senate Bill S1557

Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2011
    • REFERRED TO ELECTIONS
  • 06 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS
  • 05 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements.

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Bill Details

See Assembly Version of this Bill:
A3685
Versions:
S1557
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Election Law
Laws Affected:
Amd §15-120, El L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3251B, A4232C
2007-2008: A9598

Votes

7
1
7
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Elections committee vote details

Sponsor Memo

BILL NUMBER:S1557

TITLE OF BILL: An act to amend the education law, in relation to the
performance of certain state contracts

SUMMARY OF PROVISIONS: Adds a new section to state that state contracts
shall be required to include a provision stating all services performed
under such contract or any subcontract shall be performed within the
United States.

Subdivision 2 allows that when a service is required and cannot be
provided in the United States, these provisions shall not apply.

Subdivision 3 states that the comptroller shall review all existing
state contracts that have not been completed or terminated and determine
whether the services are being performed in the United States. Within
one year the comptroller's findings shall be made available to the
Governor, Senate, Assembly and the general public.

Subdivision 4 gives the definition of state contract and defining
contracting agency which means department of education, state university
of New York, community colleges and city university of New York.

Section 2 is the effective date.

JUSTIFICATION: One of the most dangerous issues facing our nations
workforce is that of the outsourcing of services to foreign countries.
New York state should not be outsourcing to foreign businesses services
and that can be performed in this country by the world's best workforce.
This legislation would help retain jobs as well as keep additional
revenue within this country.

LEGISLATIVE HISTORY: 2011-12 S.3147; 2009-2010 S.2048; 2007-08, S.4077;
2005-2006, S.5533.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law and shall apply to all state contracts entered
into on or after such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1557

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced by Sens. ADDABBO, DIAZ, DILAN, HASSELL-THOMPSON, OPPENHEIMER,
  PERKINS,  STAVISKY -- read twice and ordered printed, and when printed
  to be committed to the Committee on Elections

AN ACT to amend the election law, in  relation  to  absentee  voting  at
  village elections

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 15-120 of the election law, paragraph (b) of subdi-
vision 1 and subdivision 8 as amended by chapter  373  of  the  laws  of
1978,  subdivision  2  as  amended  by  chapter 279 of the laws of 1983,
subdivision 3 as amended by chapter 333 of the laws  of  1983,  subdivi-
sions  4 and 5 as amended by chapter 84 of the laws of 1986 and subdivi-
sion 6 as amended by chapter 216 of the laws of 1982, is amended to read
as follows:
  S 15-120. Absentee voting at village elections. 1. A qualified  [elec-
tor] VOTER of a village may vote as an absentee voter under this section
if  during  all  the  hours of voting on the day of a general or special
village election he OR SHE will be:
  [(a) Unavoidably absent from the county  in  which  his  residence  is
located because:
  i. he is a member of the armed forces of the United States of America;
or
  ii. he is a student matriculated at an institution of learning located
outside such county; or
  iii. he is a patient at a veterans administration hospital; or
  iv.  his  duties,  occupation or business require him to be so absent,
provided, however, such absence is not caused by the fact that his regu-
lar and daily place of business is located outside of said county.
  (b) Absent from the county in which his residence is  located  because
he is on vacation outside said county.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00374-01-1

S. 1557                             2

  (c)  He  is  the  spouse,  parent or child of, and resides in the same
household with, a person qualified under any of the foregoing paragraphs
of this subdivision and will also be absent from said county  by  reason
of accompanying the person so qualified.]
  (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
  (B)  UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR PHYS-
ICAL DISABILITY, OR DUTIES RELATED TO THE PRIMARY CARE OF  ONE  OR  MORE
INDIVIDUALS  WHO  ARE  ILL  OR PHYSICALLY DISABLED, OR BECAUSE HE OR SHE
WILL BE OR IS A PATIENT IN A HOSPITAL; OR
  (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (D) ABSENT FROM HIS OR HER VOTING  RESIDENCE  BECAUSE  HE  OR  SHE  IS
DETAINED  IN  JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL, OR
CONFINED IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER  THAN
A  FELONY,  PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN THE ELECTION
DISTRICT OF HIS OR HER RESIDENCE.
  2. Each person entitled to vote as an absentee voter pursuant to  this
section  and desirous of obtaining an absentee ballot shall make written
application therefor to the village clerk.  Application  forms  for  use
pursuant  to  this  section  shall  be in a form prescribed by the state
board of elections. The use of  any  application  which  is  on  a  form
prescribed by the state board of elections shall be acceptable.
  3.  An application for an absentee ballot must be signed by the appli-
cant.  Such application may require that the applicant submit a  certif-
icate  in  lieu  of any affidavit which shall state that the information
contained in the application is true. Such certificate shall be accepted
for all purposes as the equivalent of an affidavit and  shall  have  the
following language printed in bold face type above the signature line:
        "I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR
        ALL  PURPOSES  AS THE EQUIVALENT OF AN AFFIDAVIT AND, IF
        IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME
        TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."
  4. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST  CONTAIN  IN
EACH INSTANCE THE FOLLOWING INFORMATION:
  (A)  APPLICANT'S  FULL  NAME,  DATE  OF  BIRTH, AND RESIDENCE ADDRESS,
INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE,  IF  ANY,
MAILING  ADDRESS  IF DIFFERENT FROM THE RESIDENCE ADDRESS AND HIS OR HER
VILLAGE AND AN ADDRESS TO WHICH THE BALLOT SHALL BE MAILED.
  (B) A STATEMENT THAT THE  APPLICANT  IS  A  QUALIFIED  AND  REGISTERED
VOTER.
  (C)  A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION THE
APPLICANT EXPECTS IN GOOD FAITH TO BE IN ONE OF  THE  FOLLOWING  CATEGO-
RIES:
  (I) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
IF  THE  APPLICANT  EXPECTS TO BE ABSENT FROM SUCH COUNTY FOR A DURATION
COVERING MORE THAN ONE ELECTION AND SEEKS AN ABSENTEE  BALLOT  FOR  EACH
ELECTION,  HE  OR  SHE  SHALL  STATE THE DATES WHEN HE OR SHE EXPECTS TO
BEGIN AND END SUCH ABSENCE; OR
  (II) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS  OR  PHYS-
ICAL  DISABILITY  OR  DUTIES  RELATED TO THE PRIMARY CARE OF ONE OR MORE
INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
  (III) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (IV) DETAINED IN JAIL AWAITING ACTION BY  A  GRAND  JURY  OR  AWAITING
TRIAL  OR  CONFINED  IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE
OTHER THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS SO DETAINED
OR CONFINED.

S. 1557                             3

  (D) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
TEE BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN  ANY
YEAR  AND  FOR  THOSE PERSONS WHO WILL BE CONTINUOUSLY ABSENT FROM THEIR
COUNTY OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY  ELECTION
AND  THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH SUCH
ELECTIONS IN SUCH YEAR. A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT SHALL
BE SENT AN ABSENTEE BALLOT FOR ANY SPECIAL ELECTION  OR  WINTER  PRIMARY
THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
  5.  An  application  must  be received by the village clerk no earlier
than [four months] THE THIRTIETH DAY before the election  for  which  an
absentee ballot is sought. If the application requests that the absentee
ballot be mailed, such application must be received not later than seven
days  before the election. If the applicant or his OR HER agent delivers
the application to the village clerk in person, such application must be
received not later than the day before the election. The  village  clerk
shall  examine each application and shall determine from the information
contained therein whether the applicant is qualified under this  section
to  receive  an absentee ballot. The clerk in making such decision shall
not determine whether the applicant is a qualified elector, said  deter-
mination  being reserved to the inspectors of election as is hereinafter
provided in subdivision [eight] NINE of this section.
  [5] 6.  No later than six days before the election for which an appli-
cation has been received and for which the village clerk has  determined
the  applicant  to  be  qualified to vote by absentee ballot the village
clerk shall mail, by regular mail, an absentee ballot to each  qualified
applicant  who  has  applied  before such day and who has requested that
such absentee ballot be mailed to him OR HER at the address set forth in
his OR HER application. If the applicant or his OR  HER  agent  delivers
the  application  to  the  village clerk in person after the seventh day
before the village election and  not  later  than  the  day  before  the
election,  the  village  clerk  shall  forthwith  deliver  such absentee
ballots for those applicants whom he OR SHE determines are qualified  to
make such applications and to receive such ballots to such applicants or
the  agents  named  in  the  applications when such applicants or agents
appear in the village clerk's office.
  [6] 7.  The absentee ballot shall be caused to be prepared and printed
by the village clerk as provided by law for  paper  ballots  or  machine
ballots,  whichever  are  to  be  used  in said election and appropriate
modifications for the purposes of this section. He  OR  SHE  shall  also
cause  to  be  prepared and printed return envelopes addressed to him OR
HER, conforming so far as may be practicable to the provisions  of  this
chapter  stating  thereon that in order for the ballot contained therein
to be counted it must be received by the village clerk  not  later  than
the  close  of  the  polls  on election day. On the reverse side of each
return envelope there shall be written instructions  for  the  voter  to
insert at designated places his OR HER signature, his OR HER name print-
ed,  his  OR  HER  residence  address  within the village and his OR HER
village election district if there be more than one district within  the
village.
  [7]  8.   The method of marking, preparing and mailing such ballot for
voting shall conform, wherever practicable,  to  the  methods  used  for
absentee  ballots  for  a  general election, except that the envelope in
which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have been returned to him OR HER, in the sealed envelopes to  the  board
of  inspectors  of  election  of the proper election district.   No such

S. 1557                             4

ballot shall be deemed to have been voted unless or until it shall  have
been  delivered  to  the board of inspectors of election of the election
district in which the elector casting the ballot resides and shall  have
been  deposited  by  the  chairman of such board in the box provided for
receiving such ballot.
  [8] 9.  When such ballots shall have been delivered to  the  board  of
inspectors  of  election  of the proper election district and shall have
been duly determined by such board to have been lawfully cast by a qual-
ified elector of such district, the chairman of such board shall,  after
the  close of the polls, open the envelopes containing such ballots and,
without unfolding such ballots or permitting  the  face  thereof  to  be
exposed  to  the view of anyone, shall deposit each such ballot in a box
specifically furnished for such purpose by the  village  clerk.  If  the
board  of  inspectors shall determine that any such ballot has been cast
by an elector who would not be qualified under the  provisions  of  this
section, then such ballot shall not be counted.
  [9]  10.    After  all  the ballots shall have been deposited, the box
shall be opened and such ballots canvassed in the same manner  as  other
ballots  cast  at such election and shall be counted and included in the
total of all ballots cast at such election.
  S 2. This act shall take effect immediately.

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