE FIFTEENTH DAY BEFORE THE DAY OF THE
ELECTION, THE BOARD SHALL MAIL OR DELIVER AT THE BOARD OF ELECTIONS THE
ABSENTEE BALLOT WITHIN THREE DAYS OF RECEIVING THE ABSENTEE BALLOT
APPLICATION; AND IF THE APPLICATION WAS RECEIVED BY THE BOARD AFTER THE
FIFTEENTH DAY BEFORE THE DAY OF THE ELECTION BUT NO LATER THAN THE
SEVENTH DAY BEFORE THE DAY OF THE ELECTION, THE BOARD SHALL MAIL OR
DELIVER AT THE BOARD OF ELECTIONS THE ABSENTEE BALLOT WITHIN TWO DAYS
OF RECEIVING THE ABSENTEE BALLOT APPLICATION; AND IF THE APPLICATION
WAS RECEIVED TIMELY POSTMARKED BY MAIL AFTER THE SEVENTH DAY BEFORE THE
DAY OF THE ELECTION, THE BOARD SHALL MAKE EVERY REASONABLE EFFORT TO
MAIL OR DELIVER AT THE BOARD OF ELECTIONS THE BALLOT ON THE DAY THE
APPLICATION IS RECEIVED; AND IF THE APPLICATION WAS DELIVERED IN PERSON
AFTER THE SEVENTH DAY BEFORE THE DAY OF THE ELECTION AND NO LATER THAN
THE DAY BEFORE THE ELECTION, THE BOARD SHALL MAKE EVERY REASONABLE
EFFORT TO DELIVER THE BALLOT AT THE BOARD OF ELECTIONS ON THE DAY THE
APPLICATION IS RECEIVED. 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 applicant
who is eligible for an absentee ballot is a resident of a facility oper-
ated 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.
§ 2. This act shall take effect immediately.
