S T A T E   O F   N E W   Y O R K
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                                  2030

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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  deadline  for
  obtaining  application  forms  for absentee ballots by persons who are
  ill or physically disabled; who shall supply  application  forms;  and
  limit  on  number of absentee ballots to be received on the day of the
  election

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs  (a),  (c) and (d) of subdivision 2 of section
8-400 of the election law, paragraph (a) as amended by  chapter  263  of
the laws of 1991, paragraph (c) as amended by chapter 321 of the laws of
1988  and  paragraph (d) as separately amended by chapters 97 and 104 of
the laws of 2010, are amended to read as follows:
  (a) Application forms shall be furnished by and may be  obtained  from
any  board  of  elections at any time until the day before such election
OR, WITH RESPECT TO APPLICATIONS FOR PERSONS WHO ARE ILL  OR  PHYSICALLY
DISABLED,  UNTIL THE DAY OF SUCH ELECTION.  Application forms shall also
be supplied by the board of inspectors  [of  the  election  district  in
which  applicant  is  a qualified voter] on all of the days provided for
local registration. [In addition, application forms  shall  be  supplied
upon  the  request  of  the  person  authorized to vote pursuant to this
section, any such person's spouse, parent or child,  a  person  residing
with the applicant as a member of his household, or the applicant's duly
authorized  agent.]  Application forms sent outside of the United States
to a country other than Canada or Mexico, shall  be  sent  airmail.  Any
reference  to  "board  of elections" in the remaining provisions of this
section, except with respect to the furnishing and obtaining of applica-
tions for absentee ballots, means only the board  of  elections  of  the
county or city in which the applicant is a qualified voter.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06826-01-1

              

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  (c)  All  applications  must  be  mailed to the board of elections not
later than the seventh day before the election for  which  a  ballot  is
first requested or delivered to such board not later than the day before
such election EXCEPT THAT APPLICATIONS FROM PERSONS WHO ARE ILL OR PHYS-
ICALLY  DISABLED  MAY  BE  DELIVERED TO SUCH BOARD UNTIL THE DAY OF SUCH
ELECTION.
  (d) The board of elections shall mail OR DELIVER an absentee ballot to
every qualified voter otherwise eligible for such a ballot, who requests
such an absentee ballot from such board of elections  in  writing  in  a
letter,  telefax  indicating  the  address, phone number and the telefax
number from which the writing is sent or other written instrument, which
is signed by the voter and received by the board of  elections  BY  MAIL
not  earlier  than the thirtieth day [nor] BEFORE THE ELECTION FOR WHICH
THE BALLOT IS FIRST REQUESTED AND WHICH IS MAILED  NOT  later  than  the
seventh  day  before  [the] SUCH election [for which the ballot is first
requested and which states], OR WHICH IS DELIVERED  TO  SUCH  BOARD  NOT
EARLIER  THAN  THE  THIRTIETH  DAY  NOR  LATER  THAN THE DAY BEFORE SUCH
ELECTION EXCEPT THAT SUCH LETTERS FROM PERSONS WHO ARE ILL OR PHYSICALLY
DISABLED MAY BE DELIVERED TO SUCH BOARD UNTIL THE DAY OF SUCH  ELECTION.
SUCH  LETTERS  MUST  SET FORTH the address where the voter is registered
and the address to which the ballot is to be mailed OR, IF  SUCH  BALLOT
MAY  BE DELIVERED, THE NAME OF THE PERSON TO WHOM IT IS TO BE DELIVERED;
provided, however, a military voter may request  a  military  ballot  or
voter  registration  application  or an absentee ballot application in a
letter as provided in subdivision three of section 10-106 of this  chap-
ter; and provided further, a special federal voter may request a special
federal  ballot  or voter registration application or an absentee ballot
application in a letter as provided in paragraph d of subdivision one of
section 11-202 of this chapter. The board  of  elections  shall  enclose
with such ballot a form of application for absentee ballot if the appli-
cant is registered with such board of elections.
  S  2.  Section 8-406 of the election law, as amended by chapter 296 of
the laws of 1988, is amended to read as follows:
  S 8-406.  Absentee ballots, delivery of.  If the board shall find that
the applicant is a qualified voter of the election  district  containing
his  OR  HER residence as stated in his OR HER statement and that his OR
HER statement is sufficient, it shall, as soon as practicable  after  it
shall have determined his OR HER right thereto, mail to him OR HER at an
address  designated  by  him OR HER, or deliver to him OR HER, or to any
person designated for such purpose in writing by  him  OR  HER,  at  the
office  of  the board, such an absentee voter's ballot or set of ballots
and an envelope therefor. NO PERSON MAY BE DESIGNATED  TO  RECEIVE  MORE
THAN  ONE  ABSENTEE  BALLOT  ON  THE  DAY OF THE ELECTION OTHER THAN THE
BALLOTS OF HIS OR HER SPOUSE, CHILD,  PARENT,  GRANDPARENT,  BROTHER  OR
SISTER  AND THE SPOUSE OF ANY SUCH PERSON.  If the ballot or ballots are
to be sent outside of the United States to a country other  than  Canada
or  Mexico,  such ballot or ballots shall be sent by air mail.  However,
if an applicant who is eligible for an absentee ballot is a resident  of
a  facility  operated  or licensed by, or under the jurisdiction of, the
department of mental hygiene, or a resident of a facility defined  as  a
nursing  home  or  residential health care facility pursuant to subdivi-
sions two and three of section two thousand eight  hundred  one  of  the
public  health  law, or a resident of a hospital or other facility oper-
ated by the Veteran's Administration of the United States, such absentee
ballot need not be so mailed or delivered to any such applicant but, may
be delivered to the voter in the manner prescribed by section  8-407  of

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this  chapter if such facility is located in the county or city in which
such voter is eligible to vote.
  S  3.    This  act  shall  take  effect  on the first of December next
succeeding the date on which it shall have become a law.