S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1474
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A. ZEBROWSKI, COLTON, JAFFEE, GOODELL, STIRPE --
   Multi-Sponsored by -- M. of A. CROUCH, LUPARDO, McDONALD, 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:
   § 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.
              

                                                            LBD04297-01-7

 A. 1474                             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.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.