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

                                  1979

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI, COLTON, McDONALD, JAFFEE, DUPREY,
  GOODELL, STIRPE -- Multi-Sponsored by -- M.  of  A.  CROUCH,  LUPARDO,
  OAKS -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02964-01-5
              

A. 1979                             2

resident of a hospital or  other  facility  operated  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 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.