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