Senate Bill S7252

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7252
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 7, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 prohibiting the  deliv-
   ery  of  an  absentee ballot or an application therefore to an address
   associated with a candidate's campaign

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of  subdivision 2 of section 8-400 of the
 election law, as amended by chapter 481 of the laws of 2023, is  amended
 to read as follows:
   (d)  The  board  of  elections  shall mail an absentee ballot to every
 qualified voter otherwise eligible for such a ballot, who requests  such
 an  absentee ballot from such board of elections in writing in a letter,
 telefax indicating the address, phone number and the telefax number from
 which the writing is sent or other written instrument, or an  electronic
 application  submitted  by  the  voter  through  the electronic absentee
 ballot application transmittal system established by the state board  of
 elections,  which  is  signed  by the voter and received by the board of
 elections not later than the tenth day before the election for which the
 ballot is first requested and which states the address where  the  voter
 is  registered  and  the  address  to  which the ballot is to be mailed;
 provided, however, a military voter may request  a  military  ballot  or
 voter  registration  application  or an absentee ballot application in a
 letter as provided in subdivision three of section 10-106 of this  chap-
 ter;  [and]  provided  further,  a  special  federal voter may request a
 special federal ballot or voter registration application or an  absentee
 ballot application in a letter as provided in paragraph d of subdivision
 one  of  section 11-202 of this chapter; AND PROVIDED FURTHER, NO BALLOT
 APPLICATION  SHALL BE MAILED TO AN ADDRESS ASSOCIATED WITH A CANDIDATE'S
 CAMPAIGN. The board of elections shall enclose with such ballot  a  form
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11468-01-5
 S. 7252                             2
              

 
 of  application  for absentee ballot if the applicant is registered with
 such board of elections.
   § 2. 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] SUCH APPLICANT'S residence as
 stated in [his] SUCH APPLICANT'S statement and that [his]  THEIR  state-
 ment is sufficient, it shall, as soon as practicable after it shall have
 determined  [his]  SUCH APPLICANT'S right thereto, mail to [him] THEM at
 an address designated by [him] SUCH APPLICANT, or deliver to [him] THEM,
 or to any person designated for such purpose in writing  by  [him]  SUCH
 APPLICANT,  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 applicant 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 subdivi-
 sions two and three of section two thousand eight  hundred  one  of  the
 public  health  law, or a resident of a hospital or other facility oper-
 ated 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]  TITLE if such facility is located in the county or city
 in which such voter is eligible to vote.   NO  ABSENTEE  VOTER'S  BALLOT
 SHALL BE MAILED TO AN ADDRESS ASSOCIATED WITH A CANDIDATE'S CAMPAIGN.
   § 3. This act shall take effect immediately.