Bill Text: NY S08917 | 2019-2020 | General Assembly | Amended

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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 1-0)

Status: (Introduced - Dead) 2020-08-26 - PRINT NUMBER 8917A [S08917 Detail]

Download: New_York-2019-S08917-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8917--A

                    IN SENATE

                                     August 14, 2020
                                       ___________

        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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
    24  received  by  the  board  after  the thirtieth day before the day of the
    25  election, but no later than the fifteenth day  before  the  day  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17123-04-0
        S. 8917--A                          2

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