S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4223
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in relation to the mailing or delivery
   of absentee ballots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  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:
   1.  If the board shall find that the applicant is a qualified voter of
 the election district containing  [his]  THE  APPLICANT'S  residence  as
 stated in [his] THEIR statement and that [his] THE APPLICANT'S statement
 is  sufficient,  it  shall,  as  soon as practicable after it shall have
 determined [his] THEIR right thereto, mail to [him] THE APPLICANT at  an
 address  designated  by  [him] THEM, or deliver to [him] THEM, or to any
 person designated for such purpose in writing  by  [him]  THEM,  at  the
 office  of  the board, such an absentee voter's ballot or set of ballots
 and an envelope therefor. 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
 Administration  of the United States] UNITED STATES DEPARTMENT OF VETER-
 ANS AFFAIRS, 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 eligible to vote.  NO
 ABSENTEE BALLOT SHALL BE MAILED OR DELIVERED  TO  A  VOTER  UNLESS  SUCH
 VOTER SPECIFICALLY REQUESTS TO RECEIVE AN ABSENTEE BALLOT.
   § 2. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08431-01-5