STATE OF NEW YORK ________________________________________________________________________ 1501 2023-2024 Regular Sessions IN SENATE January 12, 2023 ___________ Introduced by Sens. GIANARIS, BAILEY, BRESLIN, BROUK, COONEY, GOUNARDES, HINCHEY, HOYLMAN-SIGAL, JACKSON, KENNEDY, MANNION, PARKER, SANDERS -- 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. 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. Such mailing 12 or delivery at the board of elections shall occur no later than 13 the forty-sixth day before the day of the election if the application 14 was received by the board at least sixty days before the day of the 15 election; and if the application was received by the board after the 16 sixtieth day before the day of the election, but no later than 17 the forty-sixth day before the day of the election, the board shall mail 18 or deliver at the board of elections the absentee ballot no later than 19 the forty-second day before the day of the election; and if the 20 application was received by the board after the forty-sixth day before 21 the day of the election, but no later than the thirtieth day before 22 the day of the election, the board shall mail or deliver at the board of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03094-01-3S. 1501 2 1 elections the absentee ballot within four days of receiving the absen- 2 tee ballot application; and if the application was received by the 3 board after the thirtieth day before the day of the election, but no 4 later than the fifteenth day before the day of the election, the 5 board shall mail or deliver at the board of elections the absentee 6 ballot within three days of receiving the absentee ballot applica- 7 tion; and if the application was received by the board after the 8 fifteenth day before the day of the election but no later than the 9 seventh day before the day of the election, the board shall mail or 10 deliver at the board of elections the absentee ballot within two days 11 of receiving the absentee ballot application; and if the application 12 was received timely postmarked by mail after the seventh day before the 13 day of the election, the board shall make every reasonable effort to 14 mail or deliver at the board of elections the ballot on the day the 15 application is received; and if the application was delivered in person 16 after the seventh day before the day of the election and no later than 17 the day before the election, the board shall make every reasonable 18 effort to deliver the ballot at the board of elections on the day the 19 application is received. If the ballot or ballots are to be sent outside 20 of the United States to a country other than Canada or Mexico, such 21 ballot or ballots shall be sent by air mail. However, if an applicant 22 who is eligible for an absentee ballot is a resident of a facility oper- 23 ated or licensed by, or under the jurisdiction of, the department of 24 mental hygiene, or a resident of a facility defined as a nursing home or 25 residential health care facility pursuant to subdivisions two and three 26 of section two thousand eight hundred one of the public health law, or a 27 resident of a hospital or other facility operated by the Veteran's 28 Administration of the United States, such absentee ballot need not be so 29 mailed or delivered to any such applicant but, may be delivered to the 30 voter in the manner prescribed by section 8-407 of this chapter if such 31 facility is located in the county or city in which such voter is eligi- 32 ble to vote. 33 § 2. This act shall take effect immediately.