Assembly Bill A1364

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1364
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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. Subdivision 1 of section 8-406  of  the  election  law,  as
 amended  by  section  2 of part HH of chapter 55 of the laws of 2022, is
 amended to read as follows:
   1. 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 ABSEN-
 TEE  BALLOT  APPLICATION;  AND  IF THE APPLICATION WAS RECEIVED   BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03094-01-3
              

 A. 1364                             2
 
 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 APPLICA-
 TION;  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.