This text of New York § 8-407 (Voting by residents of nursing homes, residential health care facilities, facilities operated or licensed, or under the jurisdiction of, ...) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 8-407. Voting by residents of nursing homes, residential health care\nfacilities, facilities operated or licensed, or under the jurisdiction\nof, the department of mental hygiene or hospitals or facilities operated\nby the Veteran's Administration of the United States.
1.The board of\nelections of a county or city in which there is located at least one\nfacility operated or licensed, or under the jurisdiction of, the\ndepartment of mental hygiene, or a facility defined as a nursing home or\nresidential health care facility pursuant to subdivisions two and three\nof section two thousand eight hundred one of the public health law or an\nadult care facility subject to the provisions of title two of article\nseven of the social services law, or a hospital or other facility\noperated by th
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§ 8-407. Voting by residents of nursing homes, residential health care\nfacilities, facilities operated or licensed, or under the jurisdiction\nof, the department of mental hygiene or hospitals or facilities operated\nby the Veteran's Administration of the United States. 1. The board of\nelections of a county or city in which there is located at least one\nfacility operated or licensed, or under the jurisdiction of, the\ndepartment of mental hygiene, or a facility defined as a nursing home or\nresidential health care facility pursuant to subdivisions two and three\nof section two thousand eight hundred one of the public health law or an\nadult care facility subject to the provisions of title two of article\nseven of the social services law, or a hospital or other facility\noperated by the Veteran's Administration of the United States shall\nprovide that residents of each such facility for which such board has\nreceived twenty-five or more applications for absentee ballots from\nvoters who are eligible to vote by absentee ballot in such city or\ncounty at such election, may vote by absentee ballot only in the manner\nprovided for in this section. Such board may, in its discretion, provide\nthat the procedure described in this subdivision shall be applicable to\nall such facilities in such county or city without regard to the number\nof absentee ballot applications received from the residents of any such\nfacility.\n 2. Such a board of elections shall appoint, in the same manner as\nother inspectors, one or more bi-partisan boards of inspectors, each\ncomposed of two such inspectors. Such inspectors may be regular\nemployees of such board of elections.\n 3. Not earlier than thirteen days before or later than the day before\nsuch an election such a board of inspectors shall, between the hours of\nnine o'clock in the morning and five o'clock in the evening, attend at\neach such facility for the residents of which the board of elections has\ncustody of twenty-five or more absentee ballots or, if the board of\nelections has so provided, each such facility for which the board has\ncustody of one or more such absentee ballots, pursuant to the provisions\nof this chapter.\n 4. Each such board of inspectors may attend at more than one facility,\nprovided, however, that no such board of inspectors shall be assigned to\nattend at more facilities than it reasonably can be expected to complete\nwithin the time specified by this section.\n 5. The board of elections shall deliver to each board of inspectors\nall the absentee ballots in the custody of such board of elections which\nare addressed to residents of the facilities which such board of\ninspectors is assigned to attend, together with one or more portable\nvoting booths of a type approved by the state board of elections and\nsuch other supplies as such board of inspectors will require to\ndischarge its duties properly.\n 6. The board of elections, at least twenty days before each such\nelection, or on the day after it shall have received the requisite\nnumber of applications for absentee ballots from the residents of any\nsuch facility, whichever is later, shall communicate with the\nsuperintendent, administrator or director of each such facility to\narrange the day and time when the board of inspectors will attend at\nsuch facility. The board of elections shall keep a list of the day and\ntime at which the board of inspectors will attend at each such facility\nas a public record at its office.\n 7. It shall be the duty of each such superintendent, administrator or\ndirector to assist the board of inspectors attending such facility in\nthe discharge of its duties, including, but not limited to making\navailable to such board of inspectors space within such facility\nsuitable for the discharge of its duties.\n 8. The board of inspectors shall deliver each absentee ballot\naddressed to a resident of each such facility to such resident. If such\nresident is physically disabled the inspectors shall, if necessary,\ndeliver the ballot to such voter at his bedside.\n 9. The board of inspectors shall arrange the portable voting booth or\nbooths provided and effect such safeguards as may be necessary to\nprovide secrecy for the votes cast by such residents.\n 10. If such a resident is unable to mark his ballot, he may be\nassisted in marking such ballot by the two members of the board of\ninspectors or such other person as he may select. If a voter is unable\nto mark the ballot and unable to communicate how he wishes such ballot\nmarked, such ballot shall not be cast. No person who assists a voter to\nmark his ballot pursuant to the provisions of this section, shall\ndisclose to any other person how any such ballot was marked.\n 11. Except as otherwise provided in this section, all ballots cast\npursuant to this section shall be cast in the manner provided by this\nchapter for the casting of absentee ballots.\n 12. After such ballots have been cast and sealed in the appropriate\nenvelopes, they shall be returned to such inspectors.\n 13. Upon completion of its duties, the board of inspectors shall\nforthwith return all such ballots to the board of elections.\n 14. Any person, political committee or independent body entitled to\nappoint watchers for the election district in which any such facility is\nlocated at the election for which such absentee ballots are cast, shall\nbe entitled to appoint a watcher to attend such board of inspectors at\nsuch facility.\n 15. All ballots cast pursuant to the provisions of this section which\nare received before the close of the polls on election day by the board\nof elections charged with the duty of casting and canvassing such\nballots, may be delivered to the inspectors of election in the manner\nprescribed by this chapter or retained at the board of elections and\ncast and canvassed pursuant to the provisions of section 9-209 of this\nchapter as such board shall, in its discretion, determine pursuant to\nthe provisions of subdivision one of this section.\n