Bill Text: NY S00516 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the time period during which absentee ballots shall be mailed or delivered after an application for such ballot is received by the board of elections.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO ELECTIONS [S00516 Detail]

Download: New_York-2021-S00516-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           516

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (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:

     1    Section  1.  Section  8-406 of the election law, as amended by chapter
     2  296 of the laws of 1988, is amended to read as follows:
     3    § 8-406. Absentee ballots, delivery of. If the board shall  find  that
     4  the  applicant  is a qualified voter of the election district containing
     5  his or her residence as stated in his or her statement and that  his  or
     6  her  statement  is sufficient, it shall, as soon as practicable after it
     7  shall have determined his or her right thereto, mail to him or her at an
     8  address designated by him or her, or deliver to him or her,  or  to  any
     9  person  designated  for  such  purpose  in writing by him or her, at the
    10  office of the board, such an absentee voter's ballot or set  of  ballots
    11  and  an  envelope  therefor.  Such  mailing  or delivery at the board of
    12  elections shall occur no later than the forty-sixth day before  the  day
    13  of  the  election  if the application was received by the board at least
    14  sixty days before the day of the election; and if  the  application  was
    15  received  by  the  board  after  the  sixtieth day before the day of the
    16  election, but no later than the forty-sixth day before the  day  of  the
    17  election,  the board shall mail or deliver at the board of elections the
    18  absentee ballot no later than the forty-second day before the day of the
    19  election; and if the application was received by  the  board  after  the
    20  forty-sixth  day  before  the day of the election, but no later than the
    21  thirtieth day before the day of the election, the board  shall  mail  or
    22  deliver  at  the board of elections the absentee ballot within four days
    23  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

     1  received by the board after the thirtieth day  before  the  day  of  the
     2  election,  but  no  later  than  the fifteenth day before the day of the
     3  election, the board shall mail or deliver at the board of elections  the
     4  absentee  ballot  within  three  days  of  receiving the absentee ballot
     5  application; and if the application was received by the board after  the
     6  fifteenth  day  before  the  day  of  the election but no later than the
     7  seventh day before the day of the election,  the  board  shall  mail  or
     8  deliver  at  the board of elections the absentee ballot within two  days
     9  of  receiving  the absentee  ballot application; and if the  application
    10  was  received timely postmarked by mail after the seventh day before the
    11  day of the election, the board shall make  every  reasonable  effort  to
    12  mail  or  deliver  at  the  board of elections the ballot on the day the
    13  application is received; and if the application was delivered in  person
    14  after  the  seventh day before the day of the election and no later than
    15  the day before the election,  the  board  shall  make  every  reasonable
    16  effort  to  deliver  the ballot at the board of elections on the day the
    17  application is received. If the ballot or ballots are to be sent outside
    18  of the United States to a country other  than  Canada  or  Mexico,  such
    19  ballot  or  ballots  shall be sent by air mail. However, if an applicant
    20  who is eligible for an absentee ballot is a resident of a facility oper-
    21  ated or licensed by, or under the jurisdiction  of,  the  department  of
    22  mental hygiene, or a resident of a facility defined as a nursing home or
    23  residential  health care facility pursuant to subdivisions two and three
    24  of section two thousand eight hundred one of the public health law, or a
    25  resident of a hospital or  other  facility  operated  by  the  Veteran's
    26  Administration of the United States, such absentee ballot need not be so
    27  mailed  or  delivered to any such applicant but, may be delivered to the
    28  voter in the manner prescribed by section 8-407 of this chapter if  such
    29  facility  is located in the county or city in which such voter is eligi-
    30  ble to vote.
    31    § 2. This act shall take effect immediately.