S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4358
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, COLTON, STIRPE, GOODELL -- Multi-Spon-
   sored by -- M.  of A. LUPARDO -- read once and referred to the Commit-
   tee 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 section  2
 of  part  HH  of  chapter  55 of the laws of 2022, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07004-01-3
              

 A. 4358                             2
 
 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
 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 if  such
 facility  is located in the county or city in which such voter is eligi-
 ble to vote.
   2. When mailing an absentee ballot to a voter the board  of  elections
 shall provide a domestic postage paid return envelope. When providing an
 absentee ballot to a voter in-person, the board of elections shall offer
 the  voter  a  domestic  postage paid return envelope and provide one if
 requested.
   3. 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.