§ 8-407. Voting by residents of nursing homes, residential health care
facilities, facilities operated or licensed, or under the jurisdiction
of, the department of mental hygiene or hospitals or facilities operated
by the Veteran's Administration of the United States. 1. The board of
elections of a county or city in which there is located at least one
facility operated or licensed, or under the jurisdiction of, the
department of mental hygiene, or 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 an
adult care facility subject to the provisions of title two of article
seven of the social services law, or a hospital or other facility
operated by the Veteran's Administration of the United States shall
provide that residents of each such facility for which such board has
received twenty-five or more applications for absentee ballots from
voters who are eligible to vote by absentee ballot in such city or
county at such election, may vote by absentee ballot only in the manner
provided for in this section. Such board may, in its discretion, provide
that the procedure described in this subdivision shall be applicable to
all such facilities in such county or city without regard to the number
of absentee ballot applications received from the residents of any such
facility.

2. Such a board of elections shall appoint, in the same manner as
other inspectors, one or more bi-partisan boards of inspectors, each
composed of two such inspectors. Such inspectors may be regular
employees of such board of elections.

3. Not earlier than thirteen days before or later than the day before
such an election such a board of inspectors shall, between the hours of
nine o'clock in the morning and five o'clock in the evening, attend at
each such facility for the residents of which the board of elections has
custody of twenty-five or more absentee ballots or, if the board of
elections has so provided, each such facility for which the board has
custody of one or more such absentee ballots, pursuant to the provisions
of this chapter.

4. Each such board of inspectors may attend at more than one facility,
provided, however, that no such board of inspectors shall be assigned to
attend at more facilities than it reasonably can be expected to complete
within the time specified by this section.

5. The board of elections shall deliver to each board of inspectors
all the absentee ballots in the custody of such board of elections which
are addressed to residents of the facilities which such board of
inspectors is assigned to attend, together with one or more portable
voting booths of a type approved by the state board of elections and
such other supplies as such board of inspectors will require to
discharge its duties properly.

6. The board of elections, at least twenty days before each such
election, or on the day after it shall have received the requisite
number of applications for absentee ballots from the residents of any
such facility, whichever is later, shall communicate with the
superintendent, administrator or director of each such facility to
arrange the day and time when the board of inspectors will attend at
such facility. The board of elections shall keep a list of the day and
time at which the board of inspectors will attend at each such facility
as a public record at its office.

7. It shall be the duty of each such superintendent, administrator or
director to assist the board of inspectors attending such facility in
the discharge of its duties, including, but not limited to making
available to such board of inspectors space within such facility
suitable for the discharge of its duties.

8. The board of inspectors shall deliver each absentee ballot
addressed to a resident of each such facility to such resident. If such
resident is physically disabled the inspectors shall, if necessary,
deliver the ballot to such voter at his bedside.

9. The board of inspectors shall arrange the portable voting booth or
booths provided and effect such safeguards as may be necessary to
provide secrecy for the votes cast by such residents.

10. If such a resident is unable to mark his ballot, he may be
assisted in marking such ballot by the two members of the board of
inspectors or such other person as he may select. If a voter is unable
to mark the ballot and unable to communicate how he wishes such ballot
marked, such ballot shall not be cast. No person who assists a voter to
mark his ballot pursuant to the provisions of this section, shall
disclose to any other person how any such ballot was marked.

11. Except as otherwise provided in this section, all ballots cast
pursuant to this section shall be cast in the manner provided by this
chapter for the casting of absentee ballots.

12. After such ballots have been cast and sealed in the appropriate
envelopes, they shall be returned to such inspectors.

13. Upon completion of its duties, the board of inspectors shall
forthwith return all such ballots to the board of elections.

14. Any person, political committee or independent body entitled to
appoint watchers for the election district in which any such facility is
located at the election for which such absentee ballots are cast, shall
be entitled to appoint a watcher to attend such board of inspectors at
such facility.

15. All ballots cast pursuant to the provisions of this section which
are received before the close of the polls on election day by the board
of elections charged with the duty of casting and canvassing such
ballots, may be delivered to the inspectors of election in the manner
prescribed by this chapter or retained at the board of elections and
cast and canvassed pursuant to the provisions of section 9-209 of this
chapter as such board shall, in its discretion, determine pursuant to
the provisions of subdivision one of this section.