The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9376
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Election Law
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03246-01-1
 A. 9376                             2
 
 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.