S T A T E   O F   N E W   Y O R K
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                                  8269

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 20, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  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:

  Section  1.  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. 1. 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 practica-
ble after it shall have determined his OR HER right thereto, mail to him
OR HER at [an] THE address [designated by him] FROM WHICH THE  APPLICANT
IS REGISTERED TO VOTE OR A TEMPORARY ADDRESS WHERE HE OR SHE IS CURRENT-
LY  LIVING,  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 TWO ABSENTEE BALLOTS IN
A GIVEN ELECTION. NO PERSON WHO IS A CANDIDATE IN THE ELECTION IN  WHICH
AN  APPLICANT  HAS  REQUESTED THE ABSENTEE BALLOT MAY BE A PERSON DESIG-
NATED TO RECEIVE BALLOTS. 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  appli-
cant  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 subdivisions two and  three
of section two thousand eight hundred one of the public health law, or a
resident  of  a  hospital  or  other  facility operated by the Veteran's

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11815-03-3
              

A. 8269                             2

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 this [chapter] TITLE
if such facility is located in the county or city in which such voter is
eligible to vote.
  2.  PRIOR TO DELIVERING AN ABSENTEE BALLOT TO A PERSON DESIGNATED BY A
VOTER TO RECEIVE SUCH BALLOT, THE LOCAL BOARD OF ELECTIONS SHALL REQUIRE
SUCH PERSON TO FILL OUT A CERTIFICATE PROVIDING  HIS  OR  HER  NAME  AND
ADDRESS,  AND  TO CERTIFY THAT HE OR SHE HAS NOT RECEIVED THE BALLOTS OF
MORE THAN TWO VOTERS FOR SUCH ELECTION AND IS NOT  A  CANDIDATE  IN  THE
GIVEN  ELECTION  CYCLE.  SUCH CERTIFICATE SHALL BE PROVIDED BY THE STATE
BOARD OF ELECTIONS AND SHALL HAVE THE FOLLOWING LANGUAGE ABOVE THE SPACE
WHERE SUCH DESIGNATED PERSON PLACES THEIR SIGNATURE: I CERTIFY THAT  THE
INFORMATION  IN  THIS  SIGNATURE IS TRUE AND CORRECT AND UNDERSTAND THAT
THIS CERTIFICATE WILL BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT  OF
AN  AFFIDAVIT  AND,  IF  IT  CONTAINS  A MATERIAL FALSE STATEMENT, SHALL
SUBJECT ME TO THE SAME PENALTIES AS IF  I  HAD  BEEN  DULY  SWORN.  SUCH
CERTIFICATE  SHALL  BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN
AFFIDAVIT AND IF IT CONTAINS A MATERIAL FALSE  STATEMENT  SHALL  SUBJECT
THE  PERSON  SIGNING  IT  TO THE SAME PENALTIES AS IF HE OR SHE HAD BEEN
DULY SWORN.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.