STATE OF NEW YORK ________________________________________________________________________ 7231 2025-2026 Regular Sessions IN SENATE April 4, 2025 ___________ Introduced by Sens. GIANARIS, BAILEY, BROUK, COONEY, GOUNARDES, HINCHEY, HOYLMAN-SIGAL, JACKSON, 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] the applicant's residence as 6 stated in [his] such applicant's statement and that [his] the appli- 7 cant's statement is sufficient, it shall, as soon as practicable after 8 it shall have determined [his] the applicant's right thereto, mail to 9 [him] the applicant at an address designated by [him] the applicant, or 10 deliver to [him] the applicant, or to any person designated for such 11 purpose in writing by [him] the applicant, at the office of the board, 12 such an absentee voter's ballot or set of ballots and an envelope there- 13 for. Such mailing or delivery at the board of elections shall 14 occur no later than the forty-sixth day before the day of the election 15 if the application was received by the board at least sixty days 16 before the day of the election; and if the application was received by 17 the board after the sixtieth day before the day of the election, 18 but no later than the forty-sixth day before the day of the election, 19 the board shall mail or deliver at the board of elections the absentee 20 ballot no later than the forty-second day before the day of the 21 election; and if the application was received by the board after the 22 forty-sixth day before the day of the election, but no later than the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00813-01-5
S. 7231 2 1 thirtieth day before the day of the election, the board shall mail or 2 deliver at the board of elections the absentee ballot within four days 3 of receiving the absentee ballot application; and if the application was 4 received by the board after the thirtieth day before the day of the 5 election, but no later than the fifteenth day before the day of the 6 election, the board shall mail or deliver at the board of elections the 7 absentee ballot within three days of receiving the absentee ballot 8 application; and if the application was received by the board after the 9 fifteenth day before the day of the election but no later than the 10 seventh day before the day of the election, the board shall mail or 11 deliver at the board of elections the absentee ballot within two days 12 of receiving the absentee ballot application; and if the application 13 was received timely postmarked by mail after the seventh day before the 14 day of the election, the board shall make every reasonable effort to 15 mail or deliver at the board of elections the ballot on the day the 16 application is received; and if the application was delivered in person 17 after the seventh day before the day of the election and no later than 18 the day before the election, the board shall make every reasonable 19 effort to deliver the ballot at the board of elections on the day the 20 application is received. If the ballot or ballots are to be sent outside 21 of the United States to a country other than Canada or Mexico, such 22 ballot or ballots shall be sent by air mail. However, if an applicant 23 who is eligible for an absentee ballot is a resident of a facility oper- 24 ated or licensed by, or under the jurisdiction of, the department of 25 mental hygiene, or a resident of a facility defined as a nursing home or 26 residential health care facility pursuant to subdivisions two and three 27 of section two thousand eight hundred one of the public health law, or a 28 resident of a hospital or other facility operated by the Veteran's 29 Administration of the United States, such absentee ballot need not be so 30 mailed or delivered to any such applicant but, may be delivered to the 31 voter in the manner prescribed by section 8-407 of this chapter if such 32 facility is located in the county or city in which such voter is eligi- 33 ble to vote. 34 § 2. This act shall take effect immediately.