Bill Text: NY A03985 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that absentee ballots shall not be mailed or delivered to a voter unless such voter has specifically requested to receive an absentee ballot.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced) 2024-01-03 - referred to election law [A03985 Detail]

Download: New_York-2023-A03985-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3985

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        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:

     1    Section  1.  Subdivision  1  of  section 8-406 of the election law, as
     2  amended by section 2 of part HH of chapter 55 of the laws  of  2022,  is
     3  amended to read as follows:
     4    1.  If the board shall find that the applicant is a qualified voter of
     5  the election district containing his or her residence as stated  in  his
     6  or  her statement and that his or her statement is sufficient, it shall,
     7  as soon as practicable after it shall have determined his or  her  right
     8  thereto,  mail  to him or her at an address designated by him or her, or
     9  deliver to him or her, or to any person designated for such  purpose  in
    10  writing  by  him  or  her,  at the office of the board, such an absentee
    11  voter's ballot or set of ballots and an envelope therefor. If the ballot
    12  or ballots are to be sent outside of the  United  States  to  a  country
    13  other than Canada or Mexico, such ballot or ballots shall be sent by air
    14  mail.    However, if an applicant who is eligible for an absentee ballot
    15  is a resident of a facility operated or licensed by, or under the juris-
    16  diction of, the department of mental hygiene, or a resident of a facili-
    17  ty defined as a nursing home or residential health care facility  pursu-
    18  ant  to subdivisions two and three of section two thousand eight hundred
    19  one of the public health law, or a  resident  of  a  hospital  or  other
    20  facility operated by the [Veteran's Administration of the United States]
    21  United  States Department of Veterans Affairs, such absentee ballot need
    22  not be so mailed or delivered to any such applicant but, may  be  deliv-
    23  ered  to  the  voter  in  the manner prescribed by section 8-407 of this
    24  chapter if such facility is located in the county or city in which  such
    25  voter is eligible to vote.  No absentee ballot shall be mailed or deliv-
    26  ered  to  a  voter unless such voter specifically requests to receive an
    27  absentee ballot.
    28    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07296-01-3