2023 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 Department of Mental Hygiene or Hospitals or Facilities Operated by the Veteran's Administration of the United States.

§ 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.