N.Y. Election Law § 8-407: Voting by residents of nursing homes, residential health care facilities, facilities operated or licensed, or under the jurisdiction of, ...

§ 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.