NY Elec L § 8-407 (2021)
2021 New York Laws ELN - Election Article 8 - Conduct of Elections Title 4 - Absentee Voting 8-407 - Voting by Residents of Nursing Homes, Residential Health Care Facilities, Facilities Operated or Licensed, or Under the Jurisdiction Of, the Departmen

§ 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.* 16.  Notwithstanding  any  other  provision  of  this section to the   contrary,  inspectors  of  the  board  shall  not  attend  and/or  visit   facilities  covered under this section, and shall not physically deliver   ballots to residents of such facilities in-person for primary  elections   or   elections  held  on  or  prior  to  December  first,  two  thousand   twenty-one. Boards of elections shall mail or deliver  absentee  ballots   to  voters  residing  in  such facilities in the same manner as absentee   ballots are delivered to other absentee voters pursuant to this title.* NB Repealed January 1, 2022