Bill Text: NY A03500 | 2019-2020 | General Assembly | Introduced


Bill Title: Clarifies the qualification to receive an absentee ballot and clarifies the process for delivery of an absentee ballot.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced) 2019-01-29 - referred to election law [A03500 Detail]

Download: New_York-2019-A03500-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3500
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A. ZEBROWSKI, COLTON, JAFFEE, STIRPE, GOODELL --
          Multi-Sponsored by -- M. of  A.  CROUCH,  LUPARDO  --  read  once  and
          referred to the Committee on Election Law
        AN  ACT  to amend the election law, in relation to clarifying the quali-
          fication to receive an absentee ballot and clarifying the process  for
          delivery of an absentee ballot
          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. 1. If the board shall find
     4  that the applicant  is  a  qualified  voter  of  the  election  district
     5  containing  his  or  her residence as stated in his or her statement and
     6  that his or her statement is sufficient, it shall, as soon as  practica-
     7  ble after it shall have determined his or her right thereto, mail to him
     8  or  her at [an] the address [designated by him] from which the applicant
     9  is registered to vote or a temporary address where he or she is current-
    10  ly living, or deliver to him or her, or to  any  person  designated  for
    11  such  purpose in writing by him or her, at the office of the board, such
    12  an absentee voter's ballot or set of ballots and an  envelope  therefor.
    13  No person may be designated to receive more than two absentee ballots in
    14  a  given election. No person who is a candidate in the election in which
    15  an applicant has requested the absentee ballot may be  a  person  desig-
    16  nated  to  receive  ballots.  If  the  ballot  or ballots are to be sent
    17  outside of the United States to a country other than Canada  or  Mexico,
    18  such  ballot or ballots shall be sent by air mail. However, if an appli-
    19  cant who is eligible for an absentee ballot is a resident of a  facility
    20  operated or licensed by, or under the jurisdiction of, the department of
    21  mental hygiene, or a resident of a facility defined as a nursing home or
    22  residential  health care facility pursuant to subdivisions two and three
    23  of section two thousand eight hundred one of the public health law, or a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01584-01-9

        A. 3500                             2
     1  resident of a hospital or  other  facility  operated  by  the  Veteran's
     2  Administration of the United States, such absentee ballot need not be so
     3  mailed  or  delivered to any such applicant but, may be delivered to the
     4  voter  in the manner prescribed by section 8-407 of this [chapter] title
     5  if such facility is located in the county or city in which such voter is
     6  eligible to vote.
     7    2. Prior to delivering an absentee ballot to a person designated by  a
     8  voter to receive such ballot, the local board of elections shall require
     9  such  person  to  fill  out  a certificate providing his or her name and
    10  address, and to certify that he or she has not received the  ballots  of
    11  more  than  two  voters  for such election and is not a candidate in the
    12  given election cycle. Such certificate shall be provided  by  the  state
    13  board of elections and shall have the following language above the space
    14  where  such designated person places their signature: I CERTIFY THAT THE
    15  INFORMATION IN THIS SIGNATURE IS TRUE AND CORRECT  AND  UNDERSTAND  THAT
    16  THIS  CERTIFICATE WILL BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF
    17  AN AFFIDAVIT AND, IF IT  CONTAINS  A  MATERIAL  FALSE  STATEMENT,  SHALL
    18  SUBJECT  ME  TO  THE  SAME  PENALTIES  AS IF I HAD BEEN DULY SWORN. Such
    19  certificate shall be accepted for all purposes as the equivalent  of  an
    20  affidavit  and  if  it contains a material false statement shall subject
    21  the person signing it to the same penalties as if he  or  she  had  been
    22  duly sworn.
    23    §  2. This act shall take effect on the first of January next succeed-
    24  ing the date on which it shall have become a law.
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